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Michael P. (Mike) McCloskey

San Diego
619.685.6409



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Michael P. (Mike) McCloskey
Partner

Michael P. McCloskey is a partner with Foley & Lardner LLP and is a member of the firm's Securities Enforcement & Litigation and Business Litigation & Dispute Resolution Practices. His practice focuses on complex commercial matters involving federal securities fraud, state and federal derivative actions and anticompetitive business practice claims. He defends publicly traded corporations and their officers and directors before the SEC and in major securities class actions. He also advises his clients on corporate governance measures and best business practices to minimize litigation risk. If circumstances warrant, Mr. McCloskey will assemble, organize and lead an internal investigation requested by the company's audit or special litigation committee.

Mr. McCloskey's clients include the boards of directors and audit committees of consumer product companies, computer manufacturers, electronics companies, high-tech communications companies, oil and gas exploration companies, and pharmaceutical companies. Mr. McCloskey is a frequent lecturer on current securities litigation issues and corporate governance matters. He also teaches trial skills and is certified as an instructor by the National Institute of Trial Advocacy.

Mr. McCloskey was selected for inclusion in the 2008, 2009 and 2010 San Diego Super Lawyers® lists in the areas of Securities Litigation and Business Litigation.

Mr. McCloskey received his undergraduate degree from the University of Southern California (B.S., cum laude, 1976), and his law degree from McGeorge School of Law, University of the Pacific (J.D., 1982). He was a staff writer and managing editor for the Pacific Law Journal.

Mr. McCloskey retired as a colonel in the Marine Corps Reserves with 30 years of service. Before his civilian practice, he spent six years prosecuting criminal cases and defending the Department of Navy and the Secretary of the Navy in federal district courts and circuit courts of appeal.

He is admitted to the State Bar of California and is admitted to practice before the United States Supreme Court, the 9th Circuit Court of Appeals, and all federal district courts in California. Mr. McCloskey is a master in the American Inns of the Court, a member of the American Bar Association and the San Diego County Bar Association, and a lifetime member of Phi Delta Phi legal fraternity.

Mr. McCloskey serves on the San Diego board of governors for the Association of Business Trial Lawyers, the board of directors for the Corporate Director's Forum and is chair of the Corporate Governance Committee.

Selected Publications:

  • "New Corporate Governance For Tax-Exempt Organizations," with David J. Aveni, San Diego Financial Executives International News, January 2010
  • "The Importance of Good Governance," Compliance Issues and Trends, Aspatore Books, 2008
  • "Shareholder Activism," with Katherine P. Soby, San Diego Financial Executives International News, May 2008
  • "Relief From Increasing Cost of SOX," San Diego Financial Executives International News, September 2007
  • Compliance with Sarbanes-Oxley Section 404, San Diego Daily Transcript, May 26, 2005
  • "Increased Cost of Compliance: Auditors, Section 404 and Auditing Standard No. 2," with Scott Seabolt, D&O Advisor, August 13, 2004

Selected Presentations:

  • Point/Counterpoint Presentation on Securities Litigation with William Lerach to San Diego County Bar Association (April 2007)
  • Presentation on Sarbanes-Oxley Application to Private Companies to Association of Corporate Counsel (January 2007)
  • Presentation on Privacy and Security Litigation to Association of Corporate Counsel (November 2006)
  • Presentation on Technical Difficulties at Trial at Association of Business Trial Lawyers Annual Seminar (October 2006)
  • Presentation on Defending Class Actions at Business Litigation Conference, Orlando, Fla. (December 2005)
  • Presentation on Loss Causation in Securities Class Actions with William Lerach of Lerach Coughlin Stola Gellar Rudman & Robbins and Michael Zartman of Genesis Insurance Company at conference sponsored by San Diego Daily Transcript (June 2005)
  • Presentation on Class Action Securities Litigation, Derivative Actions, and Corporate Governance with William Sullivan of Paul Hastings Janofsky & Walker and Scott Wolfe of Latham & Watkins at conference sponsored by Corporate Directors Forum (June 2005)
  • Presentation on Corporate Governance after Sarbanes-Oxley with William Lerach of Milberg Weiss Bershad Hynes & Lerach and John Moulton of Deloitte & Touche at conference sponsored by Financial Executives International and Association of Corporate Counsel of America (October 2002)



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