Gary M. Feldman

 
 

Practice Focus and Experience


Gary Feldman practices in the Business Law, Employment, and Litigation areas. Gary advises employers and business executives on 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. He also regularly negotiates 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


  • Won an appeal at the Supreme Judicial Court reversing a seven figure handicap discrimination jury verdict and dismissal of the case against our employer-client.
  • Successfully defended a corporation and two of its employees in Norfolk Superior Court against a motion by competitor for a preliminary injunction for the alleged violation of a noncompetition agreement.
  • Successfully represented a distinguished university tenured professor in arbitration proceeding concerning disciplinary action.
  • Prosecuted and defended numerous Federal and Superior Court actions involving employee non-compete agreements in a wide variety of industries, including high technology, employee staffing, manufacturing, banking, and wholesale produce brokerage.
  • Acted as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination.
  • Acted as lead trial counsel in the first decision in Massachusetts setting standards under which overweight is considered a handicap.
  • Represented numerous senior level executives in negotiation and preparation of executive employment and compensation agreements in a variety of high technology and financial businesses.

Representative Reported Cases


  • Workgroup Technology Corp. v. MGM Grand, LLC, 246 F. Supp. 2d 102 (D.Mass. 2003) – In this federal court action, Workgroup Technology prevailed against MGM Grand's motion to dismiss or to transfer the case to Nevada, which would have been a costly and inconvenient forum for our Massachusetts-based client. The case settled thereafter.
  • FLEXcon Co., Inc. v. McSherry, 123 F. Supp. 2d 42 (D. Mass. 2000) – Prevailed in defeating a motion for preliminary injunction that would have prohibited our client from taking a management position with a competitor of his former employer. Argued successfully that client’s former employer would be unlikely to establish that the non-competition agreement was enforceable and that the former employer could not establish irreparable harm because client’s new job was a management position, not sales.
  • Doe v. Bell Atlantic Business Systems, Inc., 162 F.R.D. 418 (D. Mass. 1995) – Prevailed in establishing that a plaintiff in a federal court sexual harassment action had not presented a compelling case so as to permit her to proceed anonymously. Only in the most exceptional cases regarding privacy may a plaintiff—who initiates an action—proceed using a fictitious name.
  • Fortune Management, Inc. v. Bly, 118 F.R.D. 21 (D. Mass. 1987) – Prevailed in persuading the federal district court in Massachusetts to deny the defendant’s motion to have his deposition taken in Virginia or in Washington D.C. rather than Massachusetts. Argued successfully that because the defendant filed a counterclaim that he was not required by law to file, he should be considered to be a plaintiff who may be deposed in the forum in which the action is pending.

Professional


  • Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2006, 2007, 2008, 2009.
  • 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.

Publications and Speaking Engagements


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