Michael L. Vaglica

• ERISA & Employment Litigation
  • Represented a federally recognized Indian tribe and affiliated corporate entities in a dispute alleging wrongful termination and discrimination under ERISA in D. Colo. Successfully argued a contested motion to stay discovery. Drafted a successful motion to dismiss arguing federal subject matter jurisdiction was lacking because ERISA was inapplicable.
  • Part of a team that obtained summary judgment in favor of John Hancock Life Ins. Co. (USA) in a nationwide class action in S.D. Fla alleging breach of fiduciary duty with respect to allocation of foreign tax credits. Assisted with preparation for multiple expert and fact witness depositions, and assisted with drafting pleadings and motions.
  • Part of a team that represented a 401(k) plan sponsor in a case in D. Mass alleging breach of fiduciary duty with respect to retention of proprietary mutual funds. Prepared an outline for the deposition of the putative class representative and second-chaired the deposition.
  • As a law clerk, drafted an order granting summary judgment in an action alleging breach of fiduciary duty by a 401(k) plan sponsor and plan investment fiduciary in their selection and retention of plan investment options.
  • Drafted a motion for summary judgment in a case currently pending in D. Mass alleging discrimination and retaliation.
  • Successfully negotiated favorable settlement of former employee’s discrimination and retaliation action for a de minimis amount.
• Complex Civil Litigation
  • Represented a limited partner in a securities derivative action alleging an improper scheme to privatize a publicly held corporation, which resulted in a $300 million settlement. Drafted pleadings and supervised aspects of extensive discovery procedures.
  • Obtained summary judgment in lieu of complaint for a lender in an action seeking enforcement of personal guaranties used as collateral for a loan used to operate a famous New York City restaurant.
  • Obtained a reversal of a financial regulator’s enforcement decision in an action involving allegedly improper mortgage processing procedures. Interviewed subjects of the investigation and drafted a successful petition seeking relief from the enforcement decision.
  • Represented an education non-profit in a First Circuit appeal which sought to establish that an adequate civics education is a constitutional right. Assisted with drafting an amicus brief arguing that media literacy is a core aspect of a modern civics curriculum.
  • Represented a consumer products manufacturer in an action alleging a latent product defect which diminished the value of gas stoves. Assisted with drafting a successful motion to dismiss and drafted a successful motion to stay discovery.
  • Represented a steel mill owner in an action against a general contractor for breach of a construction contract due to alleged defects that resulted in damages exceeding $500 million.
  • Represented an oil and gas company in an action in E.D. Ark. alleging improper calculation and distribution of royalties to putative class members. Drafted a motion for summary judgment and an opposition to the plaintiff’s motion for class certification, and took the deposition of a putative class representative.

Education

• J.D., Boston University School of Law, 2018
• B.A., cum laude, Boston College, 2014

Admission to Practice

• Massachusetts
• Colorado
• New York
• U.S. District Court, District of Massachusetts
• U.S. District Court, District of Colorado