Don is a member in the firm's Employment, Labor and Benefits Section. He has extensive experience providing counsel to and handling litigation for corporations in both union and non-union settings on a broad range of issues, including terminations, internal investigations, employment policies and reductions-in-force. He is a frequent lecturer and author on a variety of employment law issues involving the Americans with Disabilities Act, Family and Medical Leave Act, and workplace privacy issues. Don has also been interviewed and asked to comment on labor and employment issues by WCVB-TV Channel 5 Boston, New England Cable News, WBZ Radio and WBIX Radio, The Boston Globe, The New York Times and Bloomberg Financial.
Don's trial experience includes a number of federal and state court jury trials involving claims under Title VII, the Americans With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and the Massachusetts anti-discrimination statute (M.G.L. ch. 151B). He handles administrative charges before federal and state agencies including the Equal Employment Opportunity Commission, Massachusetts Commission Against Discrimination, and Pennsylvania Human Relations Commission, and conducts employment arbitrations throughout the New England and Mid-Atlantic regions. Don advises clients on a daily basis on a wide variety of day-to-day personnel matters, including terminations, employment contracts and policies, internal investigations and reductions-in-force, and has substantial experience in trade secrets litigation including temporary and permanent injunctions.
In his labor practice, Don routinely advises clients on a wide range of collective bargaining issues, and regularly represents clients before the National Labor Relations Board with respect to unfair labor practice charges and union election proceedings. He has handled over 25 labor arbitrations (both discharge and contract interpretation cases) and has litigated state and federal court injunction proceedings in the context of mass picketing activities and strike-related conduct.
Recent matters handled by Don include:
· Acted as an in-house labor and employment attorney for a client's Assistant General Counsel for approximately four months and, in that capacity, provided personnel advice on a daily basis for a national union/non-union workforce of approximately 10,000 employees.
· Defeated six-figure wage claim filed against a national mental health system by its former chief financial officer.
· Obtained dismissal for a publicly traded venture capital firm in high-profile sex discrimination litigation by demonstrating absence of "single employer" status, despite firm's substantial monetary investment in co-defendant subsidiary (reported at 17 F. Supp. 2d 357).
· Secured favorable compliance ruling on behalf of national coffee and bar establishment in federal Department of Labor wage and hour investigation.
· Successfully represented employers in numerous summary judgment proceedings, including but not limited to a favorable ruling on behalf of a national insurance company in a sexual harassment suit (reported at 1997 WL 634501).
· Achieved dismissal of numerous unfair labor practice charges (Regions 4, 5, 6 and 22) filed against a national client during union organizing campaign.
· Provided advice regarding client's implementation of initial collective bargaining agreements in 21 bargaining units located in the Mid-Atlantic and New York regions.
· Conducted injunction proceedings before three-judge panel in Suffolk County Superior Court during 2000 strike involving over 12,000 employees in Massachusetts.
· Represented national building maintenance company in recent work stoppage involving 10,000 employees in downtown Boston.
· Successfully defeated election petition brought in an isolated facility for a national tire manufacturer with over 30 non-union facilities throughout United States.
· Assisted in obtaining dismissal of election petition where union had already initiated process under the parties' card check and neutrality agreement (reported at 335 NLRB 558).
· Successfully ended illegal picketing activities waged against national non-union roofing company.
Don is admitted to practice in Massachusetts, Pennsylvania and Illinois. He is admitted to practice before the U.S. District Courts for the District of Massachusetts and the Eastern and Middle Districts of Pennsylvania. Additionally, he is admitted to practice before the U.S. Court of Appeals for the Third Circuit. He received his B.A. from the College of the Holy Cross (1991) and his J.D. from The Columbus School of Law, Catholic University of America (1994), where he was a member of the Catholic University Law Review.
Speeches and Conferences
· Speaker, "How to Improve and Monitor Employee Performance: Progressive Discipline and Other Performance Management Strategies Examined," Council on Education in Management, February 12, 2002
· Speaker, "Disciplining and Terminating for Absenteeism Without Inviting a Lawsuit," Council on Education in Management, September 28, 2001
· Speaker, "Selecting and Terminating Employees in Massachusetts," National Business Institute, August 21, 2001
· Speaker, "Successfully Managing Mental Disabilities and Stress Claims," Council on Education in Management, January 10, 2001
· Speaker, "From Colds to Migraines: Determining What the Courts Consider Serious Health Conditions," Council on Education in Management, December 12, 2000
· Co-chair, "Managing the Leave of Absence Revolution: Untying the Knot of ADA, FMLA and Workers' Compensation," Lorman Education Services, August 24, 1999
· Speaker, "Is There A Smoking Gun in Your Files? Tactical Approaches for Creating Positive Documentary Evidence Throughout the Employment Process for Your Protection," Council on Education in Management, September 15, 1999
· Speaker, "Family Leave, Flexible Work Schedules and Other Family Accommodations," Fifth Annual Employment Law Institute, Pennsylvania Bar Institute, April 22, 1999
· Speaker, "The Next Step in Performance Evaluations: Integrating Your Appraisal Process into an Overall Litigation Prevention Strategy," Council on Education in Management, March 23, 1999
· Speaker, "From Mental Disabilities to Managed Diseases ? Measuring the Impact of Invisible Disabilities in the Workplace," Council on Education in Management, November 3, 1998
· Speaker, "What is the Alternative Workforce? Untangling Classification Intricacies Before Your Business Winds Up in Court," Council on Education in Management, September 15, 1998
· Speaker, "ADA and the Non-Disabled Employee: Why Regarding an Employee as Disabled Can Cost You Millions," Council on Education in Management, April 28, 1998
· Speaker, "Terminating Employees in Light of the FMLA and ADA: Protecting Your Business from Lawsuits and Substandard Work Performance," Council on Education in Management, January 29, 1998
· Speaker, "Terminating Disabled Employees: The Issue of Reasonable Accommodation," Council on Education in Management, December 4, 1997
· Speaker, "Walking the Workplace Privacy Tightrope," Council on Education in Management, November 7, 1997
· Speaker, "Discipline and Discharge: Prevent Lawsuits and Exert Management Rights," Council on Education in Management, March 27, 1997
Publications
· Author, "The Information Superhighway: Avoiding Workplace Nightmares," Boston Bar Journal, March/April 2001
· Author, "The Big Tent: ADA Covers Permanently Disabled," Pittsburgh Legal Journal, September 29, 1998
· Author, "Judge, Not Jury Will Hear PHRA Claims," Pittsburgh Legal Journal, November, 1998
· Author, "Third Circuit Denies Teamsters' Claims," Pittsburgh Legal Journal, June 17, 1997
· Interview, "Enabling the Disabled to Enable You," Business Philadelphia, January 1997
· Author, "Court Sets Rules for HIV-Positive Health Care Workers," Pittsburgh Business Times, September 11-17, 1995