Cases
Representative Matters: National Food Wholesaler v. Local Food Wholesaler
Former Employees of National Wholesaler (2004): Successfully opposed a motion for preliminary injunction filed by a national food wholesaler against former employees
client/new employer.
Former Executive v. Wholly Owned Subsidiary of National Bank (2004): Represented a bank in a jury trial involving a former executive's claim for phantom stock in the bank's subsidiary.
Former Employee v. Local Food Company (2005): Represented a local food company in a jury trial involving allegations of harassment
discrimination
successfully dismissed 5 of 6 original counts against the company.
Former Executive v. International Software Company (2005): Successfully moved to dismiss the executive's claim for unpaid wages under the Massachusetts Wage Act on basis that commissions allegedly owed to the executive did not constitute wages under the Act.
Former Employee v. Division of Unemployment Assistance
Local Private Educational Institution (2005): Co-counsel with Division of Unemployment Assistance
successfully moved to dismiss the plaintiff's motion to reopen the Division's administrative record
affirm the Division's decision to deny the plaintiff's claim for unemployment benefits.
Mortgage Company v. Former Employee (2006): Successfully obtained a preliminary injunction against a former employee of a mortgage loan company who resigned from client employer while in possession of confidential information
trade secrets.
Former Employee v. National Trucking Company (2007): Successfully moved to dismiss a former employee's claim for race
sex harassment
discrimination against an interstate trucking company.
Former Executive v. Nationwide Travel Company (2007): Successfully moved to dismiss a former executive's claim for violation of M.G.L. c. 93A against a national travel company, ultimately resulting in a favorable case settlement.
Former Executive v. Local Software Company (2008): On behalf of a former executive, successfully moved for trustee process attachment against an IP-based communications services company, ultimately resulting in a favorable case settlement.
Regional Staffing Company v. Massachusetts Division of Unemployment Assistance (2010): Following a full evidentiary appeal hearing, overturned the Division determination of over $200, 000 liability for employer contribution under the Massachusetts Fair Share Contribution Law.
National Office Services Company v. Massachusetts Division of Unemployment Assistance (2011): Following a full evidentiary appeal hearing, overturned the Division determination of over $800, 000 liability for employer contribution under Massachusetts Fair Share Contribution Law.
Former Employee v. National Law Firm (2011): Successfully obtained a finding of lack of probable cause from MCAD, dismissing a former employee's claim for sexual harassment against a national law firm.
Former Employee v. International Mobile Network Software Provider (2012): Following a full evidentiary hearing, successfully moved to dismiss a former employee's claim of national origin harassment
discrimination against a corporate defendant
two individual officers.
Former Employer v. National Technology Management Company (2013): Following a full evidentiary hearing, successfully opposed
dismissed case against former employee
new employer for breach of noncompetition covenant, based on emerging material change doctrine under Massachusetts law.
Former Employee v. International Mobile Network Software Provider (2013): Following oral argument before Massachusetts Court of Appeals, successfully reaffirmed lower court dismissal of former employee's claim of national origin harassment
discrimination against corporate defendant
two individual officers.
National Transportation Company v. Employee (2013): Following hearing, successfully obtained court order ruling that claims under the Massachusetts Wiretap Act are not preempted by the National Labor Relations Act,
prohibiting employee from using or disseminating recording of supervisor comments in violation of the Massachusetts Wiretap Act.
National Restaurant Chain v. Massachusetts Division of Unemployment Assistance (2014): Following a full evidentiary appeal hearing
oral argument, court granted extraordinary relief of overturning agency determination of liability against employer,
rem
ing matter to agency for further review pursuant to court order).
