Michael A. Hacker

Active in the Boston legal community, Mike is currently serving a second term as co-chair of the Boston Bar Association’s Securities Enforcement and Civil Litigation Committee. He also regularly devotes his time to local individuals and organizations in need of pro bono legal assistance.

While in law school, Mike completed an internship with Judge Allison D. Burroughs of the US District Court for the District of Massachusetts and served as the notes editor of the Boston College Law Review.

• Represented dozens of senior executives of a financial services firm in connection with a US Securities and Exchange Commission (SEC) investigation concerning the use of off-channel communications.
• Conducted internal investigation for a financial services firm in connection with potential legal and regulatory issues arising from the transfer of client accounts.
• Member of trial team in the first criminal no-poach jury trial in the United States, resulting in a complete defense verdict on all counts.
• Conducted an internal investigation on behalf of a board committee in connection with insider trading allegations, and represented the company in a related SEC investigation.
• Counsel to a mutual fund adviser in the SEC’s first settled action concerning mutual fund Environmental, Social, and Governance (ESG)-related disclosures. The settlement Order references the adviser’s remedial efforts and cooperation, including that the adviser “provided detailed factual summaries and made substantive presentations on key topics,” which “advanced the quality and efficiency of the staff’s investigation and conserved Commission resources.” 
• Member of team that obtained first dismissal of 1933 Act claims in New York State court on the basis of a forum selection clause in the defendant company’s certificate of incorporation following the Delaware Supreme Court’s seminal decision in Sciabacucchi v. Salzberg.
• Represented SPACs, target companies, and company directors in shareholder litigation concerning multiple de-SPAC transactions.
• Member of team that obtained dismissal with prejudice of all 1933 Act strict liability claims asserted against corporate client and certain of its directors and officers in a federal securities class action filed in Massachusetts state court, pursuant to the US Supreme Court’s ruling in the Cyan case, arising out of the client’s initial public offering.
• Counsel to a publicly held biopharmaceutical company and its current and former officers in an SEC investigation concerning the company’s public statements regarding the commercial viability of, and anticipated patient population for, a principal drug candidate. The SEC declined enforcement action.
• Counsel to a publicly held company in an SEC investigation stemming from a whistleblower’s allegations regarding the company’s transfer pricing and tax accounting practices. The representation included self-reporting to the SEC. The SEC declined enforcement action.
• Successfully briefed and argued appeal before the Massachusetts Appeals Court on behalf of a survivor of domestic violence whose application for a restraining order was denied, resulting in reversal and remand to the trial court.
• Successfully argued in federal district court for immediate release of immigrant detainee due to COVID-19 outbreak at prison.
• Represented civil rights organizations as amicus curiae in case before Massachusetts Supreme Judicial Court concerning application of search and seizure jurisprudence to digital data obtained from search of cell phone controlled by third party.
• Key member of team that successfully represented a Big Four accounting firm in a three-week jury trial before the Business Litigation Session of the Massachusetts Superior Court.
• Conducted an internal investigation for a major university in connection with possible financial improprieties and payment of bribes related to admissions decisions.
• Represented Big Four audit partner at a Public Company Accounting Oversight Board deposition.
• Successfully represented a US Army veteran in federal court challenge after US Citizenship and Immigration Services failed to timely adjudicate his naturalization application.