Chairman and CEO of the Firm, Mike has represented clients in trials and arbitrations under Sarbanes-Oxley, Title VII, the Age Discrimination in Employment Act, the Equal Pay Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act, and their state counterparts. He also has prosecuted and defended common law claims arising out of employment relationships, including wrongful termination, constructive discharge, retaliation, defamation, fraud, and breach of contract. Mike has extensive experience mediating employment-related claims. He successfully obtained a defense verdict and then a plaintiff’s verdict in two unrelated jury trials under the Sarbanes-Oxley whistleblower protections. Like many Rubin Fortunato lawyers, Mike also has extensive experience litigating restrictive covenant and trade secret matters.
Mike received his undergraduate and law degree from The Catholic University of America in Washington, DC. He has received an AV rating from Martindale-Hubbell, and has been a featured speaker at Pennsylvania and American Bar Association events regarding restrictive covenants, trade secrets, Sarbanes-Oxley, employment law and trial practices, witness preparation, ethics, and mediation and arbitration advocacy.
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After a five-day federal court trial, obtained complete defense verdict in Title VII and PHRA sex discrimination and retaliation case by demonstrating that the plaintiff failed to prove that she ever complained about prohibited conduct or conduct that she could have reasonably believed was prohibited.
Kropf v. Temple University Health System, Inc. et al, Case 2:19-cv-00971-CFK (E.D. Pa, November 29, 2021)(Kenney, J.)
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Obtained defense award in arbitration on challenge to a non-competition agreement and on claims of tortious interference and breach of contract.
Alford v. Amgen, AAA Case No. 01-18-0003-7476, Nashville, TN (2020)
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Obtained dismissal of former employee/doctor’s race and national origin discrimination, retaliation, hostile work environment, defamation, and contract claims in federal court. Summary judgment, as well as all post-trial motions, affirmed on appeal.
Mandalapu v. Temple University Hosp., No. 19-2854, 3d Cir. (March 5, 2020)
Mandalapu v. Temple University Hosp., 786 F. App’x 348 (3d Cir. 2019)
Mandalapu v. Temple University Hosp., No. 15-5977, E.D. Pa. (2018)
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Obtained temporary restraining order against a former senior executive, preventing him from testifying against his former employer as an expert witness in breach of a post-employment cooperation clause.
C&S Wholesale Grocers, Inc., et al. v. Matthew Saunders, No. 17-1943, E.D. Pa. (2017)
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Obtained jury verdict for the defense in former employee’s Title VII and FMLA trial in federal court. Jury verdict and court’s pre-trial dismissal of claims affirmed on appeal. EEOC submitted amicus curiae brief in support of former employee.
Betz v. Temple University Health Systems, Inc., No. 16-1423, 3d Cir. (2016)
Betz v. Temple University Health Systems, Inc., No. 15-00727, E.D.Pa. (2016)
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Successfully defended former employee’s $2.5 million defamation claim in arbitration.
Swinney v. Merrill Lynch, FINRA-DR No. 11-02004, Baltimore, MD (2012)
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Successfully defended compensation and contract claims in a federal court jury trial.
O’Donnell v. Mattern & Associates, et al., No. 10-06720, E.D.Pa. (2012)
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Successfully defended former employee’s $1 million contract, conspiracy, wage, and retaliation claims in arbitration.
Genoni v. Merrill Lynch, et al., FINRA-DR No. 11-02680, Philadelphia, PA (2012)
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U.S. Court of Appeals for the Third Circuit reinstated and confirmed arbitration award on contract claim against former employee, awarding $544,244 to our client.
Merrill Lynch v. Schwarzwaelder, No. 11-2605, 3rd Cir. (2012)
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Obtained dismissal of a student’s complaint alleging discrimination and due process violations on behalf of all defendants in federal court.
Osei v. Temple University, et al., No. 10-2042, E.D.Pa. (2011)
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Obtained $4.6 million in compensatory damages and successfully defended multiple claims by former employees, including breach of contract, wrongful termination, and unfair and deceptive trade practices claims in arbitration.
Merrill Lynch v. Choy, Kinney, and Wo, FINRA-DR No. 09-06111, Honolulu, HI (2011)
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Successfully defended former employee’s $17.5 million breach of contract, defamation, and unfair competition claims in arbitration.
Sech v. Merrill Lynch, et al. v. UBS, FINRA-DR No. 09-01374, Cincinnati, OH (2010)
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Obtained $440,000 in compensatory damages and successfully defended former employee’s claims of breach of contract and fraudulent inducement in arbitration.
Merrill Lynch v. Matheson, FINRA-DR No. 10-00008, Boca Raton, FL (2010)
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Successfully defended former employee’s Form U-5 expungement claim in arbitration.
Dotson and Wood v. Merrill Lynch, FINRA-DR No. 09-03629, New York, NY (2010)
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Obtained defense verdict on former employee’s claims of defamation and tortious interference with economic relations in arbitration.
Scherr v. Merrill Lynch, FINRA-DR No. 08-00928, Baltimore, MD (2009)
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Successfully defended lower court’s decision refusing to vacate successful arbitration award in the Ninth Circuit Court of Appeals.
Knight v. Merrill Lynch, No. 08-16024, 9th Cir. (2009)
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Obtained defense verdict on former employee’s defamation, intentional interference with contracts, conspiracy, and breach of agreement claims in arbitration.
Owen v. Merrill Lynch, AAA No. 71 160 M 0047107, Dallas, TX (2008)
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Obtained arbitration award of over $1.4 million on breach of contract claim. Successfully defended former employee’s multimillion dollar counterclaims. Obtained confirmation of award in court.
Merrill Lynch v. Elinsky v. Botte, et al., FINRA-DR No. 05-01212, Philadelphia, PA (2008)
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Obtained jury verdict for over $172,000 on breach of contract and trade secret claims in federal court.
Mattern & Associates v. Seidel, No. 06-36-SLR, D.Del. (2008)
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Obtained jury verdict of $1.7 million for employee under Sarbanes Oxley Act and Pennsylvania public policy in federal court.
Feliciano and Innovative Media Machine v. Parexel International and Barnett International, No. 4-3798, E.D.Pa. (2008)
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Obtained defense verdict on former employee’s claims of breach of contract, promissory estoppel, unjust enrichment, conversion, and fraud in the inducement in arbitration.
Carey v. Merrill Lynch, et al., JAMS No. 1340006294, Cleveland, OH (2008)
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Obtained jury verdict for the defense on Sarbanes Oxley Act claims in federal court.
Blagrave v. Nutrition Management, et al., 2008 U. S. Dist. LEXIS 52404, Philadelphia, PA (2008)
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Successfully defended former employee’s breach of implied contract, misappropriation, unfair competition, unjust enrichment, and defamation claims in arbitration.
Murphy v. Merrill Lynch, FINRA-DR No. 05-02481, New York, NY (2007)
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Obtained defense verdict in arbitration on former employee’s claims of fraudulent inducement, breach of contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment.
Harding v. Merrill Lynch, NASD-DR No. 05-05656, Cleveland, OH (2007)
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Successfully defended former employee’s slander claim and successfully prosecuted counterclaim for breach of post-employment restrictive covenants in arbitration.
Divietro v. Merrill Lynch, FINRA-DR No. 06-03674, Tampa, FL (2007)
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Obtained defense verdict in arbitration on former employee’s wrongful termination, breach of contract, and compensation claims.
Becker v. Merrill Lynch, FINRA-DR No. 06-02824, Newark, NJ (2007)
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Obtained defense verdict in arbitration on former employee’s claims of breach of covenant of good faith and fair dealing, fraud, promissory estoppel, and wrongful termination.
Underwood v. Merrill Lynch, et al., NASD-DR No. 04-02774, San Francisco, CA (2006)
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Obtained defense verdict in arbitration on former employee’s claims of abuse of Form U-5, defamation, tortious interference with business relationships, breach of contract, and breach of industry standards of commercial honor and principals of trade.
Slater v. Merrill Lynch, et al., NASD-DR No. 05-04072, Newark, NJ (2006)
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Obtained defense verdict in arbitration on former employee’s claims of fraud, constructive fraud, negligent misrepresentation, negligence, and intentional interference with prospective economic advantage.
Purdy v. Merrill Lynch, NASD-DR No. 03-07997, Salt Lake City, UT (2004)
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Successfully defended former employee’s wrongful termination claim in arbitration.
O’Connor v. Merrill Lynch, FINRA-DR No. 03-00001, Cincinnati, OH (2004)
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Obtained defense verdict in arbitration on former employee’s claims of class-wide and individual sex discrimination, sexual harassment, pregnancy discrimination and retaliation under Title VII, violations of the Family and Medical Leave Act, breach of contract, negligent retention of unfit supervisor, emotional distress, defamation, and tortious interference.
Merrill Lynch v. Adcock, 176 F.R.D. 539; 1997 U. S. Dist. LEXIS 10010, N.D.Ill (2004)
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Obtained defense verdict in arbitration on former employee’s claims of breach of implied covenant and fraudulent and negligent misrepresentation.
Frisbee v. Merrill Lynch, AAA No. 12 M 160 00536 03, Missoula, MT (2004)
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Obtained jury verdict for the defense in federal court on former employee’s age discrimination claim.
Mullett v. Merrill Lynch, No. 01-CV-2118, E.D.Pa. (2003)
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Obtained $75,000 in damages against former employee for breach of restrictive covenants and successfully defended counterclaims for fraud, breach of implied covenant of good faith and fair dealing, and misrepresentation.
Merrill Lynch v. Moore and Dain Rauscher, NASD-DR No. 01-02012, Phoenix, AZ (2003)
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Obtained defense verdict in arbitration on former employee’s claims of interference with business relations and intentional infliction of emotional distress.
Mazur v. Merrill Lynch, et al., NASD-DR No. 01-01586, Chicago, IL (2003)
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Obtained defense verdict in arbitration on former employee’s and spouse’s claims under the Gramm-Leach-Bliley Act (privacy), breach of contract, and tortious interference.
Engel v. Merrill Lynch, et al., NASD-DR No. 02-04260, New York, NY (2003)
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Obtained arbitration award of over $425,000, including attorney’s fees, on breach of contract claim against former employee and successfully defended counterclaims of breach of contract, unjust enrichment, conversion, statutory theft, and failure to pay wages.
Merrill Lynch v. Briggs, NASD-DR No. 01-03736, New York, NY (2002)
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Obtained defense verdict in arbitration on former employees’ age discrimination, constructive discharge, retaliation, wrongful termination, deceptive trade practices, tortious interference with business relations, and whistleblower claims.
Merrill Lynch v. Berry and Spencer, FINRA-DR No. 01-02983, Cleveland, OH (2002)
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Obtained defense verdict in arbitration on former employee’s claims of wrongful and abusive discharge, tortious interference with existing and prospective economic advantage, and defamation.
Carpenter v. Merrill Lynch, et al., NASD-DR No. 00-44526, Philadelphia, PA (2002)