Michael A. Graziano

Member

Overview

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.

Representative Matters

  • Successfully argued before the U.S. Courts of Appeal for the Fifth and Eleventh Circuits in cases involving computer fraud insurance claims in the amounts of $1.5M and $10M, respectively. Both courts held that the losses at issue were not covered because they did not result directly from the alleged acts of computer fraud. Interactive Commc’ns Int’l v. Great Am. Ins. Co., No. 17-11712, 2018 WL 2149769 (11th Cir. 2018); Apache Corp. v. Great Am. Ins. Co., 662 F. App’x 252 (5th 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). 
  • Successfully 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 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).
  • Successfully represented an excess insurance carrier in a matter involving the alleged theft of more than $80M by the insured’s majority shareholder who also served as chairman of the insured’s board of directors.
  • Obtained, and successfully defended on appeal to the U.S. Court of Appeals for the Eleventh Circuit, the entry of summary judgment in favor of an insurer in connection with an employee dishonesty claim arising out of the alleged theft of goods by a travelling salesman. W.L. Petrey Wholesale Co. v. Great Am. Ins. Co., 622 F. App’x 849 (11th Cir. 2015).
  • Obtained, and successfully defended on appeal to the U.S. Court of Appeals for the Sixth Circuit, the entry of summary judgment in favor of a non-profit organization on claims that the organization terminated the plaintiff in order to interfere with her attainment of retirement benefits protected by ERISA and because of her age. Jett v. Am. Nat’l Red Cross, 588 F. App’x 396 (6th Cir. 2014).
  • Successfully moved for, and defended on appeal to the U.S. Court of Appeals for the Sixth Circuit, the entry of summary judgment in favor of a non-profit organization in defense of claims that the organization terminated the plaintiff in violation of the ADA and FMLA. Perry v. Am. Red Cross Blood Servs., 651 F. App’x 317 (6th Cir. 2016)

Awards and Recognition:

  • Selected for inclusion in Washington D.C. Super Lawyers – Rising Star (2014 – 2019)
  • Attained an AV® Preeminent™ rating from Martindale-Hubbell

Interests

In his spare time, Mike enjoys playing bass guitar, traveling, and spending time with his wife and kids.