Employment litigation – cases of note
Non-Competition and Non-Solicitation Agreements
Represented Massachusetts human resources software company in action against former executive vice president and new employer for breach of non-competition agreement. Obtained temporary restraining order barring former employee from working for new employer. After expedited discovery and trial, obtained final judgment enforcing non-competition and non-disclosure obligations, and monetary settlement from new employer.
Represented New Hampshire millwork company in action against former Massachusetts sales representative for breach of contractual non-competition, non-solicitation, and confidentiality obligations. Obtained preliminary injunction barring sales representative from soliciting client’s customers within prior sales territory for one year and enforcing non-disclosure and confidentiality obligations.
Defended periodontist in suit filed by former employer alleging breach of non-competition agreement. After filing shareholder derivative counterclaim and claims against fellow 50% shareholder, plaintiff dropped all claims against client with prejudice.
Defended four employees located in multiple jurisdictions against claims by former employer alleging breaches of non-competition and non-solicitation agreements. Avoided litigation after negotiations with former employer’s counsel.
Discrimination & Harassment Claims
Defended charter tour company before Massachusetts Commission Against Discrimination in action by former employee alleging wrongful discharge, disability discrimination (pregnancy), and violation of Family and Medical Leave Act. Obtained finding of no probable cause.
Defended Minnesota-based company against federal lawsuit in Georgia by former salesperson alleging race and sex discrimination. After moving to dismiss, obtained voluntary dismissal of case.
Defended dental practice, three dentists, and office manager before Massachusetts Commission Against Discrimination in action by former employee alleging bipolar discrimination, retaliatory discharge and Wage Act violations. Obtained favorable settlement after mediation of claims.
Successfully negotiated reasonable accommodation for university employee suffering from acute respiratory illness caused by university’s construction projects.
Wage & Commission Claims
Defended high-technology company in litigation filed by former employee who alleged breach of employment agreement, violation of Massachusetts Wage Act and sought payment of commissions. Obtained settlement after state court litigation and associated mediation.
Defended former software company executive against claim seeking to hold him individually liable under Massachusetts Wage Act for alleged failure to pay former employee salary and bonuses. Case settled after parties filed for summary judgment.
Obtained treble damages and attorneys’ fees for several employees in lawsuit regarding employer’s knowing and willful failure to pay wages in violation of Massachusetts Wage Act and retaliatory firing.
Defended Minnesota company in administrative wage claim filed in California by former senior sales executive seeking post-termination sales commissions and represented company in declaratory judgment action in Minnesota against executive. After obtaining determination from California Labor Commission that it would not consider executive’s wage claim and denial by Minnesota court of executive’s motion to dismiss, case settled.
Defended CEO and CFO of information technology company in Massachusetts state court action by former consultant alleging violations of Massachusetts Wage Act and Independent Contractor Law and seeking mandatory treble damages. After negotiations concerning applicability of statutes to consultant, who never worked in Massachusetts, obtained favorable settlement.
Represented California-based provider of media marketing measurement services and DVD security technology in Wage Act claim by former chief sales officer. Obtained settlement after persuading California Labor Commission not to pursue claim.
Wrongful Termination/Breach of Employment Agreement Claims
Represented company in arbitration of $3.5 million claim by former CEO for (i) change of control bonus in the form of stock options, (ii) unvested stock options, and (iii) damages for breach of fiduciary duty/defamation in connection with termination other than for cause. Obtained settlement after mediation.Represented former executive director of Massachusetts quasi-public authority which merged into another agency by statute. Filed suit when combined agency refused to make severance payment that was due client upon elimination or consolidation of executive director position. After denial of agency's motion to dismiss, extensive discovery and mediation, case settled on favorable terms.
Represented former executive director of Massachusetts quasi-public authority which merged into another agency by statute. Filed suit when combined agency refused to make severance payment that was due client upon elimination or consolidation of executive director position. After denial of agency's motion to dismiss, extensive discovery and mediation, case settled on favorable terms.
Defended former head of coal trading company in lawsuit by former employer for breach of contract and misappropriation of confidential information. After discovery regarding absence of damages, obtained favorable settlement.Represented former chief executive officer of major electronics company in claims for wrongful termination and breach of employment contract. Obtained settlement after demand letters and negotiations with company counsel.
Represented former chief executive officer of major electronics company in claims for wrongful termination and breach of employment contract. Obtained settlement after demand letters and negotiations with company counsel.
Represented one of world’s largest digital and direct marketing service providers in investigating former employee’s preparation of fraudulent purchase orders whereby company acquired excess quantity of computer components, thereby converting hundreds of thousands of dollars to employee’s personal use and resale. Matter was resolved after former employee entered into plea agreement with local district attorney’s office and insurance company agreed to reimburse significant percentage of property loss (computer equipment) sustained by company.
Representing former partner of investment services company in dispute regarding millions of dollars owed for buyback of ownership interest, where company contends partner breached separation and confidentiality agreements by sharing buyback information with another partner leaving company.
Represented non-profit organization in negotiation of separation agreement with executive director, defending against claims of wrongful termination.
ERISA Cases
Defending investment trust and trustees in federal lawsuit against claims, mischaracterized as arising under ERISA, for allocation of trust management fee and trustee compensation.
Represented regional wholesale distributor of plumbing and HVAC supplies in multi-district litigation against institutional investment advisers acting as fiduciaries for company’s retirement plan for violations of ERISA and Massachusetts Securities Act based on advisers’ misrepresentations regarding risk level of investment fund which had invested heavily in subprime mortgage-related securities. Through mediation and extended negotiations, obtained seven-figure settlement for clients.
Represented public company, key executives and deferred compensation plan in federal lawsuits in Philadelphia, San Francisco, New Orleans and Washington D.C. regarding “top hat” status of plan and participants’ rights to account balances under ERISA. After several rulings in favor of clients, claims of all participants settled on favorable terms.
Successfully defended former executive of tech company against company’s effort to retain and recoup executive’s retirement funds and compensation in separation from company.