Employment Litigation and Dispute Resolution


While Davis Malm's employment attorneys always work with the firm's clients to prevent litigation, when it does arise we have the knowledge, experience, and resources to handle it both effectively and with concern for costs both human and financial. We have a strong record of success trying all manner of employment cases for individuals, small entities, and multinational public corporations. We litigate regularly in governmental agencies (such as the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission) and in various state and federal courts throughout the United States, with a focus in New England. We are proud of our record in setting employment law precedents in the Supreme Judicial Court of Massachusetts (for example, sex discrimination burden of proof, disability law burden of proof, and punitive damages standards). We have set precedents for our clients in the Massachusetts Appeals Court, the Federal District Court for the District of Massachusetts (emotional distress proof), and the Massachusetts Commission Against Discrimination (definition of the term "handicap") as well. We know how to use cutting-edge technology when appropriate, both in preparing for trial and in trying cases. We have, over many decades, developed a reputation for excellence in the courts that assists us in presenting our clients' matters persuasively. We also know when and how to use alternative dispute resolution techniques such as mediation, arbitration, and mini-trials to resolve our clients' disputes. Our experience and expertise in defending and prosecuting non-competition claims serve us in representing both employers and employees in such litigation.

Additionally, we regularly represent minority and majority shareholders and closely held businesses in "freeze out" matters. We take pride in obtaining positive outcomes for our clients in litigating these disputes. These cases are generally resolved at the preliminary injunction stage, and our accessibility and quick response gives us an advantage in handling these cases. As major aspects of this law were made in the precedent-setting Demoulas litigation in which we prevailed, we know and follow this area of the law intimately.

Representative Matters

  • Successfully defended a Fortune 100 company against multiple claims brought in the EEOC, MCAD, and both federal and state courts.
  • Successfully defended a major health-care institution against claims made by a physician for discrimination.
  • Won arbitration for an executive against one of the largest financial institutions in the country, obtaining both a monetary and an important nonmonetary award.
  • Successfully prosecuted and defended numerous federal and state court actions involving non-competition agreements in a wide variety of industries, including high technology, manufacturing, and banking.
  • Successfully represented a distinguished university tenured professor in an arbitration proceeding concerning disciplinary action.
  • Succeeded in a jury trial in the Business Litigation Session of the Superior Court between a majority shareholder and a minority shareholder of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination; this verdict was upheld on appeal.
  • Won a $3.4 million jury verdict for the former executive director of a major Boston law firm who was terminated because of his handicap. Read more.