Michelle M. Arbitrio

Michelle M. Arbitrio is the Managing Partner of WSHB’s White Plains, New York, office and an accomplished trial and appellate attorney with extensive experience as a litigator in the state and federal courts of New York and Connecticut. Michelle also serves as National Trial Counsel and National Coordinating Counsel for her clients in state and federal lawsuits, multi-district litigations, FINRA arbitrations and class actions throughout the country. In her capacity as National Counsel, Michelle has handled matters in Illinois, Wisconsin, Montana, Pennsylvania, Kansas, New Hampshire, New Jersey, New York, Virginia, Texas, Florida, Kentucky, Connecticut, Maryland, Ohio, Michigan, Arizona, Nevada, Alabama, Iowa, North Carolina, South Carolina and Puerto Rico.

Nationally recognized for Management, Professional and Employment Liability, Michelle counsels and defends directors and officers against claims alleging fraud, negligence, and breach of fiduciary duties, and a variety of professionals against claims based on alleged errors and omissions (E&O) in the performance of their professional services.

Michelle’s D&O work involves the defense of both for-profit and not-for-profit companies and their executives, and E&O work includes defending insurance agents and brokers, securities brokers, lawyers, and a wide range of other miscellaneous professionals. Michelle is regularly called upon to handle complex, high-stakes commercial litigation and claims involving allegations of gross negligence, fraud and malfeasance, harassment and discrimination, as well as litigation of non-solicitation/non-compete disputes involving special purpose acquisition companies (“SPACs”).

Michelle is currently serving as President-Elect of the Professional Liability Defense Federation, and has served in numerous other roles at PLDF over the years including: Chief Diversity Officer, Member of the Board of Directors, Secretary, Treasurer, Chair of the Insurance Agents and Brokers Committee, and Co-Chair of the Nuclear Verdicts Committee. She has been published numerous times in the New York Law Journal and other esteemed publications, and she is often consulted and quoted as an expert in business, insurance and claims publications. Michelle has received numerous awards for excellence in litigation management and client service.

Newsroom

News

•WSHB Partner Michelle Arbitrio Installed as President-Elect of the Professional Liability Defense Federation
Firm News, 9.9.25
•Understanding New York's Newest Employment Laws
Article, 1.10.24
•Michelle Arbitrio Appointed Secretary of the Professional Liability Defense Federation
Firm News, 10.2.23
•Michelle Arbitrio Named Chief Diversity Officer by Federation
Firm News, 1.20.22
•WSHB Elevates Ten Partners to Defined Equity Status
Newsroom, 1.16.20
•Powerhouse Litigator Joins WSHB as Partner
Newsroom, 2.14.18

Events, Seminars & Speaking Engagements

•'Confidence Gap or Ambition Tax? Being Your Own Best Advocate for Raises, Promotions and Career Opportunities.' Women in Insurance Leadership ExecuSummit, Mohegan Sun, Uncasville, CT, March 15, 2023
•' An Introduction to Variable Annuities, ' Presentation for Lancer Claims Services and Calsurance, 2023
•“Social Medial Solutions for Promoting Diversity, Equity and Inclusion.” Women in Insurance Leadership ExecuSummit, Mohegan Sun, Uncasville, CT, March 9, 2022
•“The New Normal - Balancing Diversity and Inclusion Goals with Work/Life Balance,” DRI Construction Law Seminar, Austin, TX, January 26-28, 2022
•“The Coming Wave of SPAC Litigation: D&O and E&O Perspectives on the SPAC Trend,” Professional Liability Defense Federation Annual Conference, Nashville, TN, October 7, 2021
•“The Past is Prologue: The Coming Covid-19 Investor Claims Tsunami,” Professional Liability Defense Federation Annual Meeting (Virtual), October 2, 2020
•'A Discussion Regarding Insurance Agents and Brokers E&O Claims Relating to Covid-19,' ExecuSummit Webinar, July 21, 2020
•“Active Shooter: Emerging Insurance and Risk Management Perspectives,” The Institutes’ Future of Risk Virtual Conference, April 3, 2020
•'Women, Compensation and the Gender Pay Gap,' Women Leaders in Insurance ExecuSummit, Mohegan Sun, Uncasville, CT, March 2, 2020
•“Defending Insurance Agent and Broker Failure to Procure Claims,” 13th Annual E&O Insurance ExecuSummit, Mohegan Sun, Uncasville, CT, October 30, 2019
•“Emerging Risks for Insurance Agents and Brokers - Know Thyself and What You Sell/Buy,” Professional Liability Defense Federation Annual Conference, Chicago, IL, September 27, 2019
•“Professional, D&O and EPL Issues Relating to Mass Shootings, ” CLM’s 2019 Cyber, Management & Professional Liability Conference, Boston, MA, July 11, 2019
•“Miscellaneous Professional Liability: Insuring the New and Unknown, ” CLM Webinar Series, Jersey City, NJ, March 28, 2019
•' Tangible Strategies for Combatting Unconscious Bias in the Workplace without Risking Backlash, ” 3rd Annual Women in Insurance Leadership ExecuSummit, Uncasville, CT, March 6, 2019
•'Insurance Agents - Liability to Insurance Agents/Brokers - Life Agent Twisting Claims,' 12th Annual E&O Liability ExecuSummit, Uncasville, CT, June 20, 2018
•“Miscellaneous Professional Liability - Insuring the New and Unknown,” 11th Annual E&O Liability ExecuSummit, Uncasville, CT, June 20, 2017
•“Employment Law Update: Developments in LGBTQ Discrimination Cases,” National Employment Law Defense Counsel Summit, Philadelphia, PA, May 11, 2017
•“Drafting and Enforcing Effective Non-Compete Agreements and Trade Secret Protections,” Target Markets Program Administrators Association Annual Conference, Arlington, VA, April 19, 2016
•“Ethics and E-Discovery,” CLM Presentation, Kansas City, KS, April 13, 2015
•“Securities Update: A Discussion Regarding the New FINRA Suitability Rule, REITS, TICs and Private Placements,” CLE/CE Presentation, New York, NY, March 12, 2013
•“Securities 101: An Introduction to FINRA Arbitrations,” CLE/CE Presentation, New York, NY, October 29, 2013
•WSHB Partner Michelle Arbitrio to Moderate Session at 9th Annual Women in Insurance Leadership ExecuSummit
Speaking Engagement, Naples, FL, 3.27.26

Publications

•The Intersection of Social Media, Political Expression, and Employment Law: Navigating an Emerging Trend in Workplace Discipline
Article, 9.24.25
•Challenging FINRA's Authority: Securities Firms May Have Grounds to Contest Unilateral Expulsions
Article, 12.30.24
•Supreme Court Changes Standard for Title VII Job Transfer Discrimination Claims
Publication, 4.25.24
•NY Court Tackles Polyamorous Relationship
Article, 11.18.22
•NYC Pay Transparency Law Goes Into Effect May 15, 2022
Article, 3.23.22
•On The Basis of Sex: Supreme Court Holds that Employers Cannot Discriminate Against Employees for Being Homosexual or Transgender
Case Updates, 6.17.20
•“NYC Pay Transparency Law Goes Into Effect May 15, 2022, ” WSHB Update, March 23, 2022
•Editor: 'Insurance Coverage Issues and Current Trends in Cyber Exposures,' Professional Liability Defense Quarterly, Volume 13, Number 2, Second Quarter 2021
•Co-Author: 'Are SPACs an Emerging Area of Concern for Professional Liability E&O Exposure for FINRA Brokers and Broker-Dealers?,' Professional Liability Defense Quarterly, Volume 13, Number 2, Second Quarter 2021
•' Federal Court Guardrails Covid-19 Paid Leave: Paid Leave Expanded For New York Workers Under the Families First Coronavirus Response Act, ' WSHB FFRCA Employer Alert, August 26, 2020
•' Leading Out Loud: Cyber, Management, and Professional Liability, ' CLM Magazine, July 2020
•'How will COVID-19 Impact Insurance Agents/Brokers E & O; Minimizing Exposure During and After the Pandemic,' PLUS Journal, Second Quarter 2020
•' New Bill In New York Proposed for Signature by Governor Andrew Cuomo is Set To Make Employers 'SWEAT ',' WSHB Update, June 17, 2020
•' Litigation Amid the Covid-19 Pandemic: Emerging Trends in Directors and Officers and Securities Litigation, ' WSHB Covid-19 Resource, May 27, 2020
•' On The Basis of Sex: Supreme Court Holds that Employers Cannot Discriminate Against Employees for Being Homosexual or Transgender, ' WSHB Case Update, August 1, 2019
•' Under the Radar Emerging Risks, ' CLM Magazine, May 15, 2019, quoted answering the question: What do you believe are the emerging risks today?
•“Is There a Lawyer in the House? Issues Presented by Non-Lawyer Representatives in FINRA Securities Arbitrations,” CLM Litigation Management Magazine, March 6, 2017
•“Call Me, Maybe: Update Regarding Liability for Debt Collection Phone Calls Under FDCPA,” Professional Liability Advocate, February 17, 2015
•“Loophole Leaves Insurers Powerless Against Fraud,” New York Law Journal, December 1, 2014
•“A Check in the Win Column for Broker-Dealers,” Professional Liability Advocate, September 16, 2014
•“Eastern District of New York Adopts ‘Express Train’ Discovery Schedule to Ensure Expeditious Resolution of Sandy-Related Coverage Suits,” Client Alert, April 24, 2014
•“Temporary Insurance Applications and Agreements: The Impact of Material Misrepresentations in Life Insurance Applications in Coverage,” FC&S Legal, December 10, 2013

In the News

•The Intersection of Social Media, Political Expression, and Employment Law: Navigating an Emerging Trend in Workplace Discipline
•WSHB Secures Appellate Victory in Fraud-Based Annuity Dispute
•WSHB Partner Michelle Arbitrio Installed as President-Elect of the Professional Liability Defense Federation
•Connecticut Appellate Court Affirms Dismissal of Complex D&O Case Involving Dillon Stadium

Honors & Recognitions

•Recognized in the Empower 50 Advocates Role Model List (2023)
•Rising Star - Westchester’s 40 Under 40