Michael S. Metta

Overview

A trial and appellate lawyer, Mike Metta demonstrates vast expertise in a broad range of commercial litigation and employment matters. A senior member of the firm’s ERISA practice group, Mike works directly with the chair to support ERISA clients in all litigation endeavors. He is also proficient at assessing, defending, and resolving the full range of fiduciary duty and benefits claims. His recent experience at the Firm includes defense of ERISA fiduciaries in class actions directed at the trustees of ESOP and 401(K) Plans pending in U.S. District Courts in multiple states.

Mike also evaluates, defends, and resolves employment discrimination, harassment, retaliation, wage and hour (including, among other things, FLSA collective actions and California PAGA representative actions), unfair competition, and wrongful discharge and similar claims under federal law and the law of multiple states. His appellate experience is particularly helpful to colleagues attempting to enforce arbitration agreements in the trial and appellate courts of California.

disability insurers in claims governed by ERISA, which are adjudicated by the court, as well as non-ERISA claims, which may be tried to jury. Mike also has substantial experience mitigating bad faith insurance risk on behalf of insurer clients in Florida and, most recently, Georgia.

Moreover, Mike routinely welcomes the challenge of complex commercial litigation matters, including disputes involving the sale of securities, failed real estate deals, and other business disputes pending in the state and federal courts where he is licensed. When necessary, Mike will relentlessly pursue the claims of the firm’s institutional clients, as plaintiffs, to judgment or settlement as a courtesy to the partners with whom he affiliates and their valuable clients.

Experience

• Obtained dismissal by summary judgment of an FLSA claim for off-the-clock work filed against a commercial client in the United States District Court for the Southern District of Florida
• Negotiated FLSA, section 1988, and Title VII claims against a retail client with the United States District Court for the Northern District of Georgia
• Negotiated voluntary dismissal of a $20M ESOP class action pending in the United States District Court for the Central District of California
• Obtained dismissal of a disability discrimination claim pending before the Massachusetts Commission Against Discrimination against a manufacturing client pursuant to a finding of no cause
• Obtained dismissal of an NLRA claim by the NLRB in Boston on behalf of a manufacturing client wrongfully accused of unfair labor practices pursuant to a finding of no liability
• Obtained early dismissal via a motion to dismiss for failure to state a claim under 42 U.S.C. § 1983 claim against an institutional client pending in the United States District Court for the District of Massachusetts
• Negotiated voluntary dismissal of a claim for zero payment against a former president of a language services company for fraud and breach relative to alleged promises of equity in a company, which was pending in the United States District Court for the District of Massachusetts
• Persuaded the jury to cut a condominium association’s hurricane damages from $16M to $2.6M in property insurance; trial pending against property insurer in the United States District Court for the Southern District of Florida
• Obtained judgment of no liability in a National Association of Securities Dealers (now FINRA) arbitration on behalf of an insurance broker sued for negligence relative to retirement account sales
• Obtained final summary judgment on behalf of a healthcare provider in a breach of contract action pending in the Palm Beach County, Florida Circuit Court and collected a high six-figure judgment in full
• Obtained motion for summary judgment in a trademark infringement defendant’s favor on geographic mark in the United States District Court for the Middle District of Florida

News

Professional

• Former Diploma Level Member, Charter Insurance Institute of London, 2010-2015
• Member, Defense Research Institute (DRI)