Overview

Michael “Misha” Rabinowitch’s practice is focused on land use and business litigation.  In land use matters, Misha often represents commercial real estate developers and property owners in connection with obtaining government approvals to permit land development including rezonings, variances, vacations, and plat approvals.  In recent years, Misha’s practice has included working on high profile mixed use and infill projects, such as Ironworks Phase I Mixed Use Development, Ironworks Phase II Boutique Hotel and Retail Development, redevelopment of former AT&T office/switch gear facility, Reliant Building rezoning and associated variances to permit new commercial building, Delicia Restaurant rezoning and variances, and Bent Rail Brewery rezoning and variances.  Misha previously served as Chairman of the Indianapolis Bar Association’s Real Estate and Land Use Committee.  For many years Misha served as a member of the Broad Ripple Village Association’s Land Use and Development Committee.

You can read about Misha’s work here:

• 48 Unit Broad Ripple Apartment Expansion (Rezoning)
• Herron Morton Place Rezoning and IHPC Approval
• $260 Million Bottleworks Mixed Use Development (Land Use Approvals)
• Meridian Kessler, $23 Million Mixed Use Development
• River House Mixed Use Project – Broad Ripple
• Rogers Pools Site Redevelopment – Broad Ripple
• Ironworks Hotel Project – Nora
• Broad Ripple Retail Redevelopment
• Fletcher Place Condominium Development
• 646 Mass Ave. Mixed Use Development
• Judgment affirmed for Ellettsville land owner in easement suit

In addition, Misha often represents national and regional commercial real estate developers and property owners in litigated matters. Those may include land use, boundary disputes, disputes with tenants, condemnation, purchase agreements, and shareholder disputes.  Misha also defends multi-family housing owners and property managers in fair housing discrimination claims.

Misha also represents employers in cases involving sex, age and race discrimination, sexual harassment and the Americans with Disabilities Act.  He is often involved in actions where injunctive relief is sought in non-competition agreements and protection of trade secrets and proprietary information.  He advises and counsels employers on proper employee policies and handling the day-to-day issues that confront human resources professionals.

He has tried cases to the bench and to juries in both state and federal court.  He lectures at employment law seminars and has written several published legal articles.  Misha serves on Wooden & McLaughlin’s management committee.

Experience

• Served as lead counsel to Special Litigation Committee to investigate shareholder derivative claims and prepare Report to the Board of Directors about claims of breach of fiduciary duty, conversion, constructive fraud, and breach of contract.  The litigation involved claims about management’s handling of foreign currency hedging strategies, patent and royalty payments, and squandering corporate assets.  The year-long investigation included over twenty five witness interviews and thousands of pages of source documents.
• Defended minority shareholder in lawsuit that, at its core, involved unwinding numerous long-standing real estate development, management and construction partnerships, and separation of joint interests, particularly regarding a proposed $60 million public-private partnership real estate development project in downtown Indianapolis.
• Obtained favorable decision on behalf of apartment owner following trial before the Indiana Civil Rights Commission’s Administrative Law Judge regarding former tenant’s claims of race discrimination in violation of Fair Housing Act.  The ALJ’s was affirmed on appeal to the full Commission. Obtained defense verdict on behalf of mortgage company in lawsuit brought by former male employee that accused his female supervisor of sexual harassment in violation of Title VII of the Civil Rights Act of 1964.  Introduced into evidence the former employee’s prior lawsuits —a decision affirmed by the Seventh Circuit Court of Appeals.
• Enforced non-competition and confidentiality provisions on behalf of former employer of former employee that went to work for a competitor and attempted to solicit customers of his former employer in the same sales territory.  Near the trial, obtained former employee’s agreement to a permanent injunction precluding him from soliciting former employer’s customers.
• Obtained defense verdict for property owner in quiet title action, following trial on Plaintiff’s claims of adverse possession and defects in the chain of possession.  The trial court’s verdict was affirmed on appeal.
• Obtained dismissal of Indiana Civil Rights Commission charge against apartment project owner of violation of state and federal fair housing laws where apartment owner was accused of race discrimination by accepting rental voucher for white tenants, but not accepting the same rental voucher for black tenants.

Professional Activities

• Member of the Indianapolis and Indiana State Bar Associations
  • Executive Committee – Real Estate and Land Use Indianapolis Bar Association
• Defense Trial Counsel of Indiana (DTCI)
  • Former Board Member and Chairman of DTCI Employment Law Section

Pro-bono service and community involvement including:

• Pro-bono legal services through the Indianapolis Bar Association’s Homeless Project
• 1995 recipient of the Mayor’s Volunteer Partnership Award given for exceptional volunteer contributions to the Indianapolis community
• Board of Directors, Joy’s House Adult Day Service
• Stanley K. Lacy Executive Leadership Series, Class XXXV
• Sagamore American Inn of Court, Treasurer

Articles & Presentations

Speaking Engagements

• Council on Education in Management’s FMLA Update (2001)
• “Taking Depositions”, Lorman Education Services, (August 2003 and 2004)
• “Employment Law A to Z”, Lorman Education Services (March, 2005)
• “Indiana Judges on Evidence: The Tough Issues Argued”, ICLEF (December 8, 2005)
• “Interview Skills Seminar”, Indianapolis Bar Association (September 21, 2006)

Awards & Honors

• “Lawyer of the Year” by Best Lawyers 2018, Litigation – Real Estate, Indianapolis
• “The Best Lawyers in America” ® 2013 – 2019 in the fields of Land Use and Zoning Law and Litigation – Labor and Employment, Land Use & Zoning and Real Estate
• Indiana Super Lawyer in 2011 – 2018, Business Litigation, Land Use/Zoning, Employment Litigation
• Defense Trial Council Received Outstanding Young Lawyer Award (2001)