Michael D. Young, Esq.

T: 212-751-2700
F: 212-751-4099
Securities
Since joining JAMS as a full-time neutral in 1989, Mr. Young has conducted over 1,250 complex or multi-party mediations and arbitrations in over thirty states and abroad, and has been appointed as a mediator or special master (for discovery management or settlement implementation purposes) by various federal, state, and bankruptcy courts. Mr. Young is a member of the CPR International Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals, an elected fellow of the College of Commercial Arbitrators and an elected “neutral” member of the College of Labor & Employment Lawyers.

Mr. Young has successfully mediated or otherwise served as a neutral in numerous securities or related matters, including class actions under the federal securities laws as well as class and individual cases related to tax shelters. He also has substantial experience in resolving insurance coverage issues under “D&O” and other types of policies.

Request or download "What Counsel Say About Michael Young’s Mediation Style and Skills."

Representative Matters

  • Arbitrated and mediated claims by sellers of private companies against the public company buyers raising fraudulent misrepresentation-type claims
  • Arbitrated claims by a pension fund against the issuer of an initial public offering
  • Arbitrated claims by individual and institutional investors against financial advisors and others, including claims arising out of the “meltdown” in 2008 - 09
  • Mediated multiple shareholder class actions including
    • Multiple matters alleging "fraud on the market" leading to decreases in share prices when allegedly non-truthful or misleading disclosures were made by management of public companies, including cases in the technology, communications, pharmaceutical and manufacturing sectors
    • Multiple claims against auditors for alleged misrepresentation of the financial condition of companies
    • One seeking damages from the underwriters of an IPO in which the class alleged misrepresentations in the prospectus
    • One seeking damages from attorneys who represented the principals in a well-publicized collapse of a debt collection firm
    • One claiming violations of "Reg S" regime through the sales of unregistered securities to domestic investors through "phony sales" to foreign investors
    • One alleging fraud and violations of the New York State insurance statutes and regulations by an insurance company that was demutualized
    • One relating to tax shelters against a prominent law firm and a similar set of claims against an investment bank
  • Mediated consolidated securities fraud action involving multiple plaintiffs against the developer of a condominium hotel, the investment firm that marketed a limited-partnership in the hotel, and the bank that provided loans
  • Mediated derivative action relating to back-dating of options, in conjunction with the employment-related dispute between the company and its former CEO who left as a result of the back-dating situation and also mediated an insurance coverage dispute relating to coverage for the costs incurred in the investigation of back-dating allegations
  • Mediated dispute between a "clearing" firm and two pension funds which invested its assets with a financial advisor regarding the liability of the firm for the malfeasance of the advisor
  • Mediated dispute between a broker-dealer and two major financial institutions regarding the sale by the former to the latter of allegedly unregistered securities
  • Mediated dispute between multiple investors in a real estate limited partnership and the attorneys who prepared the offering memoranda raising both securities fraud and professional liability claims
  • Mediated numerous claims brought by individual investors or groups of investors (individuals and pension funds), involving broker-dealers and others, raising issues of suitability, churning, lack of authorization, and breach of fiduciary obligation, and involving equities, bonds, options, and derivative products, including, for example, a suitability dispute between a Chilean investor and a London-based broker relating to a derivative product based on German interest rates, and a similar dispute involving a Venezuelan investor relating to a derivative product based on Russian government bonds
  • Mediated numerous other types of cases involving the securities/financial services industry, including commission and other employment-related disputes between registered representatives and their firms, as well as a "raiding" case between two major brokerage firms and a similar case between two major banks
  • Mediated numerous other types of cases raising related legal theories and business issues, including breach of fiduciary duty (including claims by trustees or others in bankruptcy raising such allegations against former D’s & O’s), fraud, fraudulent conveyance, lender liability, asset valuation, accounting and professional liability, such as multiple individual claims relating to tax shelters against law firms, an accounting firm, and an investment bank

Honors, Memberships, and Professional Activities

  • Member of College of Commercial Arbitrators and College of Labor & Employment Lawyers (“neutral member”), as well as various U.S. bar associations
  • Lecturer about dispute resolution topics at programs conducted by the American Bar Association, College of Commercial Arbitrators, American Corporate Counsel Association, CPR Institute for Dispute Resolution, and American Law Institute
  • Various articles published in New York Law Journal, National Law Journal, Mealey’s Emerging Securities Litigation, Cardozo Law School Dispute Resolution Journal and Metropolitan Corporate Counsel regarding dispute resolution topics

Background and Education

  • Between 1978 and 1989, practiced as a litigator in both public and private sectors
  • J.D., cum laude, Harvard Law School, 1978
  • A.B., with honors, Brown University, 1975

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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November 10, 2014
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