Michael J. Volpe
Michael has vast experience before the National Labor Relations Board (NLRB), the New York State Public Employment Relations Board (PERB), and other agencies. In addition, he regularly handles labor relations issues unique to mergers and acquisitions and in bankruptcy situations.
Michael has an active advice and counsel practice across all issues in the ever- changing business landscape employers face. He has vast trial experience before state and federal courts and administrative agencies and has taken many cases to verdict. His clients include employers in the healthcare, real estate, private equity, retail, manufacturing, mining, theater and entertainment, nonprofit, education, restaurant, and hospitality industries.
Michael’s extensive jury trial experience includes defending against all types of employment-related claims under federal, state, and local laws, and the defense of wage-hour class action matters under federal and state laws. Michael also has represented clients defending against claims of breach of contract, unfair business practices, unpaid sales commissions, violations of restrictive covenants, and various business tort claims. He has bench and jury trial experience in the commercial area and has handled a number of cases resulting in defense verdicts, including in complex real estate and construction-related litigation.
Related Practices
- Labor and Employment
- Litigation
- Commercial Litigation
- Class Action Defense
- Employee Mobility and Trade Secrets
- Real Estate
- Regulatory
- Insurance
- ERISA / Employee Benefits Class Action Defense
- Insurance Coverage and Disputes
- Investigations and White Collar Defense
- Private Equity
- Global Labor and Employment Capabilities
- Entertainment Industry Litigation
- Wage and Hour
Experience
Government Experience
- Candidate for Lieutenant Governor, State of New York
- Former town council member, Village of Pelham, New York
Representative Matters
- Won a defense verdict in a $10 million breach of contract case brought by a medical practice group against a hospital
- Successfully defended a prestigious university in New York City against an unfair labor practice charge at trial before the National Labor Relations Board and on appeal in the United States Court of Appeals for the District of Columbia Circuit, ultimately obtaining voluntary dismissal of the charge by the NLRB
- Obtained dismissal of challenges to a New York nonprofit entity consummating a real estate transaction that provided the client with $31.8 million from a real estate deal and development of a neighboring property. Caraballo, et al. v. Art Students League, et al.
- Obtained dismissal of tort and fraud claims brought by nine graduates of New York Law School who accused their alma mater of misleading them about their postgraduate employment prospects. Gomez-Jiminez, et al. v. New York Law School, et al.
- Defended against a putative class action against a university that stemmed from the school's reporting of detailed post-graduate information. Casey, et al. v. Florida Coastal School of Law, et al.
Insights
Credentials
Education
- J.D. New York Law School 1990
- M.S. Cornell University/Baruch College 1986
- B.A. Hofstra University 1983
Bar Admissions
- New York
Court Admissions
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Western District of New York
Professional Memberships and Activities
- Member, New York State Bar Association
- Member, American Bar Association
Recognition
- The Best Lawyers in America, 2016 – 2024
- Super Lawyers Business Edition, Employment and Labor, New York, 2013, 2019 – 2021, 2023
- New York Super Lawyers, Employment and Labor, 2012 – 2017, 2022
- Legal 500, Marketing and Advertising, 2013
Community
Personal Activities
- Chair, SAM New York; new political party advocating constituent service and problem solving
- Mayor, Village of Pelham, 2015 - 2019
- Deputy mayor, Village of Pelham, 2013 - 2015
- Board member, Town of Pelham, 2000 - 2007
- Board member, Inside Broadway, 2015 - 2018
- Member, Board of Governors, New York Athletic Club, 2013 - 2019
- Board member, St. Anthony’s High School, 2014 - 2017
- Former board member, Pelham Civic Association