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Lawrence J. Casey

Practice Focus and Experience

Lawrence Casey practices in the Business Law, Employment, and Litigation areas. He has more than 30 years of experience successfully litigating complex employment-related matters on behalf of executives, professionals, and employers in trials in state and federal courts, arbitrations, and agency hearings. Larry has also argued appeals before the First Circuit Court of Appeals, Massachusetts Supreme Judicial Court, and Massachusetts Appeals Court. His representation of individuals in court, arbitrations, and mediations has resulted in numerous judgments and settlements in excess of a million dollars.

Larry also has extensive experience negotiating complex executive employment and transition agreements in various industries, including mergers and acquisitions, change-in-control agreements, non-competition and non-solicitation agreements, lift-outs and incentive/equity compensation. He advises executives concerning the numerous and varied documents that are often used to memorialize their compensation packages, including employment agreements, stock and option plans and agreements, long term incentive plans, deferred compensation agreements, promissory notes, pledge agreements, redemption agreements, partnership or limited partnership agreements, limited liability company agreements, and expatriation and repatriation agreements regarding overseas assignments.

Prior to joining Davis Malm, Larry was a co-founding partner of Shilepsky Hartley Robb Casey Michon LLP.

Representative Matters

Obtained almost $1 million in settlement of gender discrimination claim on behalf of a female executive in the financial services industry.
Obtained a significant arbitration award on behalf of a high-level executive concerning a claim for contractually-guaranteed severance.
Served as co-counsel through public hearing at the Massachusetts Commission Against Discrimination of the precedent-setting case of MCAD v. Stonehill College, which was named in Massachusetts Lawyer's Weekly as the "Most Important Decision of 2004."
Obtained a defense verdict in Massachusetts Superior Court in favor of a multinational high-tech services company and its Chief Financial Officer in a case involving discrimination and retaliation claims brought by a former senior executive seeking a seven-figure award.
Tried one of the first Sarbanes-Oxley whistleblower cases filed in the Boston regional office of the U.S. Department of Labor.
Successfully prosecuted and defended numerous motions for injunctive relief concerning non-competition and non-solicitation agreements in the state and federal courts.
Successfully negotiated employment contract for CEO of publicly traded company.

Representative Reported Cases

MCAD v. Stonehill College, 441 Mass. 549 (Supreme Judicial Court, 2004) - The court affirmed the correctness of its holding in Dalis v. Buyer Advertising, Inc., 418 Mass. 220 (1994), that article 15 of the Massachusetts Declaration of Rights entitles plaintiffs with sex discrimination in employment claims filed in the Superior Court pursuant to G.L. ch. 151B, section 9, to a trial by jury. Held that respondents who have been determined by the Massachusetts Commission Against Discrimination in an administrative proceeding under G.L. ch. 151B, section 5, to have committed discriminatory acts in employment are entitled to administrative review, under G. L. ch. 30A, of that decision only, overruling in part the decision in Lavelle v. Massachusetts Commission Against Discrimination, 426 Mass. 332 (1997), that such respondents are entitled to a jury trial de novo on the discrimination claims asserted against them.

Professional

Distinctions: Selected Chambers USA Leading Lawyer 2019, Recognized Practitioner, 2018; Best Lawyers in America, 2015-2019; Peer Review AV^® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2004, 2006-2018 (Top 100 Massachusetts Super Lawyers 2018).
Admitted: Massachusetts, Colorado, Hawaii, United States District Courts for Massachusetts and Hawaii, Court of Appeals for the First Circuit, United States Tax Court.
Elected Fellow: College of Labor and Employment Lawyers.
Member: Boston Bar Association; Massachusetts Bar Association; Hawaii State Bar Association; Board of Bar Examiners, State of Hawaii (1989).

Community Involvement

New England Business Association (f/k/a Smaller Business Association of New England): Technology and Innovation Committee: Member (2016-present).
Boston College Club: Member (2014-present); Membership Committee (2016-present).
Andover School of Montessori: past Board of Directors; past Board of Directors President.

Publications and Speaking Engagements

BigLaw Forced Arbitration Expected To Survive Amid #MeToo, Law360, April 2019, Lawrence J. Casey (quoted)
Appeals Court reinstates $1M executive compensation verdict, Massachusetts Lawyers Weekly, November 2018, Lawrence J. Casey (quoted)
Courtroom Presence: Dispositive Motions, Rule 16 and Pretrial Conferences, Massachusetts Continuing Legal Education, 2018, Lawrence J. Casey (panelist)
Plaintiffs' bar seeks options after 'Epic' win for employers, Massachusetts Lawyers Weekly, June 2018, Lawrence J. Casey (quoted)
The Amended Massachusetts Equal Pay Act, Cannabis Business Executive, June 2018, Lawrence J. Casey (author)
Massachusetts Employment Law, Chapter 28, "Privacy in the Workplace: An Employee Perspective," Massachusetts Continuing Legal Education, 2017, Lawrence J. Casey and Robert M. Kaitz (co-authors)
To Text or Not to Text, Legal Management, 2017, Lawrence J. Casey (quoted)
Cybersecurity and Data Privacy Best Practices, Smaller Business Association of New England, 2017, Lawrence J. Casey (moderator)
Practical IP Solutions for Start-Ups and Small Businesses, Smaller Business Association of New England, 2016, Lawrence J. Casey and Richard L. Sampson (co-presenters)
The impact new overtime regulations will have on businesses and their employees, Radio Entrepreneurs (13:30), 2016, Lawrence J. Casey (podcast interview)
Discussing politics in the workplace and employment policies to keep in mind, Radio Entrepreneurs (13:14), 2016, Lawrence J. Casey (podcast interview)
Diversity, Unconscious Bias and Employer Liability, CUPA-HR Eastern Region Conference, 2016, Lawrence J. Casey (panelist)
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)
Start up employment laws and ownership interest, Radio Entrepreneurs (13:54), 2015, Lawrence J. Casey (podcast interview)
Massachusetts Employment Law Manual, Chapter 17, Part II, "Privacy In The Workplace: A Plaintiff’s Perspective," Massachusetts Continuing Legal Education, 2013 supplement, 2011 supplement, 2009 edition, 2008 supplement, Lawrence J. Casey (coauthor)
What You Need to Know About Deferred Compensation Plans, Boston Bar Association, 2012, Lawrence J. Casey (co-presenter)
Evolution of Employment Claims Under the Massachusetts Civil Rights Act, Boston Bar Association, 2010, Lawrence J. Casey (co-presenter)
Executive Employment: Selected Issues and Answers from the Perspective of the Executive’s Employment Lawyer, Massachusetts Continuing Legal Education, 2007, Lawrence J Casey (coauthor)
Domestic Violence Issues in the Workplace, Boston Bar Association, 2007, Lawrence J. Casey, (presenter)
Moving Beyond the Start-Up: Key Concerns of Founders During Transition, Massachusetts Continuing Legal Education, 2006, Lawrence J. Casey (coauthor)
Advising the Maturing Business: Moving Beyond the Start-Up, Massachusetts Continuing Legal Education, 2006, Lawrence J. Casey, (co-presenter)
Current Trends in Executive Agreements and Compensation, VPOG (Vice Presidents of Operations Group), 2005, Lawrence J. Casey (presenter)
You Be the Judge-An HR Courtroom Drama, Northeast Human Resources Association, 2005, Lawrence J. Casey, (co-presenter)
Employment Discrimination and Electronic Discovery, Massachusetts Continuing Legal Education, 2005, Lawrence J. Casey, (presenter)
Effective Discovery in Employment Litigation, Massachusetts Continuing Legal Education, 2005, Lawrence J. Casey, (co-presenter)

Videos

2019 Employment Law Seminar (1:31:32)
Presented By Lawrence J. Casey, Emily P. Crowley, Robert M. Kaitz, Tamsin R. Kaplan and David M. Rogers
Larry Casey, Emily Crowley, Robert Kaitz, Tamsin Kaplan, and Dave Rogers discuss some of the hot topics surrounding employment laws, including the Massachusetts Non-Competition Agreement Act, HIRD forms, paid family and medical leave, minimum wage and overtime requirements, the Massachusetts Wage Act, employee disabilities, the new EEO-1 form, the BRAVE Act, and news from the Massachusetts State House.

Non-Compete Agreements under the MA Non-Competition Agreement Act (0:17:21)
Presented By Lawrence J. Casey
Larry Casey provides an overview of the Massachusetts Non-Competition Agreement Act, which took effect on October 1, 2018. Larry explains the definition of a non-competition agreement under the Act, as well as minimum requirements for enforceability.

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