Employment Law and Civil Rights Litigation
We represent management in employment disputes, including discrimination claims, claims arising from executive employment agreements and compensation arrangements, restrictive covenant and trade secret litigation, and wage and hour matters. We counsel employers on labor and employment issues, negotiate and prepare employment and severance agreements, conduct internal investigations, and advise corporate executives on employment and separation issues.
Discrimination and Wrongful Termination Litigation
We have represented many corporations, ranging from Fortune 100 firms to regional and local corporations, partnerships and their principals, in the defense of employment discrimination claims in Massachusetts state and federal trial and appellate courts, the MCAD and the EEOC. Our clients come from many different industries, including computers and high technology, law, mortgage banking, municipalities, higher education, internet commerce, manufacturing, religious institutions and other non-profits.
We have defended claims for discrimination based upon nearly all of the state and federally recognized protected classes as well as the broad range of common law claims that are often pleaded in employment cases. We have litigated claims for breach of executive employment contracts in court and arbitration. We have also litigated wage and hour claims, as well as claims relating to stock option and other equity plans and the denial of employee benefits.
A few of our successes in this area include the following:
- We obtained summary judgment for Warner & Stackpole, LLP (later acquired by Kirkpatrick & Lockhart, LLP) in a handicap and age discrimination claim brought by a former non-equity partner of the firm. The Massachusetts Appeals Court affirmed and the Supreme Judicial Court denied further appellate review. 56 Mass App. Ct. 397 (2002), 438 Mass. 1106 (2003).
- We obtained a declaratory judgment for a synagogue protecting it from the MCAD’s inquiry into a ministerial employment decision on First Amendment grounds. 2009 WL 1668550 (Mass. Super. June 2, 2009).
- We obtained dismissals through summary judgment on claims of age and disability discrimination brought in state and federal court by insurance sales representatives on behalf of a large national insurer.
- We secured the dismissal of discrimination and many other claims asserted against Microsoft Corporation in a failure to hire case. The dismissal was affirmed by the United States Court of Appeals for the First Circuit. 248 F.3d 1127 (1st Cir. 2000).
- Alan Rose represented Anheuser-Busch in a precedent-setting case, which defined the standards for awarding punitive damages in the First Circuit, and which resulted in a substantial reduction ($2.7 million) in a verdict against the client in litigation tried by predecessor counsel. 832 F.2d 194 (1st Cir. 1987).
- We obtained summary judgment for the City of Everett and its Mayor, in a case brought by the City’s Cable TV Director for political discrimination and wrongful discharge. The federal district court granted summary judgment and the Court of Appeals for the First Circuit affirmed. Rosenberg v. City of Everett, 328 F.3d 12 (1st Cir. 2003).
- We have obtained dismissals of charges of discrimination filed in the MCAD and EEOC (both in Massachusetts and elsewhere) based on a broad range of discrimination claims.
Restrictive Covenant and Trade Secret Litigation
We have been New England regional counsel to Morgan Stanley Smith Barney for the past 12 years representing the firm in restrictive covenant, trade secret, and “raiding” litigation and arbitration before FINRA (formerly NASD). We also represent the firm in matters involving financial advisor compensation. We also represent Banc of America Financial Services, Inc., U.S. Trust, Ameriprise Financial, Edward Jones and other national financial services firms in similar matters. We have secured preliminary injunctions in several states, and represent these firms before FINRA, where we have prevailed on claims for permanent injunctive relief. We have also represented, among many others, insurance brokers, mortgage lenders, software and technology companies, executive recruiters and corporate executives in the prosecution and defense of non-competition, non-solicitation, employee piracy, theft of trade secret and related claims.
Employment Law Counseling
We advise corporations on many different issues which arise in the hiring and termination of employees, including various day-to-day employment law compliance issues. We also draft policies and procedures, handbooks, and employment and severance agreements.
Employment and Separation Agreements
We have represented many highly-placed executives in the negotiation of employment and severance agreements. Our clients have included CEO-level executives, financial industry professionals, sales executives, and scientists, among others.
Alan D. Rose has lectured at MCLE and has authored many articles over the past 15 years on employment law topics, including discrimination, ERISA, wrongful discharge, handbook claims, non-payment of wages, statistical evidence, and damages.