Michael J. Fortunato

Chairman, CEO

E mfortunato@rubinfortunato.com
P 610.408.2005
F 610.854.4305
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I begin every conversation with a new client with the same question: How can I help you achieve your goals? My focus as a lawyer is to help you achieve YOUR goals. Employment problems and litigation worries are never goals. I lead a team of talented lawyers dedicated to aligning our advice and creative skills to enable your company to eliminate the worries and to focus on your business.


For over three decades, Mike Fortunato has represented clients nationwide with respect to the federal, state, and local laws that govern today’s workplace.

As the senior member of the employment law team and President 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.


Awards and Honors

Speaking Engagements

  • “The E in Email Stands for Evidence: Email Etiquette to Avoid Legal Issues,” Pennsylvania Bar Institute, Employment Law Institute 2019 (April) and A Day on Employment Law (September 2019), presenter
  • “Implicit Bias: Are Good Intentions Good Enough?,” Pennsylvania Bar Institute’s Employment Law Institute 2018, co-presenter
  • “Emerging Issues in Restrictive Covenants and Trade Secrets,” Pennsylvania Bar Institute, program coordinator and co-presenter (2018)
  • “The E in E-Mail Stands for Evidence: Proper Email Etiquette May Avoid Legal Issues,” Continuing Legal Education course presented to Bank of America Corporation (2017)
  • “Cover Your Assets: Protecting Your Confidential Business Information,” Pennsylvania Bar Institute 21st Annual Employment Law Institute, co-presenter (2015)
  • “A Labor & Employment Law Roundtable Discussion,” The Legal Intelligencer (published April 2014)
  • “The Anatomy of a Termination – Legal and Practical Tips for Employers and Employees,” Pennsylvania Bar Institute 20th Annual Employment Law Institute, co-presenter (2014)
  • “Don’t Take A Stand: How to Conduct an Effective and Ethical Investigation Without Becoming a Witness,” Delaware Valley Association of Corporate Counsel, co-presenter (2013)
  • “ADR: Advantages, Disadvantages, and Realities,” Delaware Valley Association of Corporate Counsel, co-presenter (2013)
  • “Litigating the Work Place Investigation,” Pennsylvania Bar Institute 18th Annual Employment Law Institute (2012)
  • “The Public Policy Exception to the At-Will Doctrine: Is Pennsylvania the New California?” Pennsylvania Bar Institute 17th Annual Employment Law Institute (2011)
  • “Legally Stealing Talent From Your Competitors,” Pennsylvania Bar Institute 16th Annual Employment Law Institute (2010)
  • “Whistleblower Retaliation Claims Under Sarbanes-Oxley,” Pennsylvania Bar Institute 15th Annual Employment Law Institute, co-presenter (2009)
  • “The Care & Feeding of Witnesses,” Pennsylvania Bar Institute 14th Annual Employment Law Institute (2008)
  • “Effective Advocacy in Commercial Arbitration,” 4th Annual Alternative Dispute Resolution Institute (2008)
  • “Advocacy in Arbitration,” American Bar Association, The Second Annual Arbitration Training Institute – A Comprehensive Training in Commercial Arbitrations (2005)

Practice Highlights

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