Attorney Mike Bixby | Levin Papantonio

Attorney Profile

Attorney Michael Bixby

Michael Bixby

Levin Papantonio

316 South Baylen St.

Pensacola, FL 32502

 

Michael Bixby focuses his practice on representing customers and investors in securities and investment fraud litigation. He has successfully represented hundreds of investment fraud victims around the country in a variety of forums including arbitrations, and state and federal courts. Mr. Bixby takes pride in fighting to achieve justice for his clients through litigation, mediation, or trials and arbitrations.

He also has experience handling class actions, products liability claims, complex commercial, business, and breach of contract disputes, whistleblower and qui tam litigation, interpleader matters, and personal injury claims.

Mr. Bixby’s broad experience in securities and investment fraud cases includes representing clients in claims involving suitability, overconcentration, failure to supervise, breach of fiduciary duty, lack of due diligence, fraud, selling away, sale of unregistered securities, and ERISA 401(k) and retirement plan litigation. He has also represented clients in claims involving bonds, bond funds, stocks, private placements, non-traded Real Estate Investment Trusts (REITs), direct participation programs, Limited Partnerships (LPs) and Master Limited Partnerships (MLPs), Exchange-Traded Funds (ETFs) and inverse and leveraged ETFs, and insurance products, among others.

 

Representative Cases

  • $1.16+ Million Arbitration Verdict as sole trial counsel in a complex Non-Conventional Investments case involving non-traded REITs, Equipment Leasing Direct Participation Programs, and Limited Partnerships (including Oil & Gas LPs). The verdict included compensatory damages, punitive damages, attorney’s fees, and costs against Berthel Fisher & Company Financial Services, Jerry McCutchen, and the Control Persons/Executives of Berthel Fisher in Trawick, et al. v. Berthel Fisher, et al. (FINRA No. 17-01368). Review of the available FINRA database as of July 2019 indicates that this is the largest customer verdict to date ever obtained against Berthel Fisher in a FINRA Arbitration.
  • $19+ Million Arbitration Verdict against UBS Financial Services, Inc. in Moyett, et al. v. UBS Financial (FINRA No. 15-01833) (Unanimous Arbitration Award for over $19 million resulting in a Recovery of Full Well-Managed Portfolio Damages, Attorney’s Fees, and Costs)
  • $3.5+ Million Judgment Against Financial Advisor and Related Company in Kessler v. Ball, Case No. 2015-CA-000813, Escambia County Circuit Court (Judgment in excess of $3.5 million in Securities Fraud and Civil Theft claims) Per Curium Affirmed by the First District Court of Appeal in No. 1D18-1653.
  • $1.16+ Million Judgment on Securities Fraud Claims in Pennington v. Four Kings Club, et al. (Civ. Action No. 2014-CA-004440 – Okaloosa County Circuit Court)
  • $959,000 Judgment against former Financial Advisor in Scheet, et al. v. James Young (Civ. Action No. 2016-CA-000001 – Escambia County Circuit Court)
  • $363,000 Arbitration Verdict Against UBS Financial Services, Inc. in De Jesus, et al. v. UBS Financial, et al. (FINRA No. 14-02995) (Unanimous Arbitration Award for a Recovery of Full-Well Managed Portfolio Damages, Attorney’s Fees, and Costs)
  • $470,000 Arbitration Verdict against UBS Financial Services, Inc. in Ramos, et al. v. UBS Financial, et al. (FINRA No. 14-03016) (Unanimous Arbitration Award including the recovery of compensatory damages, attorney’s fees, and costs)
  • ERISA 401(k) Retirement Plan Class Action in McLain, et al. v. Emerald Coast Eye Institute, et al. (N.D. Fla. Civ. Action No. 3:16-CV-502) (Achieved class certification and a favorable class settlement on behalf of a small retirement plan).
  • Interpleader Matter Involving American General Life Insurance Co. (M.D. N.C. Civ. Action No. 1:17-CV-00713) (Achieved recovery of the entirety of interpleaded funds, representing over $500,000, for his client).
  • Interpleader matter involving Jackson National Life Insurance Co. (N.D. Fla. Civ. Action No. 3:16-CV-00622) (Recovery of the entirety of interpleaded funds for his client).
 

Bar Admissions:

  •  Florida
 

Education:

  • Wake Forest University School of Law, J.D.
    Honors: 41st Annual George K. Walker Moot Court Competition Champion
    Honors: Philip C. Jessup International Law Moot Court Team Captain
    Honors: Wake Forest Journal of Law & Policy, Senior Editor
    Honors: Wake Forest University Trial Bar, President
    Honors: Wake Forest University Moot Court Board Member
    Honors: American Bar Association’s National Appellate Advocacy Competition, Regional Finalist
 
  • Bob Jones University, B.A. Political Science
    Honors: Cum Laude
    Honors
    : National Debate Champion, National Educational Debate Association
    Honors: President, Phi Kappa Pi
    Honors: Vice-President, Inter-Society Debate Association
 

Professional Associations and Memberships:

  • Public Investors Arbitration Bar Association
  • Florida Bar
  • Florida Justice Association
  • American Association of Justice
  • Escambia-Santa Rosa Bar Association