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Michael J. Burwick

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Firm Name
Freeman Mathis & Gary LLP
Address
60 State Street
Address 2
Suite 600
Name & Address

Boston, MA 02109

Website
https://www.fmglaw.com/attorney_bio.php?id=407
Areas of Practice
Commercial Litigation, Securities & Corporate Finance, Securities Litigation, Tax Law
Google Maps:
60 State Street, Boston, MA, USA
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42.3596458
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-71.05651089999999
Practice Summary
Practice Overview

Michael J. Burwick is a partner in Freeman Mathis & Gary’s Boston office. He brings a quarter-century of experience in securities law including significant regulatory, transactional, and litigation experience. He has a proven track record of working with stakeholders in the financial services arena that includes investment advisers, brokers and dealers, pooled investment vehicles and private sponsors of securities sold pursuant to Regulation D. As a law firm attorney, he has served financial firms of varying sizes and companies that are based in New England, California, the Midwest, and many points in between. He has also served as a Chief Compliance Officer and a Due Diligence Officer as well as General Counsel to several broker-dealers and registered investment advisers.

Mr. Burwick’s securities practice has three distinct components to it - regulatory, transactional, and litigation. From a regulatory perspective, he possesses significant expertise in navigating the rules and regulations promulgated by the Financial Industry Regulatory Authority (FINRA) and the United States Securities and Exchange Commission (SEC). From a transactional perspective, he works closely with clients in his review of various offering and other documents to ensure compliance with these rules and regulations. And from a litigation perspective, he is poised to defend the rights of his clients and their representatives in adversarial proceedings.

In addition to his securities practice, Mr. Burwick does some non-securities-related business and taxation work on a case-by-case basis. In that capacity, he has negotiated more than $30 million in commercial contracts for a national construction client. He has represented a life sciences executive in her pre-merger separation from her longtime employer that included novel issues relating to stock options, valuation of same, and other issues. He has represented a Connecticut-based corporation in its disposition of a prime piece of investment-grade real estate in New Haven from corporate governance and tax minimization perspectives. And he has been successful in leveraging his experience as an attorney in the U.S. House of Representatives with respect to government affairs matters on behalf of his various clients.

Mr. Burwick is a member of the State Bars of Florida and The District of Columbia and he is a candidate for admission on motion to the Massachusetts State Bar. He is also a member of the Federal Bars of the Northern, Middle, and Southern Districts of Florida and the United States Tax Court. He holds leadership positions in various philanthropies including Autism Speaks and The New England Center for Children.

In his free time, Mr. Burwick enjoys sailing, boating, fishing, golf, tennis, and other outdoor activities as well as photography, writing, and spending time with his wife, Nicole, and their three children.

Rep. Cases/Clients

Served as outside counsel for numerous broker-dealers and registered investment advisers.

Served as the lead regulatory attorney on a multinational corporation’s acquisition of a U.S. financial institution.

Successfully defended a registered investment adviser in an action initiated by the Massachusetts Division of Securities.

Defended a registered representative in a FINRA arbitration proceeding in which the claimant was seeking in excess of $1 million.

Guided a broker-dealer and registered investment adviser through a large expansion, more than doubling its number of registered representatives and investment adviser representatives. Responded to all regulatory concerns voiced by FINRA and the SEC in the course of this expansion.

Successfully represented more than one hundred investors in three real estate syndications that were in imminent danger of losing their properties (collectively valued at more than $100 million) to foreclosure and total loss of principal.

Instituted the first formal compliance department and program for a broker-dealer.

Represented a financial services firm before FINRA and the IRS together with two national law firms.

Served as underwriter’s counsel on dozens of private offerings pursuant to Regulation D.

Negotiated in excess of $30 million in commercial contracts as Florida counsel for one of the largest commercial window-washing and exterior waterproofing companies in the U.S.

Represented an executive in the life sciences in her pre-merger separation from her longtime employer that included novel issues relating to stock options, valuation of same, and other issues.

Represented a Connecticut-based corporation in its disposition of a prime piece of investment-grade real estate in New Haven from corporate governance and tax minimization perspectives.

Awards & Honors

Recognized by “Who’s Who in American Law” - 2019-2020
Recognized as one of "America's Top Lawyers" by the American Law Society - 2019-2020
Recognized by “The Top 100” Magazine - 2019-2020

Publications

This Trendy Tax Play is Making its Way to Financial Advisors - CNBC, February 15, 2020

Advisors Must Weigh Benefits and Real Dangers Before Offering This Hot New Tax Play - CNBC FA Playbook, May 28, 2019

Discussion and Summary of Recent Opportunity Zone Regulations - Webinar for Charles River Financial Group, May 13, 2019, 2:00 - 3:00 PM (ET)

IRS Releases Round Two of Proposed Regulations for Qualified Opportunity Funds - The Wagner Law Group Law Alert, May 6, 2019

Michael Burwick Named Partner at Premier Boston-Based Law Firm - May 1, 2019 - Law Today - Boston Herald - EIN Business New Today - Steetinsider - Finance Industry Today -BenefitsLink - InvestorPlace - Today in Finance - International Business Times - Value Investing News - Fat Pitch Financials

As SEC's 'zero tolerance' era for RIAs commences post-DOL, a regulatory law firm makes anticipatory hires - RIABiz, October 16, 2018

“So You Want to Be a Crowdfunding Portal? Top 10 Traps for the Unwary” – NSCP Currents, February 2014

“Top 10 Traps for the Unwary Crowd-Funding Portal” - Law360, January 22, 2014

“So You Want to Be a Crowdfunding Portal? Top 10 Traps for the Unwary” - Law360, January 22, 2014

“Obtain Tax Deferral and Portfolio Diversity with 1031 Exchange,” - The New York Real Estate Journal, June 16, 2008
“Reenergized WBIX Gets Down to Business,” - The Boston Globe, February 15, 2008

“Phillips Highway Office Park Sells for $16M,” - The Jacksonville Business Journal, November 21, 2005

“1031 Exchanges Explained,” - The Mid Atlantic Real Estate Journal, August 22, 2005

“You Dirty Rat! Model Rule 8.3 and Mandatory Reporting of Attorney Misconduct,” - The Georgetown Journal of Legal Ethics, October 15, 1994

Seminars

The Opportunity Zone Program: Tax and Economic Benefits Through "Qualified Opportunity Funds" (QOFs) - Speaker, Boston Opportunity Zone Summit, March 20, 2019, Boston Marriott Newton Hotel, Newton, MA
2017 New England Business Brokers' Association Annual Meeting, Westborough MA (Keynote Speaker)
2016-2017 DST Seminar Series, Palm Beach and Boca Raton, FL (Keynote Speaker)
2015 NSCP Regional Meeting, New York, NY
2014 NSCP Annual Meeting, Washington, DC
2014 REISA Annual Meeting, San Diego, CA
2014 NSCP Regional Meeting, New York, NY
2013 Red Flag Seminar, New York, NY
2006 IMN Conference, New York, NY
2005 - 2007 TICA Symposia, Las Vegas, NV, Salt Lake City, UT and San Diego, CA

Memberships

BBA (Boston Bar Association)
NSCP (National Society of Compliance Professionals)
SIFMA (Securities Industry & Financial Markets Association)
ADISA (Alternative & Direct Investment Securities Association)

Admissions

Florida
United States District Court for the Southern District of Florida
United States District Court for the Middle District of Florida
United States District Court for the Northern District of Florida
The District of Columbia
The United States Tax Court
Massachusetts, Candidate for Admission on Motion

Education

Georgetown University Law Center
LL.M., Securities Law and Financial Regulation
Dean’s List Honors
CALI Excellence for the Future Award in the Field of Financial Accounting for Attorneys

Georgetown University Law Center
LL.M., Taxation
President of the Tax Council
Advisor to The Tax Lawyer, The Official Publication of The American Bar Association

Georgetown University Law Center
J.D., cum laude
Dean’s List Honors
Editorial Staff – Georgetown Journal of Legal Ethics

Boston University
B.A., Sociology, with Distinction
Graduated magna cum laude
Phi Beta Kappa
Dean’s List Honors
Golden Key