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.
- 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, 2014-2017; Massachusetts Super Lawyers, 2009-2017 (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 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
- Employment Challenges and Solutions for the Cannabis Industry, Cannabis World Congress & Business Exposition, 2017, Tamsin R. Kaplan (presenter)
- Mentors for Rainmaking, Women's Bar Association, 2017, Tamsin R. Kaplan (panelist)
SJC Case Spotlights Worker’s Off-Duty Use of ‘Medical Pot’, Massachusetts Lawyers Weekly, 2017, Tamsin R. Kaplan (quoted)
- Developments in Trial Practice and New Procedural Rules, Massachusetts Continuing Legal Education 19th Annual Employment Law Conference, 2016, Tamsin R. Kaplan (presenter)
- Diversity, Unconscious Bias and Employer Liability, CUPA-HR Eastern Region Conference, 2016, Tamsin R. Kaplan (moderator)
- Lifecycle of a Business Part II: Employment and Immigration Essentials for Advising Businesses, Massachusetts Bar Association Continuing Legal Education, 2016, Tamsin R. Kaplan (co-chair)
- Advising Employers & Employees on Off-Duty Conduct & Privacy in the Workplace, Massachusetts Continuing Legal Education, 2016, Tamsin R. Kaplan (panel chair)
- 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)
Mass.: First Workplace Medical Marijuana Lawsuit Filed, Society for Human Resource Management, 2015, Tamsin R. Kaplan (quoted)
Can worker fired for pot use sue?, Lawyers Weekly, 2015, Tamsin R. Kaplan (quoted)
Medical Marijuana Patient Sues Company Over Firing for Drug Use, MassLive, September 2015, Tamsin R. Kaplan (quoted)
Massachusetts sees first case over firing for medical marijuana use, HR Dive, 2015, Tamsin R. Kaplan (quoted)
For employers, time to review drug-testing policies, New England In-House, 2015, Tamsin R. Kaplan and David M. Rogers (co-authors)
- Employment Contracts in Change of Control Transactions: Dos, Don’ts, Tricks and Traps, MBA Continuing Legal Education, 2015, Tamsin R. Kaplan (co-chair)
- Employment Law Fundamentals: Get Smart or Get Sued®, Social Law Library, 2015, Tamsin R. Kaplan (panel chair)
- Learning and Networking with Alumni & Practitioners, Boston College Law School, 2015, Tamsin R. Kaplan (panelist)
Non-Competition Agreements: Are They Facing Possible Extinction?, Labor and Employment Expert Guide, Corporate Live Wire, 2014, Tamsin R. Kaplan and Evgenia I. Goryshina (coauthors)
- Advising Employers & Employees on Off-Duty Conduct & Privacy in the Workplace, Massachusetts Continuing Legal Education, 2014, Tamsin R. Kaplan (panel chair)
- Advising Employers & Employees on Off-Duty Conduct & Privacy in the Workplace, Massachusetts Continuing Legal Education, 2013, Tamsin R. Kaplan (panel chair)
- New Developments in Employment Law, Davis, Malm & D’Agostine, P.C., 2013, Tamsin R. Kaplan and Gary M. Feldman (co-presenters)
Lifecycle of a Business Part III: Employment and Business Litigation Matters (video), Massachusetts Bar Association, 2013, Tamsin R. Kaplan (presenter)
- Traps for the Unwary Employer, BNY Mellon, 2012, Tamsin R. Kaplan and Gary M. Feldman (co-presenters)
Developments in Discrimination and Retaliation Law and the Family and Medical Leave Act, Labor & Employment Law Conference, Massachusetts Bar Association, 2012, Tamsin R, Kaplan (presenter)
- 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)
- Advising Employers & Employees on Off-Duty Conduct & Privacy in the Workplace, Massachusetts Continuing Legal Education, 2012, Tamsin R. Kaplan (panel chair)
- What Every Employer Should Know, 2012, The Lenny Zakim Fund. Tamsin R. Kaplan and Mark L. Irvings (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)
- 'Wal-Mart' and What it Means for Future Class Actions, Lawyers Weekly, Tamsin R. Kaplan and Charla Bizios (coauthors)
Employment Agreements, Advising a Massachusetts Business, Chapter 4, Massachusetts Continuing Legal Education, 2011, Tamsin R. Kaplan (author)
Employee Handbooks in Massachusetts: Benefits, Pitfalls and Preserving At-Will Employment, Massachusetts Continuing Legal Education, 2010, Tamsin R. Kaplan (presenter and author)
Sexual Harassment in the Workplace: What Employers Should Know, Lorman Education Services Article, 2008, Tamsin R. Kaplan (presenter and author)
Employee Handbook Provisions Relating to Employee Performance, Conduct, Evaluation, Discipline and Termination, Massachusetts Continuing Legal Education, 2007, Tamsin R, Kaplan and David M. Cogliano (presenters and coauthors)
2018 Employment Law Seminar (1:36:35)
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.