Partner

Michelle M. Arbitrio
Contact
Location
5 Waller Avenue
Suite 200
White Plains, NY 10601
P (914) 353-3850
F (914) 353-3851
685 Third Avenue
18th Floor
New York, NY 10017
P (212) 999-7100
F (212) 999-7139
40 Richards Avenue
3rd Floor
Norwalk, CT 06854
P (203) 857-1444
F (203) 286-1835
For more detailed information:
Bio
Michelle M. Arbitrio is the Managing Partner of WSHB’s White Plains, New York, office and an accomplished trial and appellate attorney with more than 18 years of experience as a litigator in the state and federal courts of New York and Connecticut. Michelle also serves as National Trial Counsel and National Coordinating Counsel for her clients in state and federal lawsuits, multi-district litigations, FINRA arbitrations and class actions throughout the country. In her capacity as National Counsel, Michelle has handled matters in Illinois, Wisconsin, Montana, Pennsylvania, Kansas, New Hampshire, New Jersey, New York, Virginia, Texas, Florida, Kentucky, Connecticut, Maryland, Ohio, Michigan, Arizona, Nevada, Alabama, Iowa and Puerto Rico.
As a leader of the firm’s Management, Professional and Employment Liability Practices, Michelle counsels and defends directors and officers against claims alleging fraud, negligence, and breach of fiduciary duties, and a variety of professionals against claims based on alleged errors and omissions (E&O) in the performance of their professional services. She also regularly litigates labor and employment practices liability claims, commercial disputes, and securities claims premised on alleged civil and constitutional violations.
Michelle’s D&O work involves the defense of both for-profit and not-for-profit companies and their executives, and E&O work includes defending insurance agents and brokers, securities brokers, lawyers, and a wide range of other miscellaneous professionals. Michelle is regularly called upon to handle complex, high-stakes commercial litigation and claims involving allegations of gross negligence, fraud and malfeasance, harassment and discrimination, as well as litigation of non-solicitation/non-compete disputes involving special purpose acquisition companies (“SPACs”).
A recognized thought leader in the areas of D&O, E&O and EPL risks and litigation, Michelle is the current Chair of the Professional Liability Defense Federation’s Insurance Agent/Broker Claims Committee. Michelle has been published numerous times in the New York Law Journal and other esteemed publications, and she is often consulted and quoted as an expert in business, insurance and claims publications. Michelle has received numerous awards for excellence in litigation management and client service.
Education
Pace University School of Law (J.D., 2002, cum laude; Pace International Law Review, Articles Editor)
Providence College (B.A., 1999, cum laude; Member, National Political Science Honor Society; Member, National History Honor Society)
Licensed to Practice in:
New York
Connecticut
Eastern District of New York
Northern District of New York
Southern District of New York
District of Connecticut
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Eighth Circuit
Practice Areas
- Handles professional liability matters involving securities brokers and broker-dealers, insurance agents, real estate agents, government officials and employees, staffing agents and numerous other types of professionals in errors and omissions claims where their professional conduct is at issue.
- Represents employers in a wide variety of discrimination cases and sexual harassment cases.
- Litigates matters involving non-competition agreements and corporate control disputes and regularly advises clients on these issues.
- Michelle has experience defending corporate, business and commercial investigations and litigation matters. She can handle matters involving corporations and their officers and directors in disputes involving the alleged violation of state and federal laws involving private companies, not-for-profit organizations, associations, cooperatives, condominiums, school boards, hospitals, financial institutions, religious and charitable organizations, and many other categories. She can also advise clients regarding preventative measures to avoid D&O liability, including providing risk management advice and conducting internal investigations.
Publications
“Federal Court Guardrails Covid-19 Paid Leave: Paid Leave Expanded For New York Workers Under the Families First Coronavirus Response Act,” WSHB FFRCA Employer Alert, August 26, 2020.
“Leading Out Loud: Cyber, Management, and Professional Liability,” CLM Magazine, July 2020.
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Trial & Appellate Results
In a case in Supreme Court of Nassau County, New York, Michelle Arbitrio obtained a dismissal for our clients, a life insurance agent and his insurance agency. Plaintiff alleged that our clients wrongfully advised the plaintiff to procure life insurance policies as a tax planning vehicle for an estate, which railed to accomplish the intended purpose and caused the estate to incur $60M in damages. The allegations relate to the sale of four life insurance policies from four different life insurance carriers, involving different trusts and trustees, beneficiaries and face values. The Third Party Plaintiff asserted claims of fraud, conspiracy to commit fraud, unjust enrichment, and gross negligence against the clients. The total face value of all of the policies was $38M, and the Third Party Plaintiff alleged that the estate paid $16M in premium payments. The Third Party Plaintiff also named lawyers, tax advisors, life insurance carriers and other life agents and alleged that they were also liable for damages resulting from the purchase of unsuitable life insurance policies. Arbitrio moved to dismiss on the grounds that the Third Party Plaintiff, as a beneficiary of the life insurance proceeds, lacks standing to sue its clients because, pursuant to NY law, any such suit must be brought by the individual insured under the life insurance policy, or the insured’s estate if the insured died. WSHB also moved to dismiss the fraud and breach of fiduciary duty claims for failure to state a cause of action pursuant to CPLR 3211(a)(7), and moved to dismiss the breach of fiduciary duty and unjust enrichment claims on statute of limitations grounds pursuant to CPLR 3211 (a)(5). In its Decision and Order, the Court agreed with our argument that the Third Party Plaintiff, as a beneficiary of the life insurance proceeds, lacked standing to sue the clients because NY law requires any such suit to be brought by the individual insured under the policy, or the insured’s estate if the insured died. As such, the Court dismissed all claims against our clients.
In a case where Michelle Arbitrio represented a Third Party Administrator of a Pension Plan, District Judge Richard Sullivan in the U.S. District Court for the Southern District of New York granted her motion and dismissed all claims against the client. DJ Sullivan agreed with Arbitrio’s argument that the Insured was not a fiduciary of the plan, and had no legal obligation or duty to provide Plan documents or to issue benefits. The Judge also found in favor of WSHB’s client by further holding that the federal ERISA statute preempted plaintiff’s common law claims, and that the claims were untimely.
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Events, Seminars & Presentations
“The Past is Prologue: The Coming Covid 19 Investor Claims Tsunami,” Professional Liability Defense Federation Annual Meeting (Virtual), October 2, 2020.
“A Discussion Regarding Insurance Agents and Brokers E&O Claims Relating to COVID-19,” ExecuSummit Webinar, July 21, 2020.
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Memberships
Professional Liability Defense Federation (PLDF), Chair of the Insurance Agent / Broker Claims Committee
Claims Litigation Management (CLM), Member of Board of Directors of Professional, D&O, and Cyber Liability Committee
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Awards & Accomplishments
Rising Star – Westchester’s 40 Under 40