Tamsin R. Kaplan


Practice Focus and Experience

Tamsin Kaplan is an employment lawyer and business litigator. She has extensive experience representing businesses, executives and other high-level professionals on a full range of employment-related issues, including recruitment, hiring, discrimination, negotiation of employment agreements, breach of contract, non-competes, discipline, termination, and reductions in force. Tamsin regularly litigates business and employment cases in federal and state courts and agencies. She advises employers regarding employee handbooks, employment audits, and workplace policies and practices. Tamsin frequently conducts workplace investigations and trainings on diversity, harassment, and other topics. She also provides alternative dispute resolution services to parties involved in business and employment disputes and other civil litigation matters. Tamsin works with clients in a wide variety of industries, including education, health care, manufacturing, technology, and service industries.

Prior to joining Davis Malm as a Shareholder, Tamsin was Of Counsel to the firm of McLane, Graf, Raulerson & Middleton.

Representative Matters

  • Successfully enforced a non-compete agreement against a former high level employee in the medical services industry.
  • Successfully defended a high tech company against allegations of unpaid wages and employment discrimination.
  • Won a judgment for a company co-founder in a lawsuit arising from the breakup of a business, including breach of contract and non-compete claims.
  • Presented numerous workplace trainings for managers and employees in manufacturing, service, high tech and sales companies.
  • Negotiated numerous CEO, CFO and CMO employment, non-compete and severance agreements.
  • Defeated a summary judgment motion in the Superior Court Business Litigation Session in a lawsuit involving equity distribution in a biotech start-up.
  • Successfully defended a medical practice in a breach of contract lawsuit by a physician.
  • Won a five figure discovery sanction against the opposing party in a Superior Court lawsuit.
  • Conducted an investigation of allegations against a high level town official.
  • Served as mediator in dozens of business and employment disputes pending in various state and federal courts and agencies.


  • Distinctions: Selected Chambers USA Leading Lawyer 2013-2014, Recognized Practitioner 2015-2018; Best Lawyers in America, 2014-2019; Massachusetts Super Lawyers, 2009-2018 (Top 50 Women Massachusetts Super Lawyers, 2013-2016; Top 100 New England Super Lawyers, 2014; Top 50 Women New England Super Lawyers, 2014; and Top 100 Massachusetts Super Lawyers, 2014).
  • Admitted: Massachusetts; United States Supreme Court; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts; Supreme Judicial Court, Commonwealth of Massachusetts.
  • Member: American Bar Association; Boston Bar Association; Massachusetts Bar Association (Business Law Section Council, 2012-present); Women's Bar Association (Board Member, 2009-2015; Middlesex Committee, 1995-present; Business Development Committee, 2009-present).
  • Arbitrator: American Arbitration Association Expedited Commercial Panel.
  • Massachusetts Continuing Legal Education: Labor and Employment Curriculum Advisory Committee (2010-present).

Community Involvement

  • Community Rowing, Inc.: Board of Directors (2016).
  • Belmont Media Center: Board Member (2011-2016).
  • The Boston Club: Member (2011-present).
  • Womenade: Member (2012-present).

Publications and Speaking Engagements


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.

Sexual Harassment in the Workplace (0:17:17)
Presented By Tamsin R. Kaplan
Tamsin Kaplan discusses two types of sexual harassment and provides employers with tips for handling sexual harassment complaints in the workplace. Tamsin also provides tips to help avoid possible claims.