Education
College of William & Mary, Marshall-Wythe School of Law, J.D. 1981
University of Virginia, B.A. 1975
Bar Admissions
State
Virginia (1981)
District of Columbia (1985)
Federal
United States Supreme Court
U.S. Court of Appeals
— Second Circuit
— Fourth Circuit
— District of Columbia Circuit
— Federal Circuit
U.S. District Court
— Eastern District of Virginia
— Western District of Virginia
— District of Columbia
— Northern District of New York
— Western District of New York
Partner (retired)
Email: mholm@islerdare.com
Mike Holm is a veteran trial lawyer who represents businesses in bet-the-company cases involving corporate governance issues and other unfair business practices. As lead counsel, Mike has tried over 40 cases involving derivative claims of breach of fiduciary duty, theft of corporate opportunity, business conspiracy, partnership and corporate dissolutions and accounting claims, minority stockholder oppression, interference with contract, conversion of corporate assets, trade secret misappropriation, construction delay claims, environmental regulatory issues, securities fraud, breach of contract, torts and other business related matters. Numerous other litigation matters have included pre-merger shareholder actions, post-merger disputes, civil RICO, federal constitutional claims, federal and state environmental regulations, covenants not to compete, trademark and copyright infringement, and the defense of cases involving violations of the False Claims Act. Most of his cases have been in federal courts, particularly the Eastern District of Virginia or “Rocket Docket” as it is well known.
Over the last decade, electronic discovery has changed the face of business litigation. Mike offers his clients in-depth experience in e-discovery including matters relating to document preservation and retention, litigation holds and spoliation.
In the real estate context, Mike has tried cases involving public/private streets, specific performance of real estate contracts and other contractual disputes. He also has litigated matters involving easements, zoning disputes and condemnation matters. Several of these cases were successfully handled at the appellate stage.
Mike also has an extensive appellate practice, having briefed and argued dozens of appeals before the Second, Fourth, District of Columbia and Federal Circuit Courts of Appeals and the Supreme Court of Virginia, among others. Mike is a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit.
In addition to his litigation practice, Mike has conducted internal corporate investigations and has represented clients in matters involving the valuation and buyout of minority interests in closely-held corporations and limited liability companies.
In 2015, Mike was selected to become a Fellow of the Litigation Counsel of America, a trial lawyer honorary society whose membership is limited to less than one-half of one percent of North American lawyers, judges and scholars.
Professional and Community Involvement
Bar Associations
Federal Bar Association
Fairfax Bar Association
Virginia Bar Association
Board Memberships
Hopkins House, 1995-2006
— Board of Trustees
St. Paul's Episcopal Church
— Vestry, 2002-2005
Agenda: Alexandria, 1998-2000
— Founder and President
Alexandria Chamber of Commerce, 1991-1994
— Vice Chairman, Governmental Affairs Division
Alexandria Chamber of Commerce, 1989-1994
— Director
American Heart Association, 1993-1994
— Director, Alexandria Unit
Alexandria Symphony Orchestra, 1990-1991
— Director
American Cancer Society, 1983-1987
— Director, Alexandria Unit
Alexandria Republican City Committee, 1988-1992
— Chairman
Northern Virginia Republican Business Forum, 1990-1992
— Chairman, Board of Directors
Northern Virginia Republican Business Forum, 1992-1998
— Chairman, Business Advisory Board
Alexandria Economic Opportunities Commission, 1984-1987
— Member
Honors
Fellow, Litigation Counsel of America
Permanent Member, Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit
AV Preeminent Rated by Martindale Hubbell
Listed among The Best Lawyers in America® for Commercial Litigation, 2013–2021
Recognized in Benchmark Litigation as a “Local Litigation Star” in Virginia, 2014, 2016, 2017 & 2018
Recognized in the Corporate Counsel Edition of Super Lawyers magazine for Business Litigation, 2008
Listed as a Washington, D.C. Super Lawyer by Law & Politics magazine for Business Litigation, 2007, 2013–2015, 2017-2018
Named a Virginia Super Lawyer for Business Litigation, 2006, 2012–2018
Appointed by Governor of Virginia to Advisory Committee for the Virginia Commission on Prison and Jail Overcrowding, 1989
Appointed by Chief Justice of Virginia Supreme Court to a committee to study the regulation of Court Reporters in Virginia, 2007
Publications
Editor, Federal Civil Procedure in Virginia, Virginia CLE Publications, 2016
Intentional Misconduct Could Nullify Damages Limitations Clauses in Commercial Contracts, Article, July 2009
Your Company's Database Passwords Are Not Trade Secrets, Alert, June 17, 2009
Employees Who Take Proprietary Data May Violate the Federal Computer Fraud and Abuse Act, Alert, March 11, 2009
So You Think They Got Your Secrets?, Article, Legal Times, October 23, 2006
Special Problems Related to Condominium Construction Litigation, Article, 42 Wash & Lee L. Rev. 405, Spring 1985
REPRESENTATIVE EXPERIENCE
In re Paramount Gold and Silver Corp. Stockholders Litigation, Consolidated, Delaware Chancery Court, C.A. No. 10499-VCN, defending public mining exploration company and its directors in consolidation of stockholder class actions alleging breach of fiduciary and claims company failed to disclose sufficient information in proxy statement.
Beninati v. Borghi, 2014 WL 4439447, (Mass. Sup. Ct., 2014), obtained seven-figure judgment and attorneys fees following four-week trial involving claims of usurpation of corporate opportunity, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty related to a group of New England health clubs.
Corinthian Mortgage Corp. v. Summit Financial, LLC., et al., (Circuit Court of Fairfax County, Virginia, Chancery No. 187513), Lead plaintiffs counsel in business conspiracy case by direct mail mortgage company against nine former employees and family of corporations that, along with former employees, established a competing business. Suit involved claims of breach of fiduciary duty, tortious interference with prospective economic advantage and violation of the Virginia Business Conspiracy Act (Va. Code § 18.2-500). During the case, the trial court made findings or entered orders: (1) finding spoliation of electronic and paper files; (2) granting an adverse inference instruction against one individual defendant; and (3) finding that, by their conduct, the individual defendants had waived the attorney-client privilege and work product protection as to their representation by prior counsel regarding discovery responses and other matters. Case settled in 2007 for payment of $10.5 million by defendants.
Feddeman and Company CPA v. Langan Associates, P.C., 260 Va. 35, 530 S.E.2d 668 (2000). Lead counsel for plaintiff in action by accounting firm against former officers, directors and employees as well as a rival accounting firm for breach of fiduciary duty, tortious interference with contract and violation of the Virginia Business Conspiracy Act. After a six day trial, jury returned verdict against all defendants for $3.3 million. Rather than treble the damages, the trial judge set aside the verdict. Reinstated by unanimous opinion of the Virginia Supreme Court.
In re Hanes, 214 B.R. 786 (Bankr. E.D.Va. 1997), rev’d on appeal in unpublished opinion by Judge Albert V. Bryan, Jr. (E.DVa., July 29, 1998), judgment for plaintiff on remand (Bankr. E.DVa., June 1, 1999). Lead plaintiffs counsel in suit by executrix of mother’s estate against her brother for defalcation and against large New York law firm for legal malpractice. After twice being dismissed and reversed on appeal, case was tried over two week period. Subsequently, Bankruptcy judge entered judgment for defendants in published opinion. Reversed for third time on appeal and on remand Bankruptcy judge entered judgment for plaintiff against brother for $4.1 million and against law firm for over $15 million, including interest.
Successfully defended a generic drug manufacturer in a multi-week arbitration against claims brought by minority shareholders who sought approximately $42 million in damages for breaches of a shareholders agreement relating to securities registration and claims involving product development issues.
Successfully tried and litigated numerous suits alleging breaches of fiduciary duty and other corporate governance claims involving closely held corporations or LLCs.
Obtained favorable settlement in defense of company acquired by private equity fund and its directors against shareholder suit alleging inadequate disclosures, inadequate price and self-dealing.
Defended Delaware corporation located in Virginia that was sued post-merger by acquiring company alleging violations of representations and warranties in merger agreement.
Vanguard Research, Inc. v. PEAT, Inc., 304 F.3d 1249 (Fed. Cir. 2002). Represented plaintiff in action filed in Northern District of Alabama asking court to declare patent invalid or, alternatively, not infringed by plaintiffs conduct. The trial judge converted a Rule 12 Motion to Dismiss into one for Summary Judgment, held that the Court lacked subject matter jurisdiction in that there was no case or controversy and dismissed the case with prejudice. Reversed on appeal on basis that a justiciable controversy existed and remanded for trial.
Professional / Continuing Legal Education Presentations
Virginia CLE: The Rocket Docket: Trying Cases in the Eastern District of Virginia
(Virginia; December 2016)
USLAW Business Litigation Symposium: Litigation Trends in Trade Secret Misappropriation Claims, Breach of Fiduciary Duty and Interference with Contractual Relations
(San Francisco, CA; June 2016)
Virginia CLE: The Rocket Docket: Trying Cases in the Eastern District of Virginia
(Virginia; December 2014)
Shareholder & Member Rights CLE: Management v. The Minority: A Roadmap to Shareholder/Member Disputes
(Fairfax Bar Association; March 2014)
Virginia CLE: The Rocket Docket: Trying Cases in the Eastern District of Virginia
(Virginia; December 2012)
Negotiating the Thicket: Admissibility of Electronic Evidence at Trial, Advanced Business Litigation Institute, Virginia CLE, September 15, 2011
Virginia CLE: The Rocket Docket: Trying Cases in the Eastern District of Virginia
(Virginia; December 2010)
Seminar: How to Protect Your Company From Unfair Business Practices
(January 2011)
American Business Law
(September 2009)
Understanding the Challenges and Solutions in Electronic Discovery
(2008)
Electronic Discovery and Data Retention
(March 2007)
Electronic Discovery: Upcoming Changes to the Federal Rules of Civil Procedure
(2006)
Electronic Discovery: The Cutting Edge Tool for Litigation Cost and Risk Management,
(September 2004)
The Obesity Epidemic
(June 2004)
Forum: Roundtable on Obesity Litigation
(June 2004)
Taking Effective Depositions
(1999)
Taking Effective Depositions
(1998)
Lecturer, Northern Virginia Community College Extended Learning Institute, 1989
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