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Michael A. Schulman
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
T (301) 255-0520
F (301) 230-2891
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Mr. Schulman is an attorney in the firm’s Employment and Business Litigation practices. As part of his business litigation practice, Mr. Schulman represents minority and majority shareholders and members in buyouts, dissolutions, and various additional separation matters regarding corporations, limited liability companies, and other business forms. He also represents businesses and their owners in derivative suits and direct suits for breach of contract (including breach of operating agreement and partnership agreement), breach of fiduciary duty, fraud, negligence, and other causes of action. As an employment lawyer with a focus in Maryland, Virginia, District of Columbia and federal law, Mr. Schulman advises clients in drafting, updating, and litigating human resources policies and procedures, employment agreements, non-compete and non-solicitation agreements, and various executive compensation matters (including issues related to equity and long-term performance incentive plans). Mr. Schulman represents clients in state and federal court, and in alternative dispute resolution forums.

In the area of alternative dispute resolution, Mr. Schulman has particularly extensive experience representing clients in mediations and arbitrations before the Financial Industry Regulatory Authority (FINRA). Specifically, Mr. Schulman has represented numerous analysts and financial advisors (including groups of financial advisors) in matters regarding their separation from FINRA member-firms. These arbitrations have raised issues related to FINRA rule violations, client “poaching,” professional defamation, and wrongful termination.

Mr. Schulman also has experience with the Family Educational Rights and Privacy Act (FERPA). He has audited and amended FERPA policies, and has drafted FERPA notices and waivers to ensure compliance with the Act.

Mr. Schulman is a graduate of The George Washington University Law School. During law school he interned for the Honorable Ricardo M. Urbina in the United States District Court for the District of Columbia. Mr. Schulman also participated in the D.C. Law Students in Court Legal Clinic where he successfully represented a number of indigent defendants accused of crimes at trial and in pretrial hearings. Mr. Schulman joined Shulman Rogers while in law school as a summer associate and law clerk and worked primarily in the firm’s commercial litigation department. As a summer associate and law clerk, he helped litigate cases involving employment discrimination, breach of contract, breach of fiduciary duty, fraud, and a diverse range of other business-related issues. He later joined the firm as an associate.

Representative Litigation

- Secured a temporary restraining order (“TRO”) from the Circuit Court for Montgomery County, Maryland on behalf of a Maryland-based national employer, enforcing a former employee’s non-competition agreement, and preventing the Washington State-based employee from working for a competitor located in California.

- Represented majority owner of a multi-million dollar family-owned business in dissolution and breach of operating agreement action initiated by minority owners, and successfully leveraged favorable terms for majority owner’s purchase of minority owners’ interests.

- Defended medical practice against a lawsuit in the Circuit Court for Montgomery County, Maryland by a joint-employee for alleged breach of contract, gender discrimination, wrongful termination, and civil conspiracy. Successfully secured pre-answer dismissal of three of the four counts asserted in the Complaint to leverage an extremely favorable settlement.

- Represented former employer in an action for breach of restrictive covenant, breach of fiduciary duty, statutory business conspiracy, misappropriation of trade secrets, and other causes of action against former employee and his new employer in the United States District Court for the Eastern District of Virginia. Successfully defeated Motions to Dismiss, Motions for Summary Judgment, and Daubert Motion filed by both Defendants, sustaining all eight counts in the Complaint to leverage pre-trial settlement.

- Pursued counterclaims for “client-poaching” on behalf of a group of successful financial advisors (FAs) against an international, well-known brokerage firm in FINRA arbitration proceedings to leverage a reduction in promissory note payments due upon FAs’ resignation from the brokerage firm.

- Prosecuted counterclaims on behalf of a Respondent in FINRA arbitration proceeding arising from the dissolution of a financial advisory business to secure settlement.

- Defended newly formed business and its owners against lawsuit brought by one owner’s former employer for alleged breach of contract, misappropriation of trade secrets, and other causes of action. Secured pre-answer dismissal of most of the counts in the Complaint to leverage favorable pre-discovery settlement terms.

- Defended large, public corporation in an Americans with Disabilities Act action brought by the Equal Employment Opportunity Commission in the United States District Court for the Eastern District of Virginia. Used litigation tactics to secure favorable settlement terms for the employer.

Professional & Community Affiliations

  • American Bar Association
  • Fairfax County Bar Association
  • Maryland State Bar Association
  • Virginia Bar Association
  • Bar Association of Montgomery County
Education
  • The George Washington University Law School, Washington, District of Columbia, 2011, J.D.
  • University of Delaware, 2008, B.A.
Bar & Court Admissions
  • District of Columbia
  • Maryland
  • New York
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • Virginia