Michael R. Stanley - Sheehan Phinney

associate | Boston, MA

Michael is a business litigator with an emphasis on complex cases. He specializes in financial services litigation, class actions, and appellate work. Michael has represented clients on real estate, federal and state lending regulations, and loan and debt servicing requirements in state and federal courts in Massachusetts and New Hampshire. In addition, Michael has represented clients in a vast array of business disputes including representing investors in multimillion dollar real estate litigation, aiding in the representation of an individual in civil suit brought by the Massachusetts Attorney General for unfair business practices, and enforcing clients’ trademarks and copyrights through state and federal litigation focused on preventing the unauthorized sale of goods.

Prior to joining the firm, Michael was an attorney at K&L Gates LLP where he practiced in their consumer financial services litigation group. After law school, Michael served as a law clerk to Judge William G. Young of the United States District Court for the District of Massachusetts.

Key Cases

Prevailed in the First Circuit Court of Appeals affirming orders granting national banking institution’s motion to dismiss and summary on claims alleging violations of the Real Estate Settlement Procedures Act, its mortgage servicing regulation, and the Equal Credit Opportunity Act.

Successfully defended founder and minority shareholder of a medical device manufacturing company in October 2018 arbitration before AAA for claims of breach of the non-solicitation provision of shareholder’s agreement, breach of fiduciary duty, and unjust enrichment.

Represented a prominent Boston real estate development company in $6.8 million dollar dispute over sale proceeds held in escrow, for breach of representation and warranties, which resulted in full recovery for developer.

Prevailed in Massachusetts Appeals Court overturning summary judgment ruling in U.S. Bank, Nat'l Ass'n v. Milan, 92 Mass. App. Ct. 511 (2017), where, in an issue of first impression, the Appeals Court determined whether a party “timely and fairly” raised a notice to cure defense to a mortgagee’s nonjudicial foreclosure sale to obtain the benefits of the Supreme Judicial Court’s ruling in Pinti v. Emigrant Mort. Co., 472 Mass. 226 (2015).

Prevailed in Massachusetts Appeals Court affirming trial court’s summary judgment order in first binding state court decision holding that no private right of action existed under the federal Home Affordable Modification Program and borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement between the lender and Federal National Mortgage Association. Santos v. U.S. Bank Nat'l Ass'n, 89 Mass. App. Ct. 687, 688550 (2016)

Successfully obtained summary judgment for national bank and loan servicer for claims under the Real Estate Settlement Procedures Act 12 U.S.C. § 2605 et seq., the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the New Hampshire Unfair, Deceptive or Unreasonable Collection Practices Act, N.H. Rev. Stat. Ann. § 358-C; and negligent misrepresentation and fraud regarding plaintiff’s application for a loan modification under the Home Affordable Modification Program. Moore v. Mortgage Elec. Registration Sys., 2013 U.S. Dist. LEXIS 59252 (D.N.H., 2013)

Admissions

Commonwealth of Massachusetts

U.S. District Court for the District of Massachusetts

State of New Hampshire

U.S. District Court for the District of New Hampshire

U.S. Bankruptcy Court for the District of Massachusetts

U.S. Bankruptcy Court for the District of New Hampshire

U.S. Court of Appeals for the First Circuit

Attorneys Michael R. Stanley

Key Cases

Admissions

Civic and Industry Involvement

Awards

Publications

Contact Information

Education

Practice

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