Michael A. Graziano
Mike Graziano focuses his practice on litigation with an emphasis on commercial disputes, insurance coverage, and employment-related matters. Mike has extensive experience litigating at both the trial court and appellate levels.
Mike analyzes coverage issues for major insurance carriers and defends them against breach of contract and bad faith claims brought by policyholders. He has experience with various forms of coverage, including fidelity, commercial crime, employee dishonesty, faithful performance, forgery, computer fraud, funds transfer fraud, fraudulent instruction, property, errors and omissions (E&O), directors and officers (D&O), and employment practices liability (EPL).
Mike also represents a broad array of employers, including nonprofit organizations, corporations, financial institutions, and educational institutions. He defends his clients against claims brought by current and former employees under various federal and state laws including, but not limited to, Title VI, Title VII, Title IX, Section 1981, ADA, ADEA, ERISA, FMLA, and FCA.
In addition, Mike has experience litigating a broad range of contract disputes and business torts, defending attorneys and other professionals against professional liability claims, and counseling clients regarding various corporate governance, regulatory, and employment-related issues.
- Successfully argued before the U.S. Court of Appeals for the Eleventh Circuit that a $10M loss arising from a prepaid credit card scam was an indirect loss and therefore not covered under the computer fraud insuring agreement in a commercial crime insurance policy. Interactive Commc’ns Int’l v. Great Am. Ins. Co., No. 17-11712, 2018 WL 2149769 (11th Cir. 2018).
- Persuaded the U.S. Court of Appeals for the Fifth Circuit to reverse the grant of summary judgment to an insured on the grounds that a business email compromise scam was not covered under the computer fraud insuring agreement in a commercial crime insurance policy because the use of a computer was not the direct cause of the loss. Apache Corp. v. Great Am. Ins. Co., 662 F. App’x 252 (5th Cir. 2016).
- Obtained summary judgment for an insurer in connection with a claim for social engineering losses under the forgery, computer fraud, and funds transfer fraud insuring agreements in a commercial crime insurance policy. Sanderina, LLC v. Great Am. Ins. Co., No. 2:18-cv-00772-JAD-DJA, 2019 WL 4307854 (D. Nev. Sept. 11, 2019).
- Argued before the U.S. Court of Appeals for the Fourth Circuit resulting in the affirmance of summary judgment in favor of an insurance carrier in connection with a $10M employee dishonesty claim involving various fraud schemes implemented by the insured’s CEO, including his bribery of a Maryland State Senator. Emcor Group, Inc. v. Great Am. Ins. Co., 636 F. App’x 189 (4th Cir. 2016).
- Obtained a precedential opinion from the U.S. Court of Appeals for the Sixth Circuit in a Title VII case which provides significant protections to charitable organizations in the use of volunteers in Michigan, Ohio, Tennessee, and Kentucky. Marie v. Am. Red Cross, 771 F.3d 344 (6th Cir. 2014).
- Obtained summary judgment on behalf of a non-profit organization in defense of claims that the organization terminated its Executive Director because of her age and in breach of a $1.65M fixed-term employment contract. Amarosa v. Am. Nat’l Red Cross, No. 11-CV-3289 DRH WDW, 2014 WL 3696255 (E.D.N.Y. July 24, 2014).
- Obtained, and successfully defended on appeal, the entry of summary judgment for the employer in several cases involving allegations of wrongful termination in violation of federal and state employment laws. See, e.g., Perry v. Am. Red Cross Blood Servs., 651 F. App’x 317 (6th Cir. 2016); Jett v. Am. Nat’l Red Cross, 588 F. App’x 396 (6th Cir. 2014); Hampton v. Nat’l Am. Red Cross, 3 F. Supp. 3d 612, 617 (W.D. Ky. 2014).
Awards and Recognition:
- Selected for inclusion in Washington D.C. Super Lawyers – Rising Star (2014 – 2020)
- Attained an AV® Preeminent™ rating from Martindale-Hubbell
News and Insights
- “Not-So-Easy Riders: When Disputes Arise over the Interplay between Riders and Other Policy Provisions,” 25 Fid. L.J. 199 (2019).
In his spare time, Mike enjoys playing bass guitar, traveling, and spending time with his wife and kids.