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


Professional


  • Distinctions: Selected Chambers USA Leading Lawyer 2013-2018; Best Lawyers in America, 2018-2019; Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2004, 2006-2017.
  • 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


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.

News