Michael J. Kahn

Michael Kahn is a litigation partner in the San Francisco office of Gibson Dunn. Michael’s practice focuses on securities litigation, including securities class actions and derivative suits. Michael represents clients at all stages of a company’s lifecycle, from defending established public companies against Exchange Act claims, to defending newly public companies against suits under the Securities Act, to prosecuting and defending private company shareholder disputes. He has crafted winning arguments in many complex securities actions, including for Slack in the U.S. Supreme Court’s 9-0 opinion in Slack Technologies v. Pirani. Michael also represents clients facing SEC investigations, and as both plaintiffs and defendants in a broad range of commercial litigation.

Recent matters

• Obtained unanimous Supreme Court win for Slack in the first securities suit relating to going public through a direct listing. See Slack Technologies, LLC v. Pirani, No. 22–200 (plaintiffs suing under Section 11 of the Securities Act must “trace” their shares to the registration statement they claim is misleading).
• Defending Meta (Facebook) in securities class action and multiple derivative lawsuits arising out of news of Cambridge Analytica’s misappropriation of user data
• Defending HP in securities class action regarding its printer supplies business, and successfully resolved a similar class action on appeal after winning a motion to dismiss
• Defending founders of SmileDirectClub in securities class actions arising out of the company’s IPO
• Defending Wish (ContextLogic) in securities and derivative litigation relating to its IPO, and successfully dismissed separate derivative suit alleging oversight failures by Board
• Defending Caribou Biosciences in securities litigation
• Defending loanDepot in securities and derivative litigation relating to its IPO
• Defending venture capital firm against claim that it controlled Zymergen at the time of its IPO
• Defending sports and entertainment clients in class actions claiming they promoted crypto products for FTX
• Successfully dismissed fraud claims against a crypto company relating to the creation and marketing of its token

In his pro bono practice, Michael represented a death row inmate in the successful reversal of his conviction and death sentence after proving that juror misconduct corrupted client’s trial. He also successfully vacated another client’s felony conviction on constitutional grounds. Additionally, Michael played a lead role in working with a civil rights organization to draft a report on police reform.

Outside of his legal practice, Michael serves on the board of the JCC of the East Bay.

Michael received his Juris Doctor from New York University School of Law in 2012, where he was a Robert McKay scholar. He received his undergraduate degree from the University of California, Berkeley in 2009, where he graduated with High Honors in History and High Distinction in General Scholarship, and was elected to Phi Beta Kappa.

Michael is admitted to practice in California and New York.

Capabilities

• Securities Litigation
• Class Actions
• Litigation
• Technology Litigation

Credentials

Education:

• New York University - 2012 Juris Doctor
• University of California, Berkeley - 2009 Bachelor of Arts

Admissions:

• California Bar
• New York Bar