Employment Litigation & Arbitration
- Successfully defended the largest public school district in Tennessee against allegations of violations of Title VII of the Civil Rights Act of 1964.
- Following a full evidentiary appeal hearing, overturned the Division determination of over $200,000 liability for employer contribution under the Massachusetts Fair Share Contribution Law.
- Successfully defended a title company against Freddie Mac's attempt to add them to the list of excluded providers.
- Successfully defended a manufacturer against retaliation and whistleblower claims under the Food Safety Modernization Act (FSMA) and the Occupational Safety and health Act (OSHA), resulting in a dismissal of the claims and a finding of no liability.
- Successfully moved to dismiss nationwide FLSA collective action against nationwide department store retailer based on arbitration agreement signed by employees as condition of employment, pursuant to the U.S. Supreme Court “Epic Systems” decision.
- Successfully moved to dismiss and transfer statutory wage/hour claims and common law employment claims against defendant employer and individual owner, based on choice-of-law and choice-of-venue provisions in employment agreement, based on novel theory regarding application of provisions to create “special contract” under the Massachusetts Wage Act.
- Represented a defense contractor and two supervisor employees against a lawsuit filed by a former employee for alleged age-based harassment and discrimination, retaliation, wrongful termination and intentional and negligent infliction of emotional distress. The Court granted the defense contractor's motion for summary judgment as to all of the former employees causes of action.
- Represented a company that develops irrigation system controllers and its employee in a non-compete actions in California and Pennsylvania filed by a competitor.
- Represented a telecommunications company in an arbitration involving the former Chief Technology Officer (CTO) of the company who had filed in his own name four key patents related to the client's core technology and intellectual property immediately after his employment was terminated. Mintz filed an amended claim against the CTO for breach of fiduciary duty, breach of contract, and misappropriation of trade secrets, which led to a settlement, including the assignment of the four key patents.
- Represented the appellant in this case concerning tax liabilities relating to escrow release contracts arising out of the settlements of class action tobacco litigation.
- Following hearing, successfully obtained court order ruling that claims under the Massachusetts Wiretap Act are not preempted by the National Labor Relations Act, and prohibiting employee from using or disseminating recording of supervisor comments in violation of the Massachusetts Wiretap Act.
- Following a full evidentiary hearing, successfully opposed and dismissed case against former employee and new employer for breach of noncompetition covenant, based on emerging “material change” doctrine under Massachusetts law.
- Following a full evidentiary hearing, successfully moved to dismiss a former employee’s claim of national origin harassment and discrimination against a corporate defendant and two individual officers.
- Following a full evidentiary appeal hearing, overturned the Division determination of over $800,000 liability for employer contribution under Massachusetts Fair Share Contribution Law.
- Represented a San Diego-based medical device company in an arbitration brought by a direct competitor alleging that the company's employment of the direct competitor’s former executive violated the executive’s two year non-compete agreement. Obtained a verdict in the arbitration that included a reduction in the executive’s non-compete agreement to just one year, which allowed for the executive to begin work shortly after the completion of the arbitration.
- In an arbitration before the American Arbitration Association, Mitch obtained summary judgment and dismissal of the entire action in a matter where the plaintiff, the former CEO and president of a publicly traded gaming company, was seeking over $10 million in damages for fraud, breach of the employment contract, and retaliation based on the termination of his employment contract worth over $1.5 million per year in total compensation.
- Successfully obtained a preliminary injunction against a former employee of a mortgage loan company who resigned from client employer while in possession of confidential information and trade secrets.
- Represented a local food company in a jury trial involving allegations of harassment and discrimination; successfully dismissed 5 of 6 original counts against the company.
- Obtained summary judgment in favor of "fast casual" restaurant group on retaliation claim, which was upheld in U.S. Court of Appeals.
- Represented a national, publicly traded clinical laboratory company, in defense of a federal court lawsuit filed by an ex-employee who alleges retaliation in violation of the Family and Medical Leave Act (FMLA), and wrongful discharge.
- Represented a company offering mobile data and video optimization services and two individual officers of the company in a suit claiming national origin harassment and discrimination harassment brought by a former employee.
- Represented a provider of home care services in a wage and hour class action filed on behalf of a visiting homecare nurse and all similarly situated employees for failure to pay all overtime, expenses, and for rest periods and meal breaks. After providing plaintiff’s counsel with draft of motion to compel arbitration, the plaintiff dismissed all class claims and refiled a complaint asserting Private Attorneys General Act only claims.
- Represented a laboratory in pursuit of five former employees who became employed by a competitor on trade secret misappropriation, breach of fiduciary duty, use of confidential information to solicit our client's customers and other claims.
- Obtained an order compelling arbitration of individual wage claims and dismissing class action claims against a government contractor successfully defended an FLSA (Fair Labor Standards Act) collective action in which, among other things, we were able to limit the number of opt-ins to only approximately 8% against typical rates of 15% – 30%
- Successfully represented former shareholders in a suit to obtain disbursement to them of the balance of a contingent purchase price due under the terms of a stock purchase agreement.
- Won summary judgment in a D.C. Human Rights Act age discrimination case filed in the Superior Court for the District of Columbia against a financial industry trade association. Prior to drafting the motion for summary judgment, prepared and responded to discovery requests and defended three employee depositions.
- Prevailed at trial on behalf of a federal government contractor accused of defaming an employee, adversely impacting the employee's security clearance.
- Represent a technology company in defense of a claim for breach of employment contract by the company's former general counsel.
- Obtained summary judgment in a premises liability and negligence action where a semi-pro hockey player had filed suit against the rink and league organizer for injuries sustained during a hockey game.
- Successfully moved to dismiss a former executive’s claim for violation of M.G.L. c. 93A against a national travel company, ultimately resulting in a favorable case settlement.
Case Study
Mintz’s client received 100% of the fees we requested on his behalf and was awarded $50,000 in sanctions when the arbitrator concluded the company’s counterclaims were frivolous.
Case Study
When a national retailer terminated an employee for policy violations, the individual sued for disability discrimination and Family and Medical Leave retaliation. After Mintz uncovered serious misconduct by the former employee, the court granted our motion to dismiss the case.
Case Study
Mintz successfully defended HR Outsourcing, Inc. in a case brought under the Defend Trade Secrets Act shortly after the statute became effective in May 2016. At the outset of the case, Mintz attorneys raised defects in the plaintiff’s pleading.