Attorneys
Michael J. Fortunato Shareholder
Contact
- .(JavaScript must be enabled to view this email address)
- T: 610.408.2005
- F: 610.854.4305
Education
- The Catholic University of America (B.A., 1987)
- The Catholic University of America (J.D., 1990)
Practice Focus
- Restrictive Covenants and Trade Secrets
- Hiring from the Competition
- Employment Litigation - Employers
- Employment Litigation - Individuals
- Employment Counseling - Employers
- Employment Counseling - Individuals
- Employment and Related Agreements
Admitted to Practice
- Pennsylvania, 1990
- US District Court, Eastern District of Pennsylvania, 1990
- New York, 2007
- US Court of Appeals, Sixth Circuit, 1994
- US Court of Appeals, Third Circuit, 1995
- US District Court, Central District of Illinois, 1995
- US Court of Appeals, Seventh Circuit, 1997
- US Supreme Court, 2000
Michael Fortunato chairs the Employment Practices Group. Mr. Fortunato represents clients nationwide with respect to the federal, state, and local laws that govern today's workplace. He 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. In addition to his numerous appearances in arbitrations and in federal and state courts throughout the country, Mr. Fortunato has extensive experience mediating employment-related claims. In 2008, Mr. Fortunato successfully obtained a defense verdict and then a plaintiff’s verdict in two unrelated jury trials under the Sarbanes-Oxley whistleblower protections.
Speaking Engagements
- Pennsylvania Bar Institute, 17th Annual Employment Law Institute, "The Public Policy Exception to the At-Will Doctrine: Is PA the New California?" (2011)
- Pennsylvania Bar Institute, 16th Annual Employment Law Institute, "Legally Stealing Talent From Your Competitors" (2010)
- Pennsylvania Bar Institute, 15th Annual Employment Law Institute, "Whistleblower Retaliation Claims Under Sarbanes-Oxley" (2009)
- Pennsylvania Bar Institute, 14th Annual Employment Law Institute, "The Care & Feeding of Witnesses" (2008)
- 4th Annual Alternative Dispute Resolution Institute, "Effective Advocacy In Commercial Arbitration" (2008)
- American Bar Association, The Second Annual Arbitration Training Institute - A Comprehensive Training in Commercial Arbitrations, "Advocacy In Arbitration" (May 2005)
Practice Highlights
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. Carl E. Choy, Lynne R. Kinney, and Ronald C. Wo, FINRA Dispute Resolution No. 09-06111, Honolulu, Hawaii (2011) (Obtained $4.6 million in compensatory damages and successfully defended multiple claims by respondents, including breach of contract, wrongful termination, unfair and deceptive trade practices)
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. Eric Matheson, FINRA Dispute Resolution No. 10-00008, Boca Raton, Florida (Obtained $440,000 in compensatory damages and successfully defended respondent claims of breach of contract and fraudulent inducement)
- Sech v. Merrill Lynch, Pierce, Fenner & Smith Inc., Evelo, Singer, and Sullivan v. UBS, FINRA Dispute Resolution No. 09-01374, Cincinnati, Ohio (2010) (successful defense of $17.5 million breach of contract, defamation, unfair competition claim)
- Robert Wood/Lloyd Dotson v. Merrill Lynch, Pierce, Fenner & Smith Inc., FINRA Dispute Resolution, No. 09-03629, New York, NY (2010) (successful defense verdict of employment claims)
- Robert Knight v. Merrill Lynch, Pierce, Fenner & Smith Inc., No. 08-16024 (9th Cir. 2009) (argued October 8, 2009) (affirmed lower court decision refusing to vacate successful arbitration award)
- H. Scott Scherr v. Merrill Lynch, Pierce, Fenner & Smith Inc., FINRA Dispute Resolution, No. 08-00928, Baltimore, Maryland (2009) (successful defense verdict of employment claims)
- Mattern & Associates, LLC v. John Seidel, United States District Court, District of Delaware, No. 06-36-SLR, Wilmington, DE; (2008) (Jury Verdict for over $172,000 on breach of contract and trade secret claims)
- Oswaldo Feliciano and Innovative Media Machine, Inc. v. Parexel International and Barnett International, United States District Court for the Eastern District of Pennsylvania, Civil Action No. 4-3798, Philadelphia, PA (2008) (Jury verdict of $1.7 million under Sarbanes Oxley & PA public policy)