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Gary M. Feldman

Practice Focus and Experience

Gary Feldman practices in the Business Law, Employment, and Litigation areas. Gary advises employers and business executives on all aspects of employment-related issues, policies and compliance, from recruitment and hiring to termination and workforce restructuring. He regularly litigates employment issues before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination and in federal and state courts. He also regularly negotiates executive employment agreements, non-competition agreements, intellectual property agreements, and severance agreements. In the course of his litigation practice, Gary has represented individuals, stockholders, and private and public corporations before federal and state trial courts, appellate courts, arbitration panels, and alternative dispute forums throughout Massachusetts and New England. He also has extensive experience in a wide variety of business and commercial litigation matters.

Representative Matters

Represented a multimedia company in obtaining a preliminary injunction against a former executive for breaches of fiduciary duty and non-competition agreement.
Represented the plaintiff-appellee at the U.S. First Circuit Court of Appeals in obtaining affirmance of substantially all of the district court judgment in excess of $4 million in an employment retaliation case.
Won an appeal at the Supreme Judicial Court reversing a seven figure handicap discrimination jury verdict and dismissal of the case against our employer-client.
Successfully defended a corporation and two of its employees in Norfolk Superior Court against a motion by competitor for a preliminary injunction for the alleged violation of a non-competition agreement.
Successfully represented a distinguished university tenured professor in arbitration proceeding concerning disciplinary action.
Prosecuted and defended numerous Federal and Superior Court actions involving employee non-compete agreements in a wide variety of industries, including high technology, employee staffing, manufacturing, banking, and wholesale produce brokerage.
Acted as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination.
Acted as lead trial counsel in the first decision in Massachusetts setting standards under which overweight is considered a handicap.
Represented numerous senior level executives in negotiation and preparation of executive employment and compensation agreements in a variety of high technology and financial businesses.

Representative Reported Cases

Alicea v. North American Central School Bus, LLC (D. Mass. 2017) - Obtained dismissal of all counts on behalf of employer facing claims for alleged age, gender, and race discrimination and retaliation.
Trainor v. HEI Hospitality, LLC, 699 F.3d 19 (1st Cir. 2012) – Decision substantially upholding jury verdict and district court judgment in employee retaliation case.
Everett v. The 357 Corp., 453 Mass. 585, 904 N.E. 2d 733 (2009) – On direct appeal before the Supreme Judicial Court, obtained reversal of a seven figure handicap discrimination jury verdict and complete dismissal of case on behalf of employer-client.
Workgroup Technology Corp. v. MGM Grand, LLC, 246 F. Supp. 2d 102 (D.Mass. 2003) – In this federal court action, Workgroup Technology prevailed against MGM Grand's motion to dismiss or to transfer the case to Nevada, which would have been a costly and inconvenient forum for our Massachusetts-based client. The case settled thereafter.
FLEXcon Co., Inc. v. McSherry, 123 F. Supp. 2d 42 (D. Mass. 2000) – Prevailed in defeating a motion for preliminary injunction that would have prohibited our client from taking a management position with a competitor of his former employer. Argued successfully that client's former employer would be unlikely to establish that the non-competition agreement was enforceable and that the former employer could not establish irreparable harm because client's new job was a management position, not sales.
Doe v. Bell Atlantic Business Systems, Inc., 162 F.R.D. 418 (D. Mass. 1995) – Prevailed in establishing that a plaintiff in a federal court sexual harassment action had not presented a compelling case so as to permit her to proceed anonymously. Only in the most exceptional cases regarding privacy may a plaintiff—who initiates an action—proceed using a fictitious name.
Fortune Management, Inc. v. Bly, 118 F.R.D. 21 (D. Mass. 1987) – Prevailed in persuading the federal district court in Massachusetts to deny the defendant's motion to have his deposition taken in Virginia or in Washington D.C. rather than Massachusetts. Argued successfully that because the defendant filed a counterclaim that he was not required by law to file, he should be considered to be a plaintiff who may be deposed in the forum in which the action is pending.

Professional

Distinctions: Selected Chambers USA Leading Lawyer 2013-2019; Best Lawyers in America, 2018-2019; Peer Review AV^® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2004, 2006-2018.
Admitted: Massachusetts; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit.
Member: Massachusetts Bar Association; Boston Bar Association.

Publications and Speaking Engagements

Pot Still a No Go For NFL Players, Despite Legalization, WGBH, January 2019, Gary M. Feldman (quoted)
Marijuana in the Workplace: The Stakes are Getting Higher, New England In-House, 2017, Gary M. Feldman and Robert M. Kaitz (co-authors)
Southern Massachusetts Chapter Meeting, Cooperative Credit Union Association, Inc., 2015, Gary M. Feldman (presenter)
Central Massachusetts Chapter November Meeting, Cooperative Credit Union Association, Inc., 2015, Gary M. Feldman (presenter)
Navigating Employment Law Issues Between the United States and Canada, New England-Canada Business Council, 2015, Lawrence J. Casey, Gary M. Feldman, and Tamsin R. Kaplan (co-presenters)
Human Resource Network Meeting, Cooperative Credit Union Association, Inc., 2015, Gary M. Feldman (presenter)
Time Away from Work/Leave of Absence Policies, Massachusetts Continuing Legal Education, 2014, Gary M. Feldman (co-presenter)
New Developments in Employment Law, Davis, Malm & D’Agostine, P.C., 2013, Tamsin R. Kaplan and Gary M. Feldman (co-presenters)
Traps for the Unwary Employer, BNY Mellon, 2012, Tamsin R. Kaplan and Gary M. Feldman (co-presenters)
Get Smart or Get Sued®: Traps for the Unwary Employer, Davis, Malm & D’Agostine, P.C., 2012, Tamsin R. Kaplan and Gary M. Feldman (co-presenters)
Job Law - Case by case, a look at decisions and their impact, Boston Business Journal, 2011, Tamsin R. Kaplan and Gary M. Feldman (quoted)
Tuition Reimbursement - What is the Price You Really Pay?, Boston.com, 2011, Gary M. Feldman (quoted)
Pay Equity After 'Goodyear': Can Employers Afford to Relax?, Massachusetts Lawyers Weekly, Judith Ashton and Gary M. Feldman (coauthors)
Those with Specific Skills Still Have Tools Applicable to Other Jobs, The Boston Globe, Gary M. Feldman (quoted)
Jumping the Gun on Weight Discrimination, The Boston Globe, Judith Ashton and Gary M. Feldman (coauthors)
Workplace Privacy, Human Resources, Winter 2006, Judith Ashton and Gary M. Feldman (coauthors)
Massachusetts Same-Sex Marriage Ruling Creates Groundbreaking Issues in the American Workplace, New England In-House, Judith Ashton and Gary M. Feldman (coauthors)
Massachusetts Same-Sex Marriage Ruling Creates Groundbreaking Issues in the American Workplace, Employee Relations Law Journal, Winter 2004, Judith Ashton and Gary M. Feldman (coauthors)

Videos

2018 Employment Law Seminar (1:36:35)
Presented By Lawrence J. Casey, Gary M. Feldman, Robert M. Kaitz, Tamsin R. Kaplan and David M. Rogers
Larry Casey, Gary Feldman, Robert Kaitz, Tamsin Kaplan, and Dave Rogers discuss some of the hot topics surrounding employment laws, including pay equality, the Massachusetts Pregnant Workers Fairness Act, sexual harassment in the workplace, employment law issues in the Trump era, the legalization of marijuana, and insights from the Massachusetts State House.

Employment Law Issues in the Trump Era (0:23:29)
Presented By Gary M. Feldman
Gary Feldman explores the changes to employment laws under the Trump administration, including the composition of the NLRB, employee handbook provisions, joint-employer status, and the current status of overtime regulations.

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