Michael S. Day – Partner

Michael brings a great breadth of experience to his clients as a successful business litigator and is one of the founding partners of Torres, Scammon, Hincks & Day, LLP.  After beginning his career in government relations, Michael has practiced business and criminal litigation for the past twelve years, working as a litigator for nine of those years in the Boston office of Mintz Levin.  Michael has represented his clients in federal and state trial courts, before government tribunals and at various arbitrations and mediations across the country.

Business and Civil Litigation

Michael represents both businesses and individuals in matter involving:

  • shareholder litigation
  • fraud and deceptive business practices disputes
  • close corporation breakups
  • breach of contract claims
  • defamation actions
  • theft of trade secret matters
  • professional malpractice claims
  • fiduciaries disputes
  • land use; and
  • real estate related disputes

Employment Law

Michael represents and advises both corporate and individual clients in matters involving:

  • non-competition and non-solicitation agreements
  • employment contract disputes
  • wage act claims
  • trade secret theft
  • employment discrimination
  • executive separation agreements
  • sexual harassment allegations; and
  • age, gender, disability and other protected category discrimination claims

Criminal Defense

Michael has tried more than 20 cases in jury and jury-waived criminal proceedings, and has successfully disposed of countless number of other criminal matters short of trial in both federal and state courts.

Prior Experience

  • Associate, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.
  • Special Assistant District Attorney, Middlesex County
  • Law Clerk, United Mine Workers International Union
  • Government Relations and Public Policy Experience:
    • Represented the interests of New England universities, non-profits and businesses in Washington, D.C. as a Senior Account Executive at GPC/O’Neill & Associates and as the Director of Public Policy with the New England Council.

Pro Bono and Volunteer Experience and Civil Participation

Michael’s tenacity and loyalty to his clients are best evidenced by his regular appearances on behalf of survivors of domestic violence, for whom he obtains restraining orders and restitution awards as well as petitioning for the psychiatric commitments of troubled family members.  His work in this area led the Boston Bar Association to select him as a member of their prestigious Public Interest Leadership Program in 2008, and he continued his work in this area outside the courtroom as a member of the Board of Directors of Parents Helping Parents, a non-profit organization dedicated to helping end the cycle of abuse in the home, from 2008-2014, and as the Co-Chair of the Boston Bar Association’s Civil Rights/Civil Liberties Steering Committee in 2013-2014.

In 2014, Michael won election to the Massachusetts State House of Representatives and now represents the 31st Middlesex District, which includes the towns of Stoneham and Winchester.  Michael sits on four prestigious committees: the Judiciary Committee, the Joint Committee on Education, the Joint Committee on Mental Health and Substance Abuse, and the House Post-Audit and Oversight Committee.

Education

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

Awards and Associations

  • Massachusetts Super Lawyers, Business Litigation, 2014-2017
  • Rising Star, Massachusetts Super Lawyers, 2013, 2012, 2011, 2010
  • 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

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