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Michael E. Pastore

Special Counsel

[email protected]

+1.617.239.8427

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Michael focuses his practice on representing banks, financial services, and other companies in litigation and government proceedings involving consumer protection and other laws. He also handles arbitrations and guides clients through government and internal investigations. He represents publicly traded companies in a variety of industries, including retail and manufacturing, as well as internet start-ups.

Michael’s extensive experience with consumer protection laws includes the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), and Massachusetts’ consumer protection law, M.G.L. c. 93A. He represents and defends clients before federal and state agencies: the Consumer Financial Protection Bureau (CFPB), the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the US Department of Justice (DOJ), the US Food and Drug Administration (FDA), the Massachusetts Attorney General’s Office, and the Massachusetts Securities Division.

Before joining Mintz, Michael was a senior associate in the Boston office of an international law firm, where he represented clients facing alleged violations of federal and state consumer protection laws and in a wide array of regulatory investigations. During a secondment from that firm, he spent three months as a senior counsel for a major bank and managed its portfolio consumer lending, automobile financing, commercial transactions, and securities fraud cases. He also actively participated in a pro bono program for victims of domestic violence.

Earlier, he served as a budget and policy analyst and a legislative aide for then Massachusetts State Representative (and current State Senator) Michael F. Rush.

Experience

  • Successfully defended Citizens Bank against putative class allegations of aiding and abetting fraud and breach of fiduciary in connection with a $100 million Ponzi scheme. The Western District of NY dismissed the complaint, with prejudice.  The dismissal was upheld by the Second Circuit Court of Appeals.
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viewpoints

RIAs Beware: The Pitfalls When Going Straight To The (Out)Source

November 3, 2022 | Blog | By Michael Pastore, Edmund P. Daley

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High Risk, No Reward: SEC’s First Reg BI Enforcement Action

June 21, 2022 | Blog | By Pete Michaels, Michael Pastore, Alyssa C. Scruggs

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On November 18, 2021, the Financial Crimes Enforcement Network (FinCEN) issued a Notice “to call attention to an upward trend in environmental crimes and associated illicit financial activity.” This focus on environmental crimes is designed to help address FinCEN’s priorities previously announced on June 30, 2021.
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On October 14, 2020, the Consumer Financial Protection Bureau (“ CFPB”) announced a series of organizational changes affecting the Supervision, Enforcement and Fair Lending Division (SEFL), the result of an organizational review that began in February of this year.
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On September 1, 2020, the Massachusetts Securities Division (“MSD”) began enforcing a new state regulation that holds all broker-dealers and their agents to a fiduciary conduct standard requiring them to “make recommendations and provide investment advice without regard to the financial or any other interest of any party other than the customer”.
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CFPB Solicits Assistance in Combatting Credit Discrimination

August 11, 2020 | Blog | By Pete Michaels, Michael Pastore

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FINRA Shares Best Practices by Firms to Supervise in a Remote Work Environment

May 29, 2020 | Blog | By Pete Michaels, Michael Pastore

FINRA, through its most recent Regulatory Notice 20-16 , shares certain common practices they have seen taken by member firms to enhance supervision in the remote work environment due to the COVID-19 pandemic.
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Court Puts COVID-19 Emergency Debt Collection Regulations on Ice

May 15, 2020 | Blog | By Pete Michaels, Michael Pastore

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On the heels of codifying 940 CMR 35.00, the “Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19” (the “Emergency Regulations”), Attorney General Maura Healey issued guidance on April 3, 2020 “to provide clarity with regard to frequently asked questions concerning the Emergency Regulations[.]”
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Recognition & Awards

  • Named to the Massachusetts Super Lawyers Rising Stars list (2017)
  • Boston Magazine Top Lawyers – Employment (2021)
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Involvement

  • Member, American Bar Association
  • Member, Boston Bar Association
  • Board of Directors, Medfield TV
  • Chair, Warrant Committee, Town of Medfield, Massachusetts
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Michael E. Pastore

Special Counsel

Boston