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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

Successfully defended 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 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) – 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. Read more.

Professional

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