Michael Chinitz

About

In 2019, after thirty years of law practice in BigLaw and as a partner in a prominent boutique firm, Mike formed Chinitz Law LLC.

Mike and his colleagues offer practical, efficient advice and representation, close personal attention, and cost-effective solutions to executives and businesses regarding their employment law needs. Mike focuses on the field of “executive mobility”—negotiating and drafting employment and severance agreements for executives in both public and private companies in numerous industries, including finance (private equity, venture capital, wealth management, among others), technology, pharma, biotech, law, accounting/consulting, health care, manufacturing, insurance, academia, and banking, among others. Mike advises executives moving from one company to another regarding their non-competition and non-solicitation agreements, as well as change in control, contractual termination, and equity arrangements. Mike helps executives to be “good leavers” to avoid disputes with their former employers.

Mike also advises executive concerning a wide array of compensation issues, including those involving the Massachusetts Wage Act, unpaid bonuses, commissions, “carried interest,” stock options, RSU’s/PSU’s, and phantom stock. Mike handles wrongful termination and discrimination claims as well employment contract disputes. He has advised C-suite officers regarding disputes with boards of directors and within the C-suite broadly.

Mike also works with executives to make their choice among job opportunities, by helping them compare the remuneration and legal terms offered by different employers, the advantages and disadvantages of different positions, in addition to offering guidance on the appropriate ranges of cash compensation and equity for particular positions.

Because Mike has successfully litigated and arbitrated a wide range of employment and general business matters, including dozens of noncompetition and non-solicitation injunction cases, employee raiding cases, and trade secret disputes, Mike has a deep understanding of the alternative ways to resolve these matters.

Mike is adept at handling leave of absence issues as well as reasonable accommodation issues under Massachusetts and Federal law. When needed, Mike works with experts on issues such as ERISA in these matters.

Law Firm:

Chinitz Law LLC

Areas of Expertise:

Executive Advocacy and Mobility: Advising executives in their transitions between jobs; negotiating executive employment and separation agreements, as well as ancillary agreements; counseling executives regarding their transitions to diminish the risk of claims of theft of trade secret and breach of non-competition/non-solicitation agreements.

Restrictive Covenant and Trade Secret Dispute Resolution: Representing companies and employees in non-competition, non-solicitation, employee raiding, and trade secret disputes, litigation and arbitration, including arbitration of broker/dealer–Registered Representative disputes before FINRA.

Employment Law Counseling: Employment law counseling to companies and individuals on hiring, firing, employee discipline, accommodating disabilities, wage and hour compliance, misclassification of independent contractors, compensation disputes (bonus, commissions, carried interest, and equity), investigations concerning claims of discrimination, sexual harassment, and other alleged wrongdoing in the workplace.

Wrongful Termination: Representing parties in cases involving state and federal employment discrimination claims, wage and hour claims, compensation and commission disputes, wrongful termination claims, and a broad variety of employment related contract and tort claims.

Business and Commercial Disputes: Representation of companies and individuals in a broad scope of business and commercial disputes, including claims for violations of Chapter 93A, breach of contract, fraud, and commercial, partnership, and closely held corporation disputes.

Degrees, Certifications, Awards:

Bar/Professional Activity:
Commonwealth of Massachusetts
State of New Hampshire (inactive)
United States District Court for the District of Massachusetts and United States Court of Appeals for the First Circuit.

Pro bono/Community Service:
Boston University School of Law Alumni Executive Committee (10 years)
American Alzheimer’s Association Ride to End ALZ (6 years).
Former Advisory Board Member for Boston University’s Alzheimer’s Disease Research Center.
"Heavy Hitter" Fundraiser for the Pan Mass Challenge (20 years) supporting the Dana Farber Cancer Institute; has raised more than $300,000 to date with his daughters' participation.
Former Litigation Counsel to Temple Emanuel of Newton, MA

Honors:
Massachusetts Super Lawyer for 24 years;
Perennial Boston Magazine "Top Lawyer" for employment law,
(top 3% of the Massachusetts Bar).

Educational Background:
Boston University School of Law; Law Review Editor; Recipient of William and Lillian Berger Graduation Prize for Outstanding Academic Achievement and many "Book Awards" for the highest grade in multiple courses. Mike was the Law clerk to BU Law's General Counsel and a research clerk to several renown BU Law professors.

University of Massachusetts Amherst, B.A. in Economics, Phi Beta Kappa Honors Society.