Lawyers

Michael L. Chinitz
Partner

Michael L. Chinitz joined the firm in 1996. Michael’s practice focuses on employment and business litigation, securities industry arbitration, employment law counseling, and the representation of executives in the negotiation of employment and severance agreements. From 2005 through 2009, Michael was selected as a Massachusetts Super Lawyer (top 5% of the Bar) in the field of employment litigation (Defense) and he has been awarded a Martindale-Hubbell AV rating for the past eight years, which is the highest merit rating available.

Michael handles a wide variety of employment disputes in the Massachusetts state and federal courts, before the MCAD and EEOC, FINRA, and in arbitration. He has defended many employment discrimination suits, wage act claims, as well as claims for breach of contract, whistle blowing/retaliation, defamation, and tortious interference.

Michael has an active practice in restrictive covenant and employee raiding litigation. He is New England regional counsel to Morgan Stanley Smith Barney LLC and Banc of America Investment Services, Inc., and other Bank of America affiliates. Michael has extensive injunction experience in court and before FINRA and has litigated issues arising from the Securities Industry’s Protocol for Broker Recruiting. Michael is well versed in a wide range of securities industry issues, including theft of trade secret and employee raiding claims, commission disputes, state wage act claims, promissory note and other compensation disputes, and claims of discrimination and wrongful termination. Michael represents registered securities representatives in NASD/FINRA investigations.

Michael has considerable experience litigating employee restrictive covenant and trade secret cases in state and federal court in numerous industries, including software and high-technology, insurance and mortgage brokerage, and professional recruiting.

Within the area of business litigation, Michael has litigated closely-held corporation and other shareholder disputes, advised shareholders as to their rights and obligations, and has represented clients through business break-ups and stock redemptions. Michael has also litigated a wide array of business disputes, including claims for fraud, professional malpractice, claims under Chapter 93A, and claims arising from real estate and other business ventures and partnerships.

Michael represents policyholders in insurance coverage litigation and counsels them on coverage issues. Michael is currently coverage counsel to CVS/Caremark.

Michael and his wife Karen have three daughters and live in West Newton.

Experience

Rose, Chinitz & Rose (formerly Rose & Associates) (1996-Present)
Nutter, McClennen & Fish, LLP, Associate (1988-1993); Junior Partner (1993-1995)

Honors & Awards

Massachusetts Super Lawyers, Employment Litigation (2005-Present)
New England Super Lawyers, Employment Litigation
AV Rated (highest level of ability and ethics) by Martindale Hubbell

Representative Engagements

Obtained a NASD defense award for a national securities firm in a two-week arbitration brought by a former financial advisor who sought ten million dollars for fraud, discrimination and retaliation.
Obtained partial dismissal leading to successful resolution of claims by a real estate consultant for several million dollars in damages on partner/joint venture theories.
Successfully represented several leading Wall Street securities firms for the past ten years in numerous recruiting-related injunction, contempt, “protocol breach” and damages cases in court and in NASD/FINRA arbitration throughout New England.
Successfully represented corporations and executives in the defense and prosecution of non-competition, customer and employee non-solicitation, theft of trade secret and related claims.
Successfully resolved numerous employment discrimination claims before the MCAD, EEOC and state and federal court involving virtually all protected classes and tort and contract theories.
Successfully represented corporations against claims for employee raiding involving the simultaneous recruiting of multiple executives.
Regularly advise executives on their fiduciary duties and related non-competition, non-solicitation and trade secret obligations in connection with employment transitions and business start-ups.
Regularly represent executives and corporations in the prosecution and defense of claims under executive employment agreements, including claims over the cause of terminations.
Regularly advise C-Level executives and financial industry executives on the terms of their separation and employment agreements and negotiate six and seven figure severance arrangements.
Successfully represented a prominent Boston area synagogue in a First Amendment lawsuit challenging a MCAD investigation of the synagogue’s termination of a religious school teacher.
Successfully represented a real estate developer in federal court litigation involving a failed development and long term lease deal.
Regularly advise corporations, including law firms, on hiring and firing, employee discipline, wage and hour issues, employee manuals, ADA, FMLA and other employment law compliance.
Successfully litigated insurance coverage matters for a Fortune 100 pharmacy chain and other insureds.
Regularly advise financial advisors and other investment professionals in NASD/FINRA, Massachusetts State Securities Division and SEC investigations .
Successfully represented many closely held corporations and majority shareholders in direct and derivative litigation and have disposed of such cases through trial, appeal, pre-trial motions, mediations and settlement. Have also negotiated pre-suit buy-outs.
Successfully represented national and regional mortgage lenders in numerous litigation matters involving employment discrimination, loan discrimination, fair credit reporting claims, business disparagement and interference claims, restrictive covenant litigation, loan buy-back disputes, wage and hour matters and a wide array of other claims.

Court & Bar Admissions

Massachusetts
United States District Court for the District of Massachusetts
United States Court of Appeals for the First Circuit
New Hampshire State and Federal Court

Civic & Charitable activities

Board of Directors, Boston University School of Medicine, Alzheimer’s Disease Clinical and Research Program
Pan Massachusetts Challenge-“Heavy Hitter” cyclist/fundraiser (2007-Present)
Newton/Needham Kids PMC Event Organizer (2007-Present)

Education

University of Massachusetts at Amherst, B.A., Phi Beta Kappa (1985)
Boston University School of Law, J.D., Magna Cum Laude (1988)
Boston University Law Review, Editor (1987-1988)
Berger Prize for Outstanding Academic Achievement (1988)