Michael J. Volpe

Partner
Volpe Michael

Michael Volpe, Labor and Employment Practice Group chair, represents domestic and international corporations with U.S. operations in all facets of labor law. Michael represents clients in union organizing efforts, administration and negotiation of collective bargaining agreements, and every type of litigation originating from the employment relationship. He has vast trial experience before state and federal courts and administrative agencies. Michael also advises clients on the often thorny employment issues that arise in the daily course of business. His clients include employers in the healthcare, real estate, private equity, retail, manufacturing, mining, theater and entertainment, nonprofit, education, restaurant, and hospitality industries.

Michael represents public and private employers in labor matters ranging from union organizing issues and related proceedings before the National Labor Relations Board (NLRB) and/or the New York State Public Employment Relations Board (PERB) to collective bargaining and complex, "first contract" labor negotiations. He routinely serves as first chair in collective bargaining and related labor arbitration and mediation proceedings.  In addition, he regularly handles labor relations issues unique to mergers and acquisitions and in bankruptcy situations.  He often provides training to employers on union organization.

Michael has extensive jury trial experience, defending against all types of employment-related claims under federal, state, and local laws. His practice includes 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.

Experience

Government Experience

  • Candidate for Lieutenant Governor, State of New York
  • Former deputy mayor, Village of Pelham, New York
  • Former town council member, Village of Pelham, New York
  • Mayor, 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.
  • Obtained a favorable outcome in defense of a college and several of its administrators, in a federal action alleging misconduct in the college’s athletics department. Cooper v. The Trustees of the College of the Holy Cross, et al.

Insights

Credentials
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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
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  • Listed in The Best Lawyers in America, 2016 - 2020
  • Recognized in Legal 500, Marketing and Advertising, 2013
  • Recognized in Super Lawyers Business Edition, Employment and Labor, New York, 2013
  • Included in New York Super Lawyers, Employment and Labor, 2012 - 2017

Community
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Personal Activities

  • 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
  • Board member, Pelham Civic Association