Since joining JAMS as a full-time neutral in 1989, Mr. Young has conducted over 1,750 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.
Mr. Young has been recognized by various publications and members of the legal community in New York, and more broadly, as a skilled and widely respected mediator and arbitrator. For example, in 2016 through 2021, Chambers and Partners identified Mr. Young as one of the seven mediators in the United States recognized in Band One and in 2016 noted “his deft, subtle handling of mediations…”
- 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 2008-2009
- 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
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Selected Awards and Honors
- Band One Mediator, Chambers and Partners, 2016-2021
- International Who's Who In Insurance and Reinsurance, 2014-2020
- International Who's Who in Commercial Mediation, 2013-2020
- Mediator of the Year, NYC, Best Lawyers, 2018-2019
- Arbitrator of the Year, NYC, Best Lawyers, 2020-2021
- ADR Champion, American Law Media, 2017
- Recognized since 2006 by various law-related periodicals as one of the "Best Lawyers in America," as a "Super Lawyer," and by Law Dragon as "One of the Top Neutrals/Private Judges in the U.S."
- “The FAA Statutory Framework” and “Discovery,” co-authored with Cliff Bloomfield, Esq., PLI Press Treatise Arbitrating Commercial Disputes in the United States, September 2018
- “Binding Alternative Dispute Resolution and Insurance Claims,” with Cliff Bloomfield, Esq., ABA Section on Tort Trial & Insurance Practice Resolving Insurance Claim Disputes before Trial, June 2018
- Member of Board of Glimmerglass Festival, 2019-Present
- Member of Board of Legal Services NYC, 2017-Present
- Chair of the Board of Legal Services NYC, 2014-2017
- Board of Directors of the JAMS Foundation, 2013-2018
- Vice-Chair of the Board of Legal Services NYC, 2011-2014
- Interim Executive Director of Legal Services NYC, 2010-2011
- JAMS Board of Directors, 2000-2010
- Litigator, Public and Private Sectors, 1978-1989
- J.D., cum laude, Harvard Law School, 1978
- A.B., with honors, Brown University, 1975
- “The technology [for our virtual session] worked seamlessly. I was impressed at how effective it was, and with Mr. Young’s facility with it. The breakout rooms worked very well.”
- "In confirming an award issued by Mr. Young in a complex “finder’s fee” dispute arising from a cross-border commercial real estate investment, Justice Alice Schlesinger (N.Y.S. Supreme Court, N.Y. County) stated the following on the record: “... Because in what I would characterize as Mr. Young’s thoughtful and well-reasoned award... Also because of the way in which Mr. Young handled this whole process in a truly conscientious way ... So, I find that this was a really serious attempt to do the legal thing as well as the right thing...”
- "Indeed, throughout the (very) long day, [he] remained a constant beacon of coolness. [His] thoughtful, kind demeanor was key in developing a rapport with my client, who was sensitive to the issues she was discussing. [He] gently prodded her, challenged her, and at times honestly agreed with her, all the while building up a level of trust. At the end of the day, she had immense trust in [him] and [his] judgment. Most of all, [he was] well prepared in respect of the facts and legal issues, and challenged all sides to see things in a clearer, objective light. This helped bridge differences. Ultimately, and on several occasions, [he was] able to pull us all back from the abyss."
- "Michael Young was knowledgeable, prepared, assiduous, and persistent ... He didn't introduce his personality into the mediation, but separate and apart from that he was a friendly and engaging person. Besides that, he is ... always prepared to help outside the time that is allotted for the case."
- "First of all, he's very smart, very fair, really a straight shooter. Understands the tougher issues and can give an experienced evaluative opinion -- only after he's listened for at least half the session or at least he's absorbed the key issues. His persistence is amazing."
- "He's engaging, yet calm and professional. He is confident in his ability to solve cases and interacts well with different personalities."
- "His settlements are the result of his (a) hard work in preparing for the mediation; (b) intelligence and ability to grasp quickly not just the core issues in dispute, but also the nuances of complex matters that must be addressed to achieve a workable solution; and (c) his enormous patience in dealing non-stop and effectively with the attorneys and parties involved."
- "Michael is not afraid to tell the parties what he thinks about any given position or claim they are making, yet will follow the party's lead as to what information is to be communicated to the adversary."
- "He never knocks heads together, but he will present an evaluative position. He knows when the parties need to call it a day, and will follow-up to resolve final points after a few days to think things through."
- "Michael has a way of keeping the door open. ... Michael will make sure the lines of communication are still open and the parties are trying."
- "Michael is a genuinely nice guy. People like to be around other people whom they like -- especially someone you have to spend hours with and in a high stakes situation."
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