David Rapaport

 
 

Practice Focus and Experience


David Rapaport practices in the Employment Law and the Litigation areas. He is a trial lawyer who concentrates his practice in employment law. He counsels clients in all aspects of employment law and litigation including age, handicap, sex discrimination and sexual harassment; race, national origin and religious discrimination; non-competition and trade secret matters; wrongful termination; defamation in the workplace; equal pay violations; severance agreements; executive employment agreements; and employment disputes involving minority shareholders in closely held corporations. David also counsels individual and corporate clients on negotiated severance agreements, the implementation of company policies to help prevent claims, and the creative use of alternative dispute resolution techniques, such as mediation and arbitration.

Prior to joining Davis Malm, David was the senior partner in Rapaport and Rapaport, headed the litigation departments at two smaller Boston firms, served as a prosecutor in New York City under Robert M. Morgenthau, and was a litigator at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. David was also a Law Clerk for the Honorable Levin H. Campbell on the United States District Court for the District of Massachusetts, and the United States Court of Appeals for the First Circuit.

David has tried numerous cases in both state and federal court, and has taught trial practice at the Harvard Law School Trial Advocacy Workshop for the past 30 years. He is a frequent lecturer on employment law and trial practice at continuing legal education seminars, and is a Fellow of the College of Labor and Employment Attorneys.

Representative Matters


  • Won a $3.4 million jury verdict for the former Executive Director of a Boston law firm who was terminated in violation of the state handicap discrimination laws.
  • Won an arbitration for an executive against one of the largest financial institutions in the country and obtained both monetary and important non-monetary relief.
  • Obtained the reversal on appeal of a $1 million jury verdict against his corporate client in a federal appeal, one of the few reported cases where a federal district court judge was reversed for an abuse of discretion pursuant to Fed.R.Evid. 611.
  • Tried the first jury case in Massachusetts involving sexual harassment by members of the same sex.

Professional


  • Distinctions: Selected 2010 Chambers USA "Leader in their Field"; Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2006, 2007, 2008, 2009; Best Lawyers in America, 2009, 2010.
  • Admitted: Massachusetts; New York.
  • Fellow: The College of Labor and Employment Attorneys.
  • Member: Boston Bar Association (Labor & Employment Section); Massachusetts Bar Association (Labor & Employment Section); American Bar Association (Labor & Employment and Litigation Sections); National Employment Lawyers Association; Massachusetts Employment Lawyers Association (Past President).

Publications and Speaking Engagements


  • Employment Law Practical Skills Course, Massachusetts Continuing Legal Education Presentation, David Rapaport (presenter and author)
  • "Disability Discrimination: A Plaintiff's Perspective," Massachusetts Employment Law, Massachusetts Continuing Legal Education, 2005 (presenter)
  • "Summary Judgment In Arbitration Proceedings," What Every Lawyer Should Know About Arbitration, Massachusetts Continuing Legal Education, 2005 (presenter)
  • "The Federal Rules of Civil Procedure" and "Fundamentals of Federal Court Practice" A Practical Guide to Federal Court Rules and Procedures in Massachusetts, National Business Institute, 2004 (presenter)
  • "Picking the Winning Plaintiff: Avoiding Common Traps," New England Regional Conference, National Employment Lawyers Association (presenter)
  • "Retaliation Claims in Massachusetts" (with Lisa Cooney), Handling Workplace Investigations and Botched Investigations, Massachusetts Continuing Legal Education, 2002 (presenter)
  • "Supreme Court ADA Cases" (with Judith Malone), U.S. Supreme Court Year In Review, Massachusetts Continuing Legal Education, 2002 (presenter)
  • "Non-Competition, Non-Disclosure and Non-Solicitation Agreements" and "Business Torts," 22nd Annual Labor & Employment Law Spring Conference, Massachusetts Bar Association, 2001 (presenter)
  • "Disability Discrimination Update" (with Lisa Cooney), Employment Discrimination Update, Massachusetts Continuing Legal Education, 2001 (presenter)
  • "Causes of Action Based on Massachusetts Common Law" and "Employment Privacy Claims Under Massachusetts and Federal Law," 21st Annual Labor & Employment Law Spring Conference, MBA, 2000 (presenter)
  • Employment Discrimination, Massachusetts Continuing Legal Education, 2000 (presenter)
  • "Tips On Cost Effective Investigation, Discovery and Trial," National Employment Lawyers Association Regional Conference, 1999 (presenter)
  • "What to Do When a New Client Comes to You," Drafting and Litigating Covenants Not to Compete, Massachusetts Bar Association, 1999 (presenter)

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