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Practice Focus and Experience
Gary Feldman advises employers and business executives in all aspects of employment-related issues and policies, and he regularly litigates employment issues before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination and in federal and state courts. His employment practice also involves the negotiation of executive employment agreements, noncompetition agreements, intellectual property agreements and severance agreements. In the course of his litigation practice, Gary has represented individuals, stockholders, and private and public corporations before federal and state trial courts, appellate courts, arbitration panels, and alternative dispute forums throughout Massachusetts and New England. He also has extensive experience in a wide variety of business and commercial litigation matters.

Representative Matters
  • 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 represented a distinguished Northeastern University tenured professor in an arbitration proceeding concerning a disciplinary action.
  • Prosecuted and defended numerous Federal and Superior Court actions involving non-compete agreements in a wide variety of industries, including high technology, employee staffing, manufacturing, banking, and wholesale produce brokerage.
Representative Reported Cases
  • Workgroup Technology Corp. v. MGM Grand, LLC, 246 F.Supp.2d 102 (D.Mass. 2003).
  • FLEXcom Co., Inc. v. McSherry, 123 F.Supp.2d 42 (D. Mass. 2000).
  • Doe v. Bell Atlantic Business Systems, Inc., 162 F.R.D. 418 (D. Mass. 1995).
  • Fortune Management, Inc. v. Bly, 118 F.R.D. 21 (D. Mass. 1987).
Professional
  • Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2006, 2007.
  • Admitted: Massachusetts; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit.
  • Member: Massachusetts Bar Association; Boston Bar Association.
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Gary M. Feldman
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direct 617.589.3874
fax 617.305.3164
gfeldman@davismalm.com
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Education
  • J.D., Boston University School of Law (Edward F. Hennessey Scholar), 1982.
  • B.A., Washington University, 1979.