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.