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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).
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David M. Cogliano
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direct 617.589.3812
fax 617.305.3117
dcogliano@davismalm.com
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Education
  • J.D. cum laude, University of Maine School of Law, 1995.
  • B.A., Bates College, 1989.