Michael A. Bednarz, Esq.
    Contact

    mbednarz@bmklegal.com

    44 School Street
    Boston, Massachusetts 02108

    Education
    • J.D., cum laude, Suffolk University Law School
      • Note Editor, Suffolk University Law Review
      • Business Law and Financial Services Concentration, with distinction
    • B.S., Saint Michael’s College

    Michael A. Bednarz, an associate and trial attorney at Berluti McLaughlin & Kutchin LLP, practices all aspects of complex civil litigation.  He has extensive experience in all forms of business and employment disputes in jury and bench trials and through appeal.

    Attorney Bednarz has tried cases in state and federal courts in the Commonwealth of Massachusetts.  He advises clients in all aspects of business disputes, including between shareholders/partners, derivative actions, individual and class action wage and hour cases, trade secrets, non-compete and non-solicitation agreements, employment law, contract, real estate, and construction disputes.  Attorney Bednarz also has extensive experience in all forms of alternative dispute resolution, including arbitration and mediation.

    REPRESENTATIVE ENGAGEMENTS

    Business Disputes

    • Dispute between two 50% shareholders – secured a preliminary injunction to gain access to corporate information; successfully motions to compel sale of corporate stock through an arbitration procedure set out in the Articles of Organization; preserved the opposition before the Supreme Judicial Court in an interlocutory appeal Vale v. Valchuis471 Mass. 495 (2015), where the SJC found the Article of Organization provision was an arbitration clause but the shareholder successfully withdrew from the arbitration procedure before the arbitration began; successfully obtained Summary Judgment on claims to force sale on other theories.
    • Representation of a private equity firm and the senior officers and directors of one of its portfolio companies in defending allegations of breach of fiduciary duties, corporate waste, fraudulent transfer.
    • Representation of consulting firm in securing arbitration award in connection with claims for breach of contract, tortious interference of with contractual and business relations, and unfair and deceptive trade practices.
    • Representation of remodeling company in defending allegations of misappropriation of trade secrets, interference with advantageous business relations and unfair and deceptive trade practices in U.S. District Court for the District of Massachusetts.
    • Representation of publicly traded company in securing early dismissal of investor’s claims of federal and Massachusetts securities violations, breach of contract, fraud, and unfair and deceptive trade practices.
    • Representation of closely held businesses and their officers, directors, members, managers and/or partners in pre-suit disputes, including, without limitation, disputes regarding compensation and the equitable division of profit distributions.

    Employment Related Disputes

    • Secured judgment after trial in excess of $1,400,000 on behalf of wrongfully terminated saleswoman in connection with claims of gender discrimination and Wage and Hour violations for failure to pay sales commissions.
    • Obtained a settlement of over $800,000 for five hospital employees in an employee misclassification case.
    • Secured a judgment in a bench trial for over $500,000 against an employer who misclassified a worker as an independent contractor.
    • Representation of international real estate brokerage firm in defending allegations of age discrimination in U.S. District Court for the District of Massachusetts.

    Real Estate

    • Secured summary judgment for commercial landlord against former tenant asserting defenses under the doctrine of frustration of purpose and the lease’s force majeure clause stemming from its alleged inability to operate due to the COVID-19 pandemic.
    • Representation of residential and commercial landlords and tenants in summary process and breach of lease actions in state and federal court.
    • Representation of two-unit condominium association and individual trustee in pursuing claims of breach of fiduciary duty and breach of contract resulting in favorable settlement.

    Investigations

    • Conducted independent investigation on behalf of the Museum of Fine Arts in connection with alleged racist comments and treatment directed at middle school students.
    • Conducted independent investigation of faculty-student sexual misconduct/inappropriate behavior at private secondary school.
    • Served as external investigator in Title IX investigations and other employment harassment cases at the college level.

    RECOGNITION & AWARDS

    • Massachusetts Super Lawyers: Rising Star (2017-2021)

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