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 Labor & Employment: Massachusetts
Labor & Employment: Mainly Plaintiffs Representation: Massachusetts 

Labor & Employment: Massachusetts

THE FIRM This five-partner group continues to impress with its first-rate advice and excellent client service. It has considerable experience in classic collective bargaining negotiations and also regularly advises on employment discrimination disputes and wage and hour matters. Notable clients include Bain Capital and The Timberland Company.

Sources say: "The firm really understands its clients' needs and perspectives, and then solves issues with those perspectives in mind." "The firm's lawyers have a high level of expertise, are efficient with their time and can handle the most complex matters."

KEY INDIVIDUALS Robert Gordon is widely considered to be an "extraordinary lawyer" with an "outstanding reputation" in the field. He is currently representing EnerNOC in the prosecution of a noncompetition and misappropriation of trade secrets lawsuit.

The highly regarded David Mandel focuses on union-related matters, and has particular expertise in the healthcare and media sectors.

Diane Patrick is "very adaptable to her client's position and can transmit difficult information in a very articulate, human way," comment observers. She acts for a core client base of nonprofit, educational and healthcare institutions.

Heading up the department is Peter Ebb, a "responsive, meticulous and practical" attorney whose "in-depth knowledge of both labor and employment law means he can handle esoteric questions and non-routine matters," say sources.

THE FIRM Seyfarth Shaw's stellar Boston employment team has a wealth of experience in defending employers against complex litigation, and recently obtained the complete dismissal of a hospital wage and hour collective action brought against Caritas Christi. The attorneys' expertise further extends to workplace counseling, affirmative action compliance and union-management labor relations. 

Sources say: "The partners are accessible and helpful, and you really feel the whole team is working together to service the client." "A premier firm with in-depth knowledge across the entire spectrum of employment law."

KEY INDIVIDUALS "Tough-minded and a strong writer," Richard Alfred "clearly lays out a strategy, so that it is easily understandable for clients," say sources. He has particular experience in advising on alleged off-the-clock wage and hour violations in the healthcare sector.

When it comes to Arthur Telegen, observers note that "the depth and breadth of his labor knowledge is really limitless." His client portfolio includes SuperMedia and Verizon Communications.

Lisa Damon is national chair of the firm's labor and employment practice and attracts praise for her client relationship management and excellent responsiveness. She has core expertise in discrimination and harassment litigation.

When asked about Ariel Cudkowicz, one client was quick to assert: "I'm confident that things are being handled effectively when he is on the case." Cudkowicz is noted for his representation of clients in the retail sector, where he has achieved considerable success advising on tip law claims.

Recently made partner Barry Miller is a rising star within the practice. He has developed an impressive body of experience advising on class actions and wage and hour disputes, and also demonstrates niche expertise in mortgage loan officer classification cases.

Since publication, Patrick Bannon has moved to the firm from McCarter & English. He is singled out as a strong strategist and "a forceful advocate for his client's position." He has handled disputes relating to the enforcement of noncompetition and confidentiality agreements, as well as wage and hour and discrimination claims.

THE FIRM Clients appreciate that Foley Hoag offers a strong labor and employment bench, as well as the ancillary breadth of expertise that comes from being a full-service firm. In Boston, the team handles both traditional labor law and employment litigation matters, and counts CVS Caremark, Dominion Energy and Fairmont Hotels & Resorts as key clients.

Sources say: "This practice is extremely knowledgeable and responsive to its clients' needs, and offers a wide scope of expertise." "The firm has a nice combination of having the resources of a big firm without being overly bureaucratic. All of the lawyers are very smart and have produced high-quality work."

KEY INDIVIDUALS Market commentators agree that department chair James Bucking is a "major player" for union-related matters. His recent representative work includes advising a company in dispute with a union over alleged picket line violence and other unlawful picketing activity.

Michele Whitham "navigates problems not only for the best immediate outcome, but also with the client's long-term strategic management in mind," say sources. Her practice has a particular focus on employment litigation, including workplace data security issues.

Michael Rosen is "very practical and easy to work with" and "does well at managing clients' expectations and keeping them informed of the progress of a matter," interviewees attest. He specializes in issues relating to noncompetition and nondisclosure employment agreements.

THE FIRM This well-regarded five-partner group represents management-side clients in a wide range of matters, from the enforcement of noncompete obligations to labor arbitration proceedings and litigation under the FLSA. While the firm's client base spans a broad spectrum of sectors, it has a particularly strong track record working with technology and financial services companies.

Sources say: "We have been very pleased with the quality of this firm's work and its responsiveness."

KEY INDIVIDUALS Wilfred Benoit is acknowledged as a pragmatic attorney with impressive problem-solving skills. His recent body of work includes advising on whistleblowing allegations and claims of disability discrimination.

There is little doubt among market sources that James Nagle is a "top-tier" lawyer in the field. He chairs the firm's labor and employment practice, and has a broad-based practice spanning senior executive representation as well as collective bargaining, OSHA and wage and hour issues.

Robert Hale is described by sources as "thorough, responsive and timely." He regularly advises clients on layoff matters, employee retention programs and employment policies.

Bradford Smith enjoys a strong reputation, especially with respect to his work on class action wage claims.

THE FIRM This boutique firm is a clear client favorite, and has an excellent reputation for providing both high-quality legal advice and excellent value for money. The attorneys' comprehensive expertise encompasses workplace discrimination and harassment litigation, labor-management relations and noncompetition agreements. Macy's, The Home Depot and General Dynamics are all notable clients.

Sources say: "They have a deep bench of excellent lawyers who thoroughly understand the law and labor practice before courts, administrative agencies and arbitrators."

KEY INDIVIDUALS William Joy is a renowned expert on traditional labor law matters. He recently advised Macy's on the negotiation of a new five-year labor contract in New York City.

Robert Joy is "very calm, which really makes the client feel at ease and that he will be able to handle any employment-related work very capably," say sources. His practice is national in scope, and spans both employment litigation and labor arbitration and advice.

Sources describe Laurence Donoghue as "a spectacular attorney." He advises both public and private sector clients on union-organizing matters, contract negotiations and workplace claims.

Philip Boyle is endorsed as "a diligent preparer of cases who leaves no stone unturned and offers excellent, practical advice." He has amassed considerable expertise in representing public authorities, such as the City of Boston, in complex contract formation disputes.

The highly regarded Nathan Kaitz maintains a wide-ranging labor and employment practice, regularly representing employers before both the NLRB and in employment litigation in state and federal courts.

Jaclyn Kugell attracts particular praise for her client relationship skills and training programs. She is highly sought after for issues arising under the FLSA, the ADA and the FMLA.

THE FIRM This niche firm specializes in representing management-side clients in employment litigation, labor relations, and security clearance and investigations, both locally and nationally. The practice has expertise across a wide range of industries, including financial services, manufacturing and healthcare.

Sources say: "An excellent boutique firm."

KEY INDIVIDUALS Variously described as "first-rate" and an "extraordinary lawyer," John Welsh is particularly well regarded for his litigation work.

Kenneth Bello is an accomplished attorney with a broad-based practice, incorporating harassment, wrongful discharge and noncompetition disputes as well as labor-management relations.

The fantastic Josiah Black has extensive experience as an employment litigator, and also regularly counsels clients on good management practice and compliance issues.

THE FIRM Jackson Lewis moves up in the rankings this year having won considerable praise for its business-oriented advice and excellent responsiveness. The Boston office houses 13 partners well versed in the full range of labor and employment work, from class actions, complex litigation and e-discovery to trade secret and noncompete issues.

Sources say: "I have been impressed by the depth of both its subject expertise and geographic coverage."

KEY INDIVIDUALS Interviewees laud the fact that Andrew Pickett is a "charming" attorney, yet also "capable of taking a tough stance" when required. They further add: "He makes client service and responsiveness a number-one priority." His practice comprises both employment litigation and workplace counseling.

THE FIRM The Boston office of this national labor and employment boutique remains a popular choice with clients thanks to its extensive network of resources and responsive and efficient service. The team, made up of over 20 attorneys, advises clients such as Tufts Medical Center and TJX Companies on union abuse, employment litigation and preventative programs.

Sources say: "I feel I can throw any employment-related question out there and not only get a quick response, but also a rock-solid answer."

KEY INDIVIDUALS "Very strong attorney" David Casey focuses on employment litigation, from discrimination and noncompetition claims to wage and hour actions.

When it comes to Anthony Rizzotti, interviewees note that "clients love him." Widely recognized as a "terrific lawyer," he has a broad-based practice encompassing collective bargaining negotiations and wage and hour matters.

Adam Forman is "a go-to guy for all employment-related work," say clients. He has experience in both federal and state courts, as well as in international matters.

Gregory Keating cochairs the firm's whistleblower and retaliation practice group. Sources describe him as an "experienced professional" who is "attentive to his clients' needs."

THE FIRM This highly regarded six-partner practice caters to the needs of a wide range of clients, including public and privately held companies in the healthcare, life sciences and technology sectors. Services provided by the team cover wage and hour actions, discrimination claims, noncompete restrictions and trade secret protections and union avoidance.

Sources say: "These attorneys are really high quality, and the team as a whole is extremely nimble in handling a wide array of issues."

KEY INDIVIDUALS Robert Gault is "extremely pragmatic and very forthcoming. As such, he doesn't waste time unnecessarily - he gets right to the central issues while also being very comprehensive," assert interviewees. His client portfolio includes Greater Boston Food Bank and Massachusetts Health and Educational Facilities Authority.

Sources say Bret Cohen "gives great advice - he knows the law incredibly well, understands which paths lead where, and how to prepare for a trial." He has core expertise in noncompetition, non-solicitation and executive compensation agreements.

Donald Schroeder is a rising star within the practice. His recent work includes handling union negotiations on behalf of The Longy School of Music.

THE FIRM Nixon Peabody's broad labor and employment practice handles matters ranging from FLMA and ADA litigation to wrongful discharge and whistleblower allegations. The firm represents companies across the USA from a wide spectrum of industries, including life sciences, manufacturing and nonprofit.

Sources say: "This firm provides excellent, prompt advice."

KEY INDIVIDUALS Gary Oberstein attracts praise for his excellent responsiveness and practical advice. He chairs the firm's wage and hour team.

The "persuasive and effective" David Rosenthal "doesn't let things escalate unduly," say sources. His practice centers on employment litigation, and he has a strong reputation as an excellent courtroom advocate.

THE FIRM The Boston office of this national labor and employment boutique has steadily grown since its inception in 2009, and now numbers 13 lawyers well versed in the full array of labor and employment matters. Recent work for the team includes advising Addison Professional Financial Services on a noncompete case, and representing Comcast in relation to a wrongful termination claim.

Sources say: "I like the fact that the firm has national coverage, and that its individuals are practical, business-oriented attorneys."

KEY INDIVIDUALS  

Deborah Hesford DosSantos has a strong track record for providing practical, well-considered advice: "She doesn't just offer a conservative view, but is also willing to point out the risks of taking a particular approach," say clients. She represents management in complex litigation and contractual negotiations, and has particular expertise in the financial services and medical manufacturing arenas.

Danielle Vanderzanden is a well-regarded employment litigator with experience in both single-plaintiff and class action cases.

THE FIRM While this two-partner Boston team may be smaller than some of its local competitors, its attorneys enjoy an excellent reputation and form an integral part of the firm's well-regarded national practice. The team's expertise spans complex discrimination litigation, wage and hour class actions and union negotiations. Republic Services, The Boston Globe and Massachusetts Bay Transportation Authority are all notable clients.

Sources say: "The firm is very well connected across the NLRB – the attorneys seem to have their fingers on the pulse of that agency."

KEY INDIVIDUALS One interviewee says of Mark Batten: "I would highly recommend him to anyone seeking litigation counsel in the Boston area," while another adds: "He is responsive, pragmatic and team-oriented, and offers excellent legal advice." Batten co-heads the firm's national class/collective action group, and has a wealth of experience advising on wage and hour claims. A recent case in point is his representation of RBS Americas in three putative class actions filed under the FLSA.

Scott Faust is commended for his "ability to quickly determine how to reach an agreement, and then map a strategy to get there." He excels in traditional labor relations and collective bargaining negotiations, and acts for a number of national industrial clients, including RG Steel and DTE Energy.

THE FIRM This impressive group counsels clients on employment policies and agreements, as well as labor and employment disputes. In the past year, it has acted on several noncompete and unfair competition cases, and has also advised on the negotiation and administration of collective bargaining agreements. Clients include The Boston Celtics and Hasbro.

Sources say: "An established firm with an excellent reputation."

KEY INDIVIDUALS Jonathan Rosenfeld is adept at handling complex work, from employment discrimination litigation to traditional labor law dealing with unions. In one recent matter, he successfully negotiated a collective bargaining agreement on behalf of the Marine Biological Laboratory. 

Neil Jacobs ticks a number of boxes for clients, who describe him as "attentive, responsive, proactive and smart." His labor and employment experience spans a range of sectors, including technology, life sciences, healthcare, education and retail.

THE FIRM Davis, Malm & D'Agostine is noted for the breadth of its labor and employment practice, which houses experts in both management and employee representation. Alongside a comprehensive counseling service, which provides advice on compensation issues, employee privacy and reductions in force, the firm also has a strong track record in dispute resolution before governmental agencies and state and federal courts.

Sources say: "These attorneys are attentive, thorough and unrelenting."

KEY INDIVIDUALS Gary Feldman is a key contact.

THE FIRM This accomplished boutique specializes in litigation and management-side labor and employment representation, from advising employers on how to deal with unions to defending discrimination and class action cases. The team has developed a wide-ranging client portfolio, encompassing public and privately held companies, education institutions and healthcare providers.

KEY INDIVIDUALS Seasoned expert Jeffrey Hirsch has a broad base of expertise, which covers traditional labor issues, litigation matters, regulatory body proceedings and in-house educational training.

Catherine Reuben remains actively involved in the Massachusetts legal community, and is regularly selected as a speaker on labor and employment issues. Her specific areas of knowledge include noncompetition agreements, disability discrimination, sexual harassment, transgender rights and the use of internet and social media in the workplace.

Market observers single out Jerome Weinstein as "one of the genuinely great senior lawyers in the City."

THE FIRM Holland & Knight's Boston group practices across employment litigation and traditional labor law, with areas of expertise including civil rights, discrimination and retaliation claims, noncompetition and trade secret issues and whistleblower allegations. The firm acts for clients across a range of industries, with particularly notable experience in the education, healthcare and technology sectors. 

Sources say: "Smart, customer-focused lawyers."

KEY INDIVIDUALS Miriam McKendall is a key contact.

THE FIRM Operating from offices in Springfield and Worcester, the attorneys at this excellent boutique are dedicated solely to representing management and employers across the full range of labor and employment issues. The firm acts for both regional and national clients, and elicits particular praise for its excellent responsiveness.

Sources say: "A terrific firm."

KEY INDIVIDUALS Ralph Abbott, the firm's managing partner and head of the labor department, is regarded as "excellent on strategy." He recently advised Danbury Hospital on the successful negotiation of a three-year collective bargaining agreement with the Danbury Nurses Union.

Susan Fentin "doesn't just lay out the law but really advises on its interpretation and how it will affect me as a client," notes one interviewee. Fentin counsels clients on both day-to-day employment matters and employment litigation.

Labor & Employment: Mainly Plaintiffs Representation: Massachusetts

THE FIRM Market sources acknowledge that this specialist firm, made up of five partners and two associates, is leading the way in Boston when it comes to plaintiff-side representation in employment matters. The attorneys have a wealth of experience in advising executives and professionals on employment retention, restrictive covenant and departure agreements as well as workplace discrimination claims.

Sources say: "The firm is very no-nonsense and down-to-business, which is reassuring. It's a case of 'what's your problem' and 'how can we fix it'."

KEY INDIVIDUALS Nancy Shilepsky is widely recognized as a "dean of the plaintiff Bar." A "tough and very skilled negotiator," she inspires confidence in those who engage her, with one client asserting: "She always put my interests first, and made sure that my position was protected."

James Hartley attracts client praise as an excellent attorney with a "strong pragmatic approach." His impressive practice encompasses complex litigation and executive transition matters, such as noncompetition disputes and incentive compensation arrangements. 

Kathy Michon is commended for working in close partnership with her clients and coming up with practical solutions. As one interviewee notes, "she really listened to what I wanted to accomplish, and how we could achieve that." Michon's recent body of work includes representing an executive in a breach of contract dispute.

THE FIRM This firm is dedicated to protecting workers' rights, and has handled numerous wage and hour and other discrimination cases before both federal and state courts. Its client base includes both individual employees and unions, from both the private and public sectors.

Sources say: "One of the best-known plaintiff firms in the state, with an excellent national reputation."

KEY INDIVIDUALS Shannon Liss-Riordan has been at the forefront of cases relating to the protection of tipped employees for some years now, and has a formidable reputation as a very smart and tenacious attorney.

Harold Lichten attracts plaudits for his labor union work. His client base has included firefighter and police unions throughout Massachusetts as well as unions at Verizon.

THE FIRM This firm has long been established as one of the stalwarts of the plaintiff Bar. The attorneys' expertise runs the full gamut of labor and employment-related issues, from age, disability, sex and race discrimination to collective bargaining negotiations.

Sources say: "Excellent, tough lawyers - they represent their clients very well."

KEY INDIVIDUALS Ellen Messing is a key contact.

THE FIRM This impressive practice advises individual employees on employment discrimination and termination, compensation and severance packages, and wage and overtime claims. The firm also displays particular strength in union-side representation, from advice on organizing drives to DOL audits.

Sources say: "A high-quality firm - these attorneys are thoughtful and good at dealing with complex matters. They really know what they are doing."

KEY INDIVIDUALS Market commentators agree that Mary Sullivan is one of the leading plaintiff lawyers in the Boston market. She maintains a broad-based practice, advising employees on employment agreements and employment discrimination litigation, and acting for unions before the NLRB.

The "hugely experienced and pragmatic" Louis Rodriques of Bingham McCutchen LLP is commended for his "strong leadership skills." He cochairs the firm's labor and employment group, and in one recent highlight successfully obtained a defense verdict in a three-week jury trial concerning a $40 million employment discrimination claim.
Thomas Shirley of Choate Hall & Stewart LLP "doesn't just dispense legal advice but partners with his clients to make sound business decisions," say sources. In one recent work highlight, he successfully represented EMC in an employee noncompete dispute.
The highly regarded Russell Beck of Beck Reed Riden LLP has an excellent reputation for his work on trade secret and noncompete issues.
At McDermott Will & Emery LLP, Heather Sussman impresses as a "practical, hands-on and efficient" attorney. She receives particularly high plaudits for her specialist knowledge of privacy and information security issues in the workplace.
Barry Guryan of Epstein Becker & Green PC enters the rankings this year having won client praise for his "diligence and thoroughness," with one interviewee asserting: "He is a very calming influence when difficult issues arise." Guryan's varied experience includes representing management from the healthcare, manufacturing, financial services and telecommunications industries before both federal and state level courts and administrative agencies.
Sara Goldsmith Schwartz of Schwartz Hannum PC has the implicit trust of her clients as "she makes the legalese understandable" and demonstrates excellent interpersonal skills. She is experienced in both employment discrimination litigation and traditional labor relations. At the same firm, William Hannum is regarded as not only "technically excellent" but also "responsive, easy to work with and an excellent listener." He recently defended Wayside Inn against a wage and hour class action.
The "exceptionally bright" Ilene Robinson Sunshine co-leads the employment and benefits group at Sullivan & Worcester LLP. "She is responsive, very knowledgeable and attentive to our needs," say clients. Her areas of expertise span employment discrimination, employee discipline and noncompetition cases.
Market sources have the "highest respect" for Anne Josephson of Kotin, Crabtree & Strong, LLP, an attorney who "clearly knows her stuff." She focuses on employment law and litigation, from sexual harassment allegations to negotiating employment and severance agreements.
Also at Kotin, Crabtree & Strong, LLP, the "terrific" Sharen Litwin has wide-ranging experience across employment law matters, including employees' right to privacy in their use of the internet and e-mail at work.
Ellen Zucker of Burns & Levinson LLP has a hugely accomplished practice advising employees on harassment, discrimination and retaliation issues. She is also well versed in breach of contract matters.
Jody Newman of Collora LLP has a stellar reputation at the plaintiff Bar. She regularly acts for employees from a broad spectrum of industries, including healthcare, pharmaceuticals, financial services and hospitality, on contract disputes, discrimination litigation and separation and severance agreements.
The "business-savvy" Joshua Davis of Goulston & Storrs is "a very pragmatic counselor: he listens well, understands what companies' true goals are and how to find the right solutions," comment observers. He has especially notable experience of advising media clients on employment-related matters.
Since publication, Lori Clark has joined Schwartz Hannum PC from Hinckley, Allen & Snyder in Connecticut. Her practice includes extensive client counseling and employment disputes work. Sources describe her as a "knowledgeable, client-centric, skilled negotiator." 

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam