Michael is a member of the team representing large financial institutions and high-net-worth individuals in securities litigation and violations of contractual covenants. His practice primarily focuses on employment-related matters and litigation. For more than 15 years, Michael served as Vice President and counsel for Morgan Stanley's Wealth Management Division in New York, where he was Co-Head of the Recruitment Litigation and Advisory unit with responsibility for half of the firm's regions and more than 350 field branches.
Michael has educated field and regional management on best practices in a variety of employment-related matters, including financial advisor recruitment, onboarding, and drafting and negotiating complex recruit deal agreements. Additionally, his experience includes:
- Handling a broad range of legal disputes in the financial services sector, including employment discrimination claims under the American Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the New Jersey Law Against Discrimination (NJLAD), Title VII of the Civil Rights Act of 1964, and wage and hour regulations
- Serving as the primary advisor to financial services and corporate clients on employment agreements, restrictive covenants, raiding issues, trade secrets, copyright infringement, the Uniform Commercial Code (UCC), and Occupational Safety and Health Administration (OSHA) violations
- Advising on constantly evolving national strategy; drafting guidelines, contracts, policies, and procedures for effective and compliant intra-firm competition; employee onboarding; and marketing and risk analysis
- Personally supervising, managing, and resolving employment and recruiting litigation from inception to final hearing in Financial Industry Regulatory Authority (FINRA), AAA, and federal and state courts
- Prosecuting and defending claims of violation of restrictive covenants, unfair competition, and misappropriation of trade secrets
Active in the community, Michael is known for his involvement with youth and high school-level sports, including speaking at and volunteering for youth sports in the Morristown area.
Education
J.D., New York Law School, 1987
B.A., Political Science, Lehigh University, 1981
Professional Associations
- Morris County Bar Association, Member
Honors
- Distinguished Service Award, New York State Court Pro Bono Association, 2017
Representative Matters
- Shumaker Wins Defamation Case for Financial Advisor Against Merrill Lynch
- 05.02.2018 AdvisorHub – Merrill to Pay $750,000 for Defaming Broker by Insinuating Insider Trading
- 05.02.2018 Citywire – Merrill to pay ex-offshore broker $750,000 in defamation case
- 05.02.2018 Financial Advisor IQ – Merrill Lynch to Fork Over Big Payout to Fired FA
- Shumaker Victory Recognized as One of Largest FINRA Awards Brokers Won from Their Firms
- 04.12.2018 InvestmentNews – Biggest Arb Awards Brokers Won from Their Firms
- Shumaker Attorneys Defeat Merrill Lynch's Attempt to Keep Litigants Out of FINRA Arbitration
- 04.03.2018 AdvisorHub – Merrill Retreats from Battle to Fight Former Executives in Court
- 04.03.2018 wealthmanagement.com – Merrill Lynch Gives Up Fight Against Former Advisors’ Rights to Arbitrate