Michael "Misha" Rabinowitch’s business litigation practice is focused in the area of employment law, representing employers in cases involving sex, age and race discrimination, sexual harassment and the Americans with Disabilities Act. He is often involved in actions where injunctive relief is sought in connection with non-competition agreements and protection of trade secrets and proprietary information. He also provides advice and counsel to employers on proper employee policies and handling the day-to-day issues that confront human resources professionals.
In addition, Misha often represents national and regional commercial real estate developers and property owners in litigated matters, including land use, boundary disputes, disputes with tenants, condemnation, purchase agreements, and shareholder disputes. Misha also defends multi-family housing owners and property managers in fair housing discrimination claims.
He has tried cases to the bench and to juries in both state and federal court. He lectures frequently at employment law seminars and has written a number of published legal articles. Misha currently serves on Wooden & McLaughlin's management committee.
- Served as lead counsel to Special Litigation Committee engaged to investigate shareholder derivative claims and prepare Report to the Board of Directors concerning claims of breach of fiduciary duty, conversion, constructive fraud, and breach of contract. The litigation involved claims regarding management’s handling of foreign currency hedging strategies, patent and royalty payments, and squandering corporate assets. The year-long investigation included conducting over twenty five witness interviews and reviewing thousands of pages of source documents.
- Defended minority shareholder in lawsuit that, at its core, involved unwinding numerous long-standing real estate development, management and construction partnerships, and separation of joint interests, particularly with respect to a proposed $60 million public-private partnership real estate development project in downtown Indianapolis.
- Obtained favorable decision on behalf of apartment owner following trial before the Indiana Civil Rights Commission’s Administrative Law Judge with respect to former tenant’s claims of race discrimination in violation of the Fair Housing Act. The ALJ’s decision was affirmed on appeal to the full Commission.Obtained defense verdict on behalf of mortgage company in lawsuit brought by former male employee that accused his female supervisor of sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Successfully introduced into evidence the former employee’s prior lawsuits against past employers—a decision which was affirmed by the Seventh Circuit Court of Appeals.
- Obtained summary judgment on behalf of large midwest warehouse company wherein former employee claimed that he was subjected to a hostile work environment based upon comments made by co-workers regarding his race.
- Successfully enforced non-competition and confidentiality provisions on behalf of former employer of former employee that went to work for a competitor and attempted to solicit customers of his former employer in the same sales territory. On the eve of trial, obtained former employee’s agreement to a permanent injunction precluding him from soliciting former employer’s customers.
- Hired by Little League Baseball, Inc. just two days prior to the scheduled hearing on Plaintiff’s Motion for Preliminary Injunction, Rabinowitch successfully defeated Plaintiff’s motion and obtained dissolution of the then-existing temporary restraining order, based upon argument that state trial court lacked jurisdiction to resolve what were essentially administrative issues.
- Served as local counsel to Emisphere Technologies in a lengthy and contentious lawsuit against Eli Lilly & Company, which included claims involving breach of a research and collaboration agreement between the two companies and misappropriation of trade secrets. After several years of litigation, including a two week trial as to Eli Lilly’s liability on the breach of contract issues which resulted in a judgment against Eli Lilly, Emisphere obtained a successful settlement.
- Obtained defense verdict for property owner in quiet title action, following trial as to Plaintiff’s claims of adverse possession and defects in the chain of possession. The trial court’s verdict was affirmed on appeal.
- Obtained dismissal of Indiana Civil Rights Commission charge against apartment project owner of violation of state and federal fair housing laws where apartment owner was accused of race discrimination by accepting rental voucher for white tenants, but not accepting the same rental voucher for black tenants.