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Michael E. Pastore

Special Counsel

[email protected]

+1.617.239.8427

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Michael is a financial services attorney, representing individual and corporate clients in connection with investigations and enforcement proceedings brought by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Massachusetts Securities Division (MSD), and other state and federal regulators.  A significant part of Michael’s practice involves representing broker-dealers and individual financial advisors in litigation, FINRA arbitration, and regulatory investigations and actions.

Michael also has extensive experience in defending clients in state and federal court, and in regulatory matters, with respect to 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.

Before joining Mintz, Michael spent time during a secondment as a senior counsel for a major bank and managed its portfolio consumer lending, automobile financing, commercial transactions, and securities fraud cases. 

Prior to being an attorney, Michael served as a budget and policy analyst and a legislative aide for a Massachusetts State Representative.

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.
  • Secured voluntary dismissal of regulatory enforcement action brought against two individual financial advisors by the Rhode Island Department of Business Regulation.
  • Represented financial services company in securing voluntary dismissal of MSD investigation into investment advisor representative registration prior to filing of an enforcement action.
  • Regularly represents corporate clients and individuals being investigated by the MSD’s  Registrations, Inspections, Compliance, and Examinations Section (RICE). 
  • Regularly represents individuals providing live on-the-record testimony to regulators such as FINRA, the SEC, and the MSD. 
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viewpoints

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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On March 27, 2020, the Massachusetts Attorney General, Maura Healy, filed an emergency regulation, aimed at what the office described as “prevent[ing] debt collectors and creditors from harassing our residents.”
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As financial professionals struggle to adapt during these trying times, securities regulators are also revising their processes and procedures to address the current realities of investor protection in the time of COVID-19 while being fair to the regulated entities.
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On March 23, 2020 the SEC issued a statement warning about the risks of insider trading posed by the COVID-19 pandemic.
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The Massachusetts Securities Division (the “Division”) has announced that they will begin to apply a fiduciary conduct standard to broker-dealers and agents when dealing with their customers.
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The New York City Bar Association Compliance Committee (“Committee”) recently issued a report encouraging financial regulators to provide a clear framework for when compliance officers may be held personally liable for the misconduct of their employing institutions.
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During the Consumer Financial Protection Bureau’s (“CFPB”) symposium series in June 2019, the featured panel discussed whether it was necessary for the Bureau to further define “abusive acts or practices” under the Dodd-Frank Act.
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As they do at this time each year, the SEC Office of Compliance, Inspections and Examinations (“SEC”) and the Financial Industry Regulatory Authority (“FINRA”) recently announced their examination priorities for 2020.
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News & Press

News Thumbnail Mintz

Financial Services Co-chair Pete Michaels, Of Counsel Michael Pastore, and Associate Edmund Daley co-authored an article published in Law360 which focused on the widely anticipated Massachusetts Supreme Judicial Court decision on the Massachusetts fiduciary duty rule, which imposes a fiduciary duty standard on Massachusetts broker-dealers.

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Recognition & Awards

  • Named to the Massachusetts Super Lawyers Rising Stars list (2017)

  • Boston Magazine Top Lawyers – Litigation (2021)

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Involvement

  • Town Moderator, Town of Medfield
  • Member, American Bar Association
  • Member, Boston Bar Association
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