Michael Schimek is an attorney with over 15 years of experience representing corporate officers, shareholders, and businesses in commercial litigation. He has served as lead or co-counsel on numerous cases involving insider trading disputes, securities industry terminations, and commercial contractual disputes. Some representative cases he lists include securing favorable settlements for Nomura in an insurance dispute and defending a CEO against multi-million dollar claims. He provides details of his work experience at various law firms since 2002.

1. 1Michael David Schimek
200 Riverside Boulevard, Apt 32C
New York, NY 10069
(646) 660-1221
EXPERIENCE
Cahill & Gambino, LLP 2007 to 2017 (Of Counsel), New York:
Represented, as lead or co-counsel, numerous corporate officers,
shareholders, employees and businesses in commercial litigation matters
before New York state and federal courts, Financial Regulatory Industry
Authority Arbitration Panels and American Arbitration Association Panels
from case inception through settlement and trial. As counsel, I have
drafted numerous pleadings, prepared expert reports and deposed various
types of experts and factual witnesses, argued dispositive and non-
dispositive motions and secured favorable verdicts for clients. Examples
of substantive matters on which I have served as lead or co-counsel
include insider trading disputes, securities industry terminations, corporate
officer malfeasance claims, and commercial contractual disputes.
Representative cases where I served as lead or co-counsel include:
REPRESENTATIVE
CASES
Nomura Holding America, Inc. v. Allianz Global Risks US Insurance Co.,
1:15-cv-4590, United States District Court, secured confidential settlement
for Nomura relating to claim under business insurance policy issued by
Allianz Global (co-counsel).
Wells Fargo Business Credit, ULC v. Alexander Mortman, et al, 11-
652543, New York Supreme Court, defended Chief Executive Officer
from multi-million dollar claims asserted by Wells Fargo following
collapse of international call center business and secured favorable
settlement of claims without any funds being paid by client Chief
Executive Officer (lead counsel for Chief Executive Officer).
Wells Fargo Advisors, LLC v. Michael Zenick, 10-01994, FINRA, New
York, NY, defended former broker from claims relating to his termination
and attempt by Wells Fargo to recover funds based on client’s
employment with the Company and obtained court judgment vacating
Wells Fargo’s allegations that client was terminated for cause (lead
counsel).
Standard Power, LLC v. Alliance Energy, New York, LLC, 402640/2011,
New York Supreme Court, substituted in for prior counsel and obtained
summary dismissal of plaintiff hedge fund company’s damage claim
against client Alliance Energy, New York based energy company,
resulting from failed sale of Binghamton, New York electric plant facility

2. and thereafter secured a favorable resolution of original multi-million
dollar lawsuit for substantially less than costs of trial (lead counsel).
Fund.com, Inc. v. Advisorshares Investments, LLC, et al., 650321/2012,
defended Chief Executive Officer from allegations by shareholder that he
breached obligations relating to shareholder’s investment in the company
(co-counsel for Chief Executive Officer).
In re Barbara Lawrence, No. 97-11258, United States Bankruptcy Court,
Northern District of New York: secured a no liability judgment after
bench trial for First Albany Company and its corporate officers in multi-
million dollar insider trading case asserted by company shareholders (co-
counsel for corporate defendant Broadpoint Securities Group, Inc.).
Mark Temple v. Banc of America Investment Services, Inc., No 08-00121,
(FINRA) Albany, New York, obtained significant monetary settlement for
former employee in NASD lawsuit against Bank of America for breach of
employment agreement (co-counsel).
Metropolitan Capital Funding, LLC v. Nomura Capital & Credit, Inc.,
No. 603959/07, New York Supreme Court, secured compete dismissal of
thirty-million dollar lawsuit asserted by Metropolitan Capital based on
Nomura Capital’s funding of collateral debt obligations (co-counsel).
Gatten Sadowski, Inc. v. Chauncy Regan, No. 650208/2008, New York
Supreme Court, reached a favorable settlement of breach of contract and
shareholder oppression claims asserted by minority shareholder against
Chief Executive Officer immediately after presenting corporation’s
motion for summary judgment and Bingham McCutchen, LLP v. Gatten,
et al., (AAA), New York, secured favorable settlement for plaintiff
corporate officers in case involving legal malpractice claims asserted
against Bingham McCutchen and counter-claim for breach of contract
based on outstanding legal fees (lead counsel for corporation and
corporate officers).
Borbone v. Accounting and Compliance International, LLC, (AAA)
obtained favorable settlement for shareholder against corporate officers
based on his wrongful termination and breach of employment agreement
(lead counsel).
Doyle, Restrepo Harvin & Robbins, L.L.P.; 2002 to 2006 (Partner),
Houston, Texas: Represented, as lead or co-counsel, real estate investors,
corporate officers, probate estate administrators, and businesses before
numerous state and federal courts from case inception through settlement
and trial. As lead counsel, I deposed many financial, executive, technical
and medical witnesses and had lead counsel responsibility for drafting and

3. presenting discovery motions, expert reports, motions to dismiss and
summary judgment motions. Some substantive matters on which I have
served as counsel include cases involving environmental contamination,
corporate shareholder lawsuits, executive employment disputes, probate
estate disputes, and real estate development fraud. Representative cases
where I served as lead or co-counsel include:
REPRESENTATIVE
CASES
Eric Yollick, dependent administrator of the Estate of Herbert Clinton
Sisco, et al. v. Anderson Columbia, No. 98-08-02957, Montgomery
County, Texas: secured $900,000 settlement for probate estate
administrator’s chemical contamination claims against environmental
remediation companies (lead counsel).
Mahendra Patel v. Snehal Patel, et al., No. 02-60993, Harris County,
Texas: reached favorable confidential settlement during trial for corporate
executives sued by shareholder for alleged breaches of fiduciary duties
and served as lead counsel in subsequent sale of business to outside
investor (lead counsel).
Boots & Coots, International Well Control: favorably resolved for oil field
services company multiple commercial litigation matters, involving in
excess of $20 million dollars in alleged damages, relating to breaches of
fiduciary duty by corporate executives, breach of employment contracts,
and breach of oil field services agreements, e.g. Larry Alpert, et. al. v.
Boots & Coots International Well Control, No. 05-16122, Harris County,
Texas, Calicutt, et al. v. Ramming, et al., No. 99-49266A, Harris County,
Texas; Boots & Coots International Well Control v. McCloskey, et al., No.
04-29875, Harris County, Texas; and Boots & Coots International Well
Control, Inc. v. Oil India, Ltd. (lead counsel).
Scott Thompson vs. Compaq Computer Corp., No. H-98-1825, United
States District Court for the Southern District of Texas: obtained six figure
settlement for corporate executive in employment action against Compaq
Computer (co-counsel).
Baker v. Campbell, et al., No. 02-65419, Liberty Texas: successfully
resolved for estate beneficiary legal dispute with trustee’s mismanagement
of $25 million estate. (co-counsel).
Rodeo Palms Residential Development Project: resolved pre-litigation
physician group’s multi-million dollar commercial dispute with real estate

4. developer and assisted with eventual sale of real estate property (co-
counsel).
Avanti Consulting, Inc. and Neftegas-Impex v. Citibank, N.A., No. H-98-
37793, Harris County, Texas: secured dismissal of Russian gas company’s
$200 million dollar lost profits claim against Citibank relating to financing
of mini-refinery project in Siberia, Russia (co-counsel).
Briar Capital, et al. v. Steve Rosencranz, No. 05-41106, Harris County,
Texas: secured favorable and confidential settlement for Chief Executive
Officer against company for breach of employment and shareholder
agreements (co-counsel).
Hackerman, Peterson, Frankel & Manela, L.L.P.; 1998 to 2002
(Associate), Houston, Texas: Represented investors, corporate officers,
probate estates, and businesses before state and federal courts and
arbitration panels from case inception through settlement or trial. My
representation has included such tasks as deposing and defending at
depositions, hearings and trial corporate executives, business employees,
shareholders, physicians, experts and individuals, and responsibility for
presenting dispositive motions and numerous pre-trial matters to Texas
federal and state courts and arbitration panels. A representative list of
legal matters on which I have served as either lead or co-counsel include
the following:
REPRESENTATIVE
CASES
Coan, as Trustee for AroChem, International v. Ernst & Young, No. H-94-
3930, United States District Court for the Southern District of Texas:
secured complete dismissal of hundred million lawsuit by energy trading
company AroChem against Ernst & Young for professional accounting
services provided to the bankrupt company (co-counsel).
Zapata Corp. et al. v. B.T. Alex Brown, No. 95-26579, Harris County,
Texas: secured favorable and confidential settlement of $200 million
dollar lawsuit by corporate officers and investors after district court judge
represented at summary judgment hearing the case would likely be
dismissed (co-counsel).
Mills v. Lagavardian: (American Arbitration Association), Houston,
Texas: reached confidential settlement of multi-million dollar business
dispute between shareholders and corporate executives (lead counsel).

5. Beck Redden & Secrest, L.L.P.; 1996 to 1998 (Associate), Houston,
Texas: Researched legal issues, prepared and filed legal pleadings,
deposed fact and expert witnesses, represented clients at hearings,
depositions and mediations. Some representative cases include:
REPRESENTATIVE
CASES
Bill Moore v. Deloitte & Touche, No. 96-620086, Harris County, Texas –
represented Deloitte & Touche against claims filed by a former client for
negligent tax advice, which settled for a confidential amount (co-counsel).
James Wilson v. Baker & McKenzie, No. 97-42528, Harris County, Texas
– represented Baker & McKenzie in the defense of a million dollar lawsuit
involving a business transaction with a legal recruiting firm, which settled
for a confidential amount (co-counsel).
Pilgrim Dry Cleaners, et al. v. R.R. Street Corp., No. 95-57005, Harris
County, Texas – represented Dow Chemical Corporation against multi-
million dollar contamination lawsuit filed by largest dry-cleaning
company in Houston, Texas, which settled for a confidential amount (co-
counsel).
United States District Court for the Western District of Texas; 1994 to
1996 (Law Clerk): Researched and drafted orders for federal district court
involving commercial, employment, procedural, constitutional and
criminal matters.
EDUCATION
Texas A&M University, BBA, magna cum laude, top 5%, 1990.
Baylor University, Doctor of Juris Prudence, with honors, top 5%, 1994, Law Review, Lead
Articles Editor, 1993-94.
MEMBERSHIPS
Special Olympics Committee (Attorney Committee), Houston Volunteer Lawyers Program
(Committee), and New York State Bar Rules Committee.

6. Beck Redden & Secrest, L.L.P.; 1996 to 1998 (Associate), Houston,
Texas: Researched legal issues, prepared and filed legal pleadings,
deposed fact and expert witnesses, represented clients at hearings,
depositions and mediations. Some representative cases include:
REPRESENTATIVE
CASES
Bill Moore v. Deloitte & Touche, No. 96-620086, Harris County, Texas –
represented Deloitte & Touche against claims filed by a former client for
negligent tax advice, which settled for a confidential amount (co-counsel).
James Wilson v. Baker & McKenzie, No. 97-42528, Harris County, Texas
– represented Baker & McKenzie in the defense of a million dollar lawsuit
involving a business transaction with a legal recruiting firm, which settled
for a confidential amount (co-counsel).
Pilgrim Dry Cleaners, et al. v. R.R. Street Corp., No. 95-57005, Harris
County, Texas – represented Dow Chemical Corporation against multi-
million dollar contamination lawsuit filed by largest dry-cleaning
company in Houston, Texas, which settled for a confidential amount (co-
counsel).
United States District Court for the Western District of Texas; 1994 to
1996 (Law Clerk): Researched and drafted orders for federal district court
involving commercial, employment, procedural, constitutional and
criminal matters.
EDUCATION
Texas A&M University, BBA, magna cum laude, top 5%, 1990.
Baylor University, Doctor of Juris Prudence, with honors, top 5%, 1994, Law Review, Lead
Articles Editor, 1993-94.
MEMBERSHIPS
Special Olympics Committee (Attorney Committee), Houston Volunteer Lawyers Program
(Committee), and New York State Bar Rules Committee.