Michael A. Valerio
Partner

Connecticut

Email: mav@jordenusa.com
Phone: 860.392.5046
Fax: 860.392.5058

Since joining Jorden Burt, Michael Valerio has focused his practice on the representation of insurance companies, broker-dealers, and other financial services industry clients in complex litigation, arbitration, and regulatory enforcement matters. Over the course of his career, Mr. Valerio's litigation management, trial, and arbitration experience has encompassed many areas, including class actions and individual claims involving the sale of life insurance, annuity, mutual fund, and retirement products, ERISA, securities fraud, consumer fraud, unfair trade practices, misappropriation of trade secrets, thrift institutions, insurance coverage, broker-dealer and investment-related disputes and investigations, professional liability, product liability, general commercial disputes, and government contract claims and civil fraud matters.

Prior to joining Jorden Burt, Mr. Valerio was engaged in private practice with a major national law firm based in Washington, DC. Earlier in his career, Mr. Valerio was an in-house complex litigation and investigations counsel for a major international telecommunications provider, where he handled domestic and international disputes among and between telecommunications providers and commercial customers, as well as securities, antitrust, and other competitive and regulatory matters involving the industry.

Representative Matters (published decisions)

• Vermont Pure Holdings, Ltd. v. Berry, 2010 WL 1665258 (Mass. Super. Ct. Feb. 8, 2010)

• City of Chattanooga v. Hartford Life Ins. Co., 2009 WL 5184706 (D. Conn. Dec. 22, 2009)

• Northwestern Mutual Life Ins. Co. v. Gil, 351 Fed. Appx. 515, 2009 WL 3601617 (2d Cir. Nov. 3, 2009)

• Northwestern Mutual Life Ins. Co. v. Gil, 2009 WL 276086 (D. Conn. Feb. 5, 2009)

• Independence Ins. Serv. Corp. v. Hartford Life Ins. Co., 472 F. Supp. 2d 183 (D. Conn. 2007)

• Perfection Corp. v. Lochinvar Corp., 812 N.E.2d 465 (Ill. App. Ct. 2004)

Other Representative Matters

• Representing private placement variable life insurance provider in individual and class action matters relating to alleged losses attributable to Madoff "feeder fund" investments

• Representing life insurer in nationwide RICO and state unfair trade practices class action litigation relating to sales of certain fixed-interest and equity-indexed annuity products

• Representing industry group as amicus curiae in appeal before the United States Court of Appeals for the First Circuit relating to district court's class certification order in ERISA litigation involving a group life insurer's use of retained asset accounts ("RAAs") to pay life insurance benefits

• Represented industry groups as amicus curiae in appeal before the United States Court of Appeals for the First Circuit in federal civil False Claims Act litigation involving private long-term disability insurance industry practices relating to insureds' applications for Social Security Disability Insurance ("SSDI") benefits

• Represented service provider in ERISA class action litigation involving alleged "revenue sharing" fees received from mutual fund investment advisers and/or distributors in connection with 401(k) retirement plan business

• Represented industry group as amicus curiae in appeal before the United States Court of Appeals for the Second Circuit relating to district court's class certification order in ERISA litigation involving alleged "revenue sharing" fees received by retirement plan service provider
  

• Represented insurance industry client in litigation involving alleged fraud in the sale of broad-based corporate-owned life insurance

• Represented administrative service provider and stop-loss insurance carrier in dispute with sponsor of self-funded employee health benefit plan regarding responsibility for outstanding claims under terminated contract

• Represented financial services client in connection with threatened state securities law charges relating to alleged failure of affiliates to obtain state licensing as broker-dealers or investment advisers

• Represented broker-dealer in NASD/FINRA investigation involving alleged market timing and recordkeeping violations

• Represented broker-dealer in NASD/FINRA arbitration involving sale of funding vehicles for 412(i) defined benefit retirement plan

• Represented broker-dealer in NASD/FINRA arbitration alleging fraud and unsuitability in connection with sales of purported "high risk" investments subject to market losses

• Represented accounting firm and audit partner in SEC investigation involving financial reporting by publicly traded accounting firm client

• Represented broker-dealer in parallel SEC/NASD/state securities department investigation and related civil litigation involving alleged theft of client funds by former registered representative

• Represented publicly traded multi-level marketing company in federal securities fraud and state "anti-pyramid" and unfair trade practices class action litigation

Speeches and Publications

• Co-author: "The Moench Presumption in ERISA Stock-Drop Litigation," ABA Class Actions & Derivatives Suits ("CADS") Report, Spring 2011, at 3-6.
• Co-author: "Recent Developments in ERISA Plan Amendment Jurisprudence," DRI Life, Health and Disability News, June 2010
• Speaker: Life Litigation Legal Summit, Simsbury, CT, May 2008
• Author: "Putnam Fiduciary Trust Company: A Seaboard Report For Regulated Entities," Investment Lawyer, June 2006
• Frequent contributing author: Expect Focus