Michael A. Gamboli

Partner

General Counsel. Michael acts as outside general counsel to a number of the Firm’s clients of varying sizes and across a number of industries, where his primary role is to quarterback the most effective delivery of the Firm’s full range of legal services. Clients greatly benefit from Michael’s ability to coordinate a variety of matters and ensure that each project accounts for the existence of other ongoing situations and the greater goals of the client.

Expertise. Michael’s legal expertise is focused on management side employment law, where he advises and defends businesses on all aspects of human resources related issues. Michael’s focus is on partnering with business clients to strategically address employment issues in order to avoid risk and litigation, and to minimize the impact on human resource needs and business operations.

Guidance. Michael works closely with human resource professionals, in-house counsel, and executives on a daily basis to address performance, termination, potential discrimination, wage and hour, employee discipline, and leave of absence concerns, and is well-versed in emerging areas such as remote work, pay equity, pregnancy accommodation and paid leave laws in multiple jurisdictions. As a member of the Employment Law Alliance, Michael as has easy access to resources in every state and country around the globe to assist client with cross-border issues and to navigate the complexities of operating with employees working in multiple states or countries, be it in person or remotely. Michael also has extensive experience negotiating and drafting employment policies, contracts, noncompetition agreements, handbooks, voluntary separation programs, and separation agreements.

Investigations. Michael provides guidance and defense to businesses under investigation or being audited by state or federal regulatory agencies such as the EEOC or DOL. He also conducts internal investigations for clients on issues ranging from harassment to wage and hour risks.

Litigation. Michael has over 30 years’ experience defending businesses in state and federal courts (in multiple jurisdictions) and administrative agencies (such as EEOC, RICHR, MCAD) on both individual and class action employment claims, such as claims of discrimination, sexual harassment, whistleblower retaliation, misclassification and wage and hour violations. He has also defended and prosecuted numerous lawsuits concerning the enforcement of noncompetition, non-solicitation and non-disclosure of trade secrets agreements.

Practice Areas

Corporate & Business

Employment & Labor

Litigation & Disputes

Nonprofit & Tax-Exempt

Education

Boston University School of Law, J.D., magna cum laude

Bucknell University, B.S.

Bar Memberships

Rhode Island

Massachusetts

Professional Affiliations

Employment Law Alliance (ELA)
- Member
Rhode Island Bar Association
Massachusetts Bar Association
American Bar Association

Boards

Northern Rhode Island Chamber of Commerce
- Executive Committee Member and General Counsel
National Kidney Foundation
- Past Regional Advisor Board Member and Chair
Special Olympics Rhode Island
- Past Board Member
Rhode Island Community Food Bank
- Past Board Member

Representative Cases

Won noncompetition case charging client with tortious interference with contract filed by rival business. Was able to have principal case dismissed and client was awarded sanctions based upon its incurring of attorneys’ fees defending the matter.
Successfully resolved class action litigation on wage claims in case involving question of whether outside salespersons commissions could be credit towards overtime and/or premium Sunday-Holiday pay provision of applicable law.
Successfully defended claim of religious discrimination based upon client’s mandatory vaccination policy and refusal to provide exemption to vaccination requirement as a religious accommodation under federal and state law. Worked with client to develop and implement mandatory vaccination program, including vetting of dozens of requests for religious and disability related exemptions from the program.
Successfully defended multiple claims of gender discrimination brought under the state equal pay act, including winning a precedent setting decision on the applicable statute of limitations governing such claims.
Engaged in multiple buy-sell transactions to negotiate executive compensation, noncompetition agreements, employee buy-out agreements, analyze successor liability issues ranging from FMLA to sick / vacation leave and wage issues and address potential WARN liability under federal and multiple state laws.
Won a precedent setting R.I. Supreme Court case for national jewelry and fine goods corporation establishing that employee manuals including discretionary amendment provisions do not create contractual rights.
Obtained federal court summary judgment for worldwide crystal manufacturer against retailer on antitrust, breach of contract and fraud claims.
Won federal court trial for state’s dominant workers’ compensation insurance carrier against national competitor on claims of trademark infringement, establishing new precedent on issue of harm in intellectual property infringement actions.
Won R.I. Supreme Court decision dismissing disability discrimination claims against national retail chain by former employee.

Honors

Benchmark Litigation, 2021 Labor & Employment Star
Best Lawyers in America Lawyer of the Year – Rhode Island Employment Litigation (2018), Management (2015)
Best Lawyers in America – Rhode Island Employment Law, Management (2010 through 2022).
Chambers USA – Band 1 Labor & Employment Law (2009 through 2021)
Rhode Island Super Lawyers – Employment Law, Employment Litigation, Business Litigation (2009 through 2021)
AV® Preeminent Rated from Martindale-Hubbell