Michael Rosen has been representing employers in every kind of employment law matter for almost 20 years. His practice focus is dual: he litigates every kind of employment-related dispute; and he regularly counsels employers on all of the strategic and day-to-day issues relating to their employees. Michael has extensive experience in litigating and advising clients about non-competition, non-solicitation and non-disclosure agreements, as well as related issues of unfair competition, the Computer Fraud and Abuse Act, misappropriation of trade secrets and breach of fiduciary duty. He has successfully assisted employers in the financial services, consulting, manufacturing, software and life sciences industries with actions involving the enforcement of restrictive agreements. In many of these cases, his expertise with computer forensics issues has enabled clients to achieve successful outcomes. Michael also helps departing employees and hiring employers in achieving their business goals when confronted with potential application of restrictive agreements. Michael authors the Massachusetts Noncompete Law Blog. Michael regularly counsels employers on a range of employment law matters, such as employment contracts, harassment, leave-of-absence issues, employee handbooks, employee screening, workforce reductions, training and severance agreements. Michael has served as lead counsel in defending claims of age, disability, race and gender discrimination under state and federal laws, as well as claims brought under the Family and Medical Leave Act, FLSA, state wage and hour laws, and ERISA. He regularly represents employers before federal and state equal opportunity commissions, such as the EEOC and the Massachusetts Commission Against Discrimination. In addition, he handles general employment litigation involving such issues as breach of employment contract and wrongful termination. Representative Experience The following is a brief summary of Michael's experience and accomplishments: · Defeated a multi-million dollar "raiding" case brought before a FINRA panel by a brokerage house in connection with the hiring of a group of financial advisors · Obtained on behalf of a multi-national financial services company a favorable award from an NASD arbitration panel against a highly-compensated former research analyst who claimed entitlement to millions of dollars in severance pay and bonus amounts associated with his employment termination · Obtained a favorable jury verdict on behalf of a large manufacturer on claims by a former employee that he had been terminated based on his race and disability in refusing to return to work following a medical disability leave · Successfully represented a retailer in defending a putative class action in California state court involving allegations of failure to provide statutorily-mandated meal and rest periods and coerced patronage of the defendant's products · Successfully represented a manufacturer in defense of a putative collective action under FLSA and class action under state law, involving claims under federal law of failure to pay overtime on a timely basis and under state law of failure to pay n-exempt employees on a bi-weekly basis · Successfully represented a start-up in defeating a multi-national cosmetics company's attempt to enjoin our client's hire of a new CEO to oversee its product development and marketing efforts; filed a declaratory judgment action in the Business Litigation Session of the Massachusetts Superior Court seeking a ruling that our client was not a "competitor" as defined in the non-compete agreemen and then defeated a request for a preliminary injunction barring his employment by our client · Successfully represented a software company in responding to a concerted raiding campaign by former employees and their new employer; obtained injunctive relief bringing to a halt efforts to "lift out" client's off-shore engineering office and ultimately obtained favorable monetary settlement · Successfully represented a large healthcare client in a multi-million dollar ERISA arbitration brought by the former chief executive of a client's predecessor entity, who alleged he wrongfully had been denied retirement benefits under a split dollar plan Professional / Civic Involvement · Co-Chair, Contracts and Executive Compensation Subcommittee, American Bar Association, Labor and Employment Section, Committee on Employee Rights and Responsibilities · Member of Subcommittee on Covenants Not to Compete, Trade Secrets and Duty of Loyalty, American Bar Association, Labor and Employment Section, Committee on Employee Rights and Responsibilities, 2000-2007 · Boston Bar Association, Labor and Employment Law Section, Member · Massachusetts Bar Association, Labor and Employment Law Section, Member · City on a Hill Foundation, Member of Board of Directors · Town of Cohasset, Personnel Committee, 1996-1998 Speeches And Conferences · Panelist, "Drafting Noncompete Agreements from the Employer and Employee Perspectives," 5th Annual Labor and Emplayment Law Conference, Seattle, WA (November 2-5, 2011) · Speaker, "Law School for the Tech Entrepreneur," Foley Hoag Emerging Enterprise Center (September 27, 2011) · Panelist, "Take the Money and Run: Strategies and Issues in Executive Departures under Employment Contracts," American Bar Association Section of Labor and Employment Law, Employment Rights and Responsibilities Committee, 2011 Midwinter Meeting (March 25, 2011) · Panelist, "Discovery - The Black Hole: Practical Strategies for a Changing Landscape", MCLE 2010 Employment Law Conference (December, 2010) · Panelist, "Executive Compensation Cutbacks and Take-Aways," American Bar Association Section of Labor and Employment Law, Employment Rights and Responsibilities Committee 2010 Midwinter Meeting (March 25, 2010) · Panelist, "Top Five Issues in Employment Law," ABA Section of Labor & Employment Law Third Annual CLE Conference, Washington, DC (November 5, 2009) · Speaker, "Advising Massachusetts Nonprofit Corporations," 2009 Association of Corporate Counsel Annual Meeting (October 19, 2009) · Speaker, "Law School for the CFO," CFO Roundtable Forum (April 13, 2007, November 9, 2007, September 11, 2008, September 9, 2009, December 18, 2009 and September 8, 2010) · Panelist, "Freedom To Compete? A Symposium on Bills Affecting Employee Non-Compete Agreements," Intellectual Property, Labor & Employment Law, and Litigation Sections of the Boston Bar Association (July 22, 2009) · Speaker, "Hiring while Firing," Kennedy Information Professional Development Seminar (May 14, 2009) · Moderator, "Legal Issues for Executive Employment Agreements in Pre- and Post-Acquisition Settings," American Bar Association Section of Labor and Employment Law, Employment Rights and Responsibilities Committee 2009 Midwinter Meeting (March 24, 2009) · Moderator, "Understanding the New Data Security Laws" (December 10, 2008) · Co-presenter, "The New Era of Retaliation Claims," MCLE 2008 Employment Law Conference (December 5, 2008) · Speaker, "US Employment Law - Practical Guidance for Leading US Employment Lawyers," London, England (November 11, 2008) · Panelist, "HR Issues for Hedge Fund Management Companies," The Boston Hedge Fund Group (June 20, 2007) · Panelist, "Health Care Reform and Business Leaders: Advancing Opportunities in Massachusetts," The Commonwealth Institute (June 11, 2007) · Panelist, "2007 HR Trends: People to Profitability," Entrepreneurs Organization -- Boston Chapter (June 6, 2007) · Speaker, "Building the Team: Attracting and Retaining Skilled Workers in Competitive Markets," Massachusetts Hydrogen Coalition (May 16, 2007) · Speaker, "How Chief Financial Officers Strategically Lead Human Resources," CFO Roundtable Forum (May 11, 2007) · Panelist, "Massachusetts Health Care Reform Law: What Every Employer Needs to Know," Massachusetts Hospital Association, (November 7, 2006) · Panelist, "Settlement Agreements and Tax Issues," MCLE 2005 Employment Law Conference (December 2005) · Panelist, "Nothing Up the Sleeve: Are There Any Rights When There is No Written Covenant?" American Bar Association Section of Labor and Employment Law, Employment Rights and Responsibilities Committee 2005 Midwinter Meeting (March 2005) · Panelist, "Termination of Employees in Closely Held Businesses: A Guide for the Business Lawyer," Massachusetts Bar Association (October 2004) · Speaker, "Employment Law Issues in Extended Hours Operations" (with Circadian Technologies and WORKFORCE MAGAZINE) (February 2004) · Speaker, AeA New England HR Legal Smorgasbord: Tips & Advice on Today's Legal Issues (November 2003) · Speaker, "Keeping Your IP in the Door: Non-competes and NDA's," AeA New England Intellectual Property Series (September 2003) · Speaker, "The Basics: Covenants Not-to-Compete and Trade Secrets," American Bar Association Section of Labor and Employment Law 2003 Annual Meeting (August 2003) · Panelist, "23rd Annual Labor and Employment Law Spring Conference," Massachusetts Bar Association (April 2002) · Speaker, "The Gray Areas in Compensation, Leaves & Layoffs: What You Don't Know Can Hurt You," AeA Human Resources Solutions Breakfast (February 2002) Publications · TIPS FOR PLANNING REDUCTIONS IN FORCE (2008) · Five Common Employment Law Hazards for Start-Ups, VENTURE CAPITAL REVIEW (Spring 2008) · Lift-Outs and Corporate Employee Raids: Checklist for the Raided Company, MID-WINTER MEETING MATERIALS, ABA LABOR AND EMPLOYMENT SECTION, COMMITTEE ON EMPLOYMENT RIGHTS AND RESPONSIBILITIES, SUBCOMMITTEE ON COVENANTS NOT TO COMPETE, TRADE SECRETS AND DUTY OF LOYALTY (April 2008) · Co-author, Choice of Law and Forum Issues in Restrictive Covenant Cases, MID-WINTER MEETING MATERIALS, ABA LABOR AND EMPLOYMENT SECTION, COMMITTEE ON EMPLOYMENT RIGHTS AND RESPONSIBILITIES, SUBCOMMITTEE ON COVENANTS NOT TO COMPETE, TRADE SECRETS AND DUTY OF LOYALTY (March 2007) · Ten tips for hiring without getting sued, MASS HIGH TECH (with Sheila O'Leary) (February 2, 2007) · Avoiding Legal Risks As You Expand Your Head Count, BOSTON BUSINESS JOURNAL (with Sheila O'Leary) (July 28 - Aug. 3, 2006) · Court cases show need for scrutiny of noncompetes, BOSTON BUSINESS JOURNAL (March 4-10, 2005) · Employing in California? Beware of risks in employment agreements, MASS HIGH TECH (with Robert A. Fisher) (August 2, 2004) · GUIDE TO FEDERAL AND STATE EMPLOYMENT LAWS IMPACTING EXTENDED HOURS OPERATIONS (with Alex Kerin, Ph.D., Circadian Technologies) (2003) · Noncompetition Agreements at Tech Companies Draw Court Scrutiny, AIM BUSINESS & INDUSTRY REPORTER (April 2002) · Navigating the Overlapping Obligations of Workers' Compensation, ADA and FMLA, MID-WINTER MEETING MATERIALS, ABA LABOR AND EMPLOYMENT SECTION, COMMITTEE ON EMPLOYMENT RIGHTS AND RESPONSIBILITIES (March 2002) · As Layoffs Continue, Noncompetes Assume Urgency, BOSTON BUSINESS JOURNAL (December 2001) · Trends in the Enforcement of Non-Competition Agreements, BOSTON BUSINESS JOURNAL (October 2001) · Be Wary of Legal Issues When Making Temp or Contractor Staffing Decisions, MASS HIGH TECH (August 2001) Honors/Awards Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' leading labor and employment lawyers (2011) Listed in Massachusetts Super Lawyers Received the Myron Greene Award for Excellence in Advocacy at New York University School of Law |