

Practice Focus and Experience
David Cogliano 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. His employment practice also involves preparing and negotiating noncompetition agreements, severance agreements, and executive employment agreements.
David regularly conducts training for employers with regard to sexual harassment, discipline and discharge, and discrimination prevention techniques. David regularly speaks and writes on issues pertaining to employment laws. Prior to entering private practice, David was Law Clerk to the justices of the Maine Superior Court.
Representative Matters
- 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 in claims by physician alleging race and
disability discrimination.
- 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.
- Successfully defended major health care institution in state court action
involving claim of wrongful termination.
- Successfully represented senior executive in arbitration proceeding
in New York for breach of a severance agreement.
- Defended medical practice in wage and hour claim brought by former
employee.
- Represented major financial institution in several cases involving
enforceability of non-compete agreements.
- Organized union election campaign on behalf of manufacturer opposed
to union certification.
- Represented law firm before Massachusetts Commission Against
Discrimination regarding age and handicap discrimination claims.
- Successfully represented employer before California Division of Labor
Standards Enforcement in defense of wage act claims.
- Successfully defended temporary staffing company before Maryland Equal
Opportunity Commission in claim involving age discrimination.
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: Massachusetts Bar Association (Member,
Labor and Employment Section); American Bar Association (Member, Labor and
Employment Section).
Articles
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Poor Planning Can Undermine a Reduction in Force,
New England In-House, David M. Cogliano (author)
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EEOC Gets Serious About 'Family Responsibility' Bias Claims,
New England In-House, David M. Cogliano (author)
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In-House Counsel Must Ensure Compliance with the Litigation Hold,
New England In-House, David M. Cogliano (author)
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"Assessing Your HR Policies and Practices in Massachusetts: Compliance with State and Federal Employment Laws," Lorman Education Series, September 2006
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DOL Issues New Regs on Employer Obligations to Returning Service Members,
New England In-House, David M. Cogliano (author)
News
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David M. Cogliano
Shareholder
direct 617.589.3812
fax 617.305.3117
Practice Areas
Education
- J.D. cum laude, University of Maine School
of Law, 1995.
- B.A., Bates College, 1989.
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