David M. Cogliano

 
 

Practice Focus and Experience


David Cogliano practices in the Employment and Litigation areas. David advises employers on labor and employment issues, policies, and practices, including discipline and discharge, wage and hour compliance, harassment, hiring practices, FMLA, and ADA compliance and restrictive covenants. He regularly litigates employment issues before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, and in federal and state courts. David has represented both individuals and corporations and has had extensive experience representing multistate employers in a variety of industries. He also represents hospitals, physician groups, and individual physicians assisting them to address the unique requirements of the medical profession. David's employment practice also involves preparing, negotiating, and litigating noncompetition agreements, severance agreements, and executive employment agreements.

Representative Matters


  • Established precedent in the First Circuit for claims by employers against employees for misappropriation of confidential information pursuant to the Computer Fraud and Abuse Act.
  • Successfully defended a private school in a two-day trial in Worcester Superior Court against claims of wrongful termination and breach of contract. Read the decision.
  • Successfully defended major healthcare institution at the Massachusetts Commission Against Discrimination, EEOC, and Federal and State Court in claims by employees alleging various types of discrimination and wrongful termination.
  • Successfully defended an automobile dealership and two of its employees in Norfolk Superior Court against a motion by a competitor for a preliminary injunction for the alleged violation of a noncompetition agreement.
  • Successfully defended large health insurers against claims of disability, race, and sex discrimination by various employees.

Professional


  • Distinctions: Peer Review "BV" rated by Martindale-Hubbell, the second highest bestowed rating; Massachusetts Super Lawyer "Rising Star," 2006, 2007.
  • Admitted: Massachusetts; Maine; United States District Court for the District of Massachusetts and United States District Court for the District of Maine.
  • Member: Boston Bar Association; Massachusetts Bar Association; American Bar Association; Smaller Business Association of New England.

Publications and Speaking Engagements


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