Michael is a founding partner of Torres, Scammon, Hincks & Day, LLP. With more than 15 years of experience as a litigator in federal and state trial and appellate courts, in addition to representing clients in arbitrations and mediations across the country, Michael brings a high level of tenacity and skill to each case he handles. Michael recognizes that every client and each new matter demands individualized attention and care and his dedication to the specific needs of his clients has led to his recognition as a “Massachusetts Super Lawyer” in the field of business litigation every year since 2014.

Michael has represented the residents of Stoneham and Winchester in the Massachusetts Legislature as their State Representative since 2015. He was named as Vice-Chair of the Joint Committee on the Judiciary in 2019 and hears bills on a wide range of issues including civil rights and civil liberties, housing rights, court administration, criminal justice, and the recall and salaries of judges, among other matters. In his second term, Michael was elevated to the position of Vice-Chair of the House Committee on Personnel and Administration where he helped redraft the House’s internal policies on sexual and workplace harassment.

Michael’s fierce loyalty to his clients and his ability to harness his experience in both the courtroom and the court of public opinion allows him to work closely with his clients throughout their cases to realize strategic goals at every stage of representation.

Business Litigation

Michael has represented both companies and individuals in a number of different business litigation matters, combining his advocacy skills with specialized subject matter expertise to achieve successful resolutions in all manner of disputes. He has secured settlements and won judgments for his clients in complex commercial disputes involving, among other issues:

  • Shareholder litigation
  • Fraud and deceptive business practices disputes
  • Close corporation breakups
  • Breach of contract claims
  • Defamation actions
  • Theft of trade secrets
  • Professional malpractice claims
  • Fiduciaries disputes
  • Land use
  • Real estate related disputes

Employment Litigation and Counseling

Michael provides advocacy and counseling services for individuals and businesses in all manner of employment-related cases. He regularly advises companies crafting employment policies and contracts and brings his decade-plus of experience to bear on behalf of individual clients negotiating both separation packages and employment agreements with their employers. Michael has appeared in state and federal courts as well as in arbitration proceedings and private mediations on behalf of his clients and has achieved successful resolutions in employment-related matters, including:

  • Non-competition and non-solicitation agreements
  • Employment contract disputes
  • Massachusetts Wage Act claims
  • Trade secret theft
  • Employment discrimination
  • Executive separation agreements
  • Sexual harassment allegations
  • Age, gender, disability and other protected category discrimination claims

While many of Michael’s successes in litigation are resolved confidentially, below is a sampling of some of his recent successes:

  • Motion Practice Victories: Michael recently rebuffed repeated attempts to attach the personal property of the managing partner of a privately-held company in the Massachusetts Superior Court case Kraner, et al. v. Selami, et al.; he also obtained dismissal of a majority of the counts brought against his client in Massachusetts Superior Court in Anesthesia Professionals v. CRH, et al.
  • Mediations: Michael recently successfully settled a multi-million dollar litigation case involving products liability claims and unfair and deceptive business practice allegation that his client brought against a privately-held company; after a private mediation, Michael resolved employment discrimination claims in favor of an individual client who pursued claims against a multinational corporation; he also successfully mediated a claim in federal court on behalf of two individual clients who were sued for breach of contract and breach of restrictive covenants.
  • Arbitrations: Michael obtained a favorable settlement, including the costs of the arbitration proceeding and attorneys’ fees, on behalf of a privately-held financing company in claims involving breach of personal guarantees, fraud and bankruptcy.
  • Trials: Michael won a jury verdict awarding monetary damages and a permanent injunction to a privately-held business client after a seven-day trial in federal court along with TSH&D partner Kristen Scammon in a case involving claims based on the breach of a nondisclosure agreement in Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.; he also won a jury verdict in Massachusetts Superior Court awarding multiple damages to a client in a case involving breach of contract and fraud claims in O’Brien v. Proctor.

Education

  • B.A., cum laude, University of Massachusetts at Amherst (1996)
  • J.D., Georgetown University Law Center (2002)

Bar and Court Admissions

  • Massachusetts Bar
  • United States District Court for the District of Massachusetts
  • United States Bankruptcy Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit
  • United States District Court for the Eastern District of Michigan

Awards and Associations

  • State Representative, 31st Middlesex District, Massachusetts Legislature, 2015-present
  • Vice-Chair, Joint Committee on the Judiciary, Massachusetts Legislature, 191st Biennial Session, 2019-present
  • Vice-Chair, House Committee on Personnel and Administration, Massachusetts Legislature, 190th Bienneial Session, 2017-2018
  • Massachusetts Super Lawyers, Business Litigation, 2014-2019
  • Rising Star, Massachusetts Super Lawyers, 2010-2013
  • Co-Chair, Civil Rights/Civil Liberties Committee, Boston Bar Association, 2013-2014
  • Chair, Governance Committee of the Board of Directors of Parents Helping Parents, 2008-2014
  • Chair, Public Policy Subcommittee of the Boston Bar Association’s Civil Rights/Civil Liberties Steering Committee, 2009-2013
  • Member, Public Interest Leadership Program, Boston Bar Association, 2008
With more than 15 years of experience as a litigator in federal and state trial and appellate courts, Michael brings a high level of tenacity and skill to every legal issue his clients face.
Michael S. Day
Rated by Super Lawyers


loading ...

Practice Areas

Business
Litigation

Employment
Litigation

White Collar
Criminal Defense