Windy's practice focuses on representing employers, executives and businesses involved in a variety of civil litigation, specializing in labor and employment matters, wage and hour claims, contract claims and other commercial disputes. Windy also advises clients on a broad range of employment and business issues in an effort to avoid potential litigation. She has tried both bench and jury trials, arbitrated labor disputes and argued appeals in state and federal court. Windy was included in the New England Super Lawyers listing, a Thomson Reuters publication, in the area of employment and labor in 2011. Notable Experience Representative Trials and Arbitrations · After a lengthy arbitration involving the interpretation of a hospital's collective bargaining agreement (CBA), Windy secured an arbitration award in favor of the hospital, including a finding that the hospital complied with the CBA when it hired a junior nurse who was substantially more qualified than the grieving candidate with seniority. · Windy obtained a multi-million dollar judgment in the Delaware Court of Chancery for the buyer of a leading radio station in the Florida market on its claims for fraud, breach of contract and breach of warranty against the seller of the station. In addition to damages and equitable relief, the award included attorneys' fees and costs of more than a million dollars. · She successfully arbitrated a claim on behalf of a physicians group brought by an employee-physician and shareholder who was terminated for cause, but claimed age discrimination and breach of his minority shareholder rights. The arbitrator found in favor of the employer-physician's group, ruling that the termination was for cause. Windy also obtained summary judgment on related shareholder claims brought by the plaintiff in the Superior Court, and a dismissal of the discrimination charge filed with the Massachusetts Commission Against Discrimination. · Windy obtained a jury verdict in favor of clients sued for breach of contract, in which the plaintiff sought a percentage of their toll ticket advertisement business and treble damages for alleged unfair and deceptive trade practices. As a result of the verdict in their favor, the clients maintained ownership and control over their business, and were not required to pay any compensation to the plaintiff. · She obtained a defense verdict after a bench trial for a large Boston hospital in which the plaintiff brought claims for personal injury on a premises liability theory. Representative Appellate Work · Windy represented an international telecommunications company (appellant) in the appeal of a summary judgment in its favor, which was entered by the U.S.D.C in Massachusetts. The First Circuit Court appeals affirmed the grant of summary judgment, finding that the parent company sued was not the plaintiff's employer within the meaning of applicable state and federal anti-discrimination statutes. · She successfully defended a multi-million dollar award she obtained from the Court of Chancery in the Delaware Supreme Court, which affirmed the award of monetary damages, equitable relief and attorneys' fees in its entirety. · Windy represented a national insurance company in a coverage dispute involving an exclusion that had not previously been interpreted by the appellate courts in Massachusetts. The District Court granted the insurer judgment on the pleadings, which was later affirmed by the First Circuit. Representative Counseling and Compliance Experience Windy has advised and successfully represented businesses and executives in matters involving: · claims of discrimination, retaliation and wrongful termination; · non-competition and trade secret agreements; · wage and hour claims; · employment, severance and separation agreements; · FMLA/ADA compliance; · claims of breach of contract and tortious interference with business relations; · fraud/unfair and deceptive trade practices; · misappropriation of trade secrets; and · labor disputes. Recent Speaking Engagements and Publications · "Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation," speaker, Edwards Wildman Palmer LLP Webinar, February 1, 2012. · "Noncompete Litigation Picks Up As The Economy Improves," quoted, Boston Business Journal, December 23, 2011. · "Illinois Supreme Court Clarifies the Standard of Review for Employers Seeking to Enforce Restrictive Covenants," co-author, Edwards Wildman Palmer LLP Client Advisory, December 2011. · " Walmart v. Dukes: Plaintiffs File Complaints Seeking Statewide Class Certification," co-author, The Corporate Counselor, December 2011. · "Exploring the Future of Non-Competes in Massachusetts," moderator, Edwards Wildman Palmer LLP Panel Discussion, November 15, 2011. · "State Bills Affecting Non-Compete Agreements," speaker, Mind Your Own Business (MYOB) Radio, November 2011. · "New ADAAA Regulations Significantly Expand Disability Protections and Burdens on Employers," co-author, Edwards Angell Palmer & Dodge Client Advisory, June 2011. · "Supreme Court Ruling Deals a Blow to Consumer Class Actions," co-author, Edwards Angell Palmer & Dodge Client Advisory, April 2011. · "Supreme Court Hears Oral Arguments in Largest Sex Discrimination Case in US History," co-author, Edwards Angell Palmer & Dodge Client Advisory, March 2011. · "President Signs HIRE Act - Gives Employers Incentives To Make New Hires," co-author, Edwards Angell Palmer & Dodge Client Advisory, March 2010. · "Arbitrability of Statutory Discrimination Claims," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Fall 2009. · "Multi-Million Dollar Jury Verdicts Serve as Reminder to Beware of Retaliation Claims," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Summer 2009. · "Risks of Romance," quoted, Best's Review, August 2009. · "Pitfalls of Employer Measures Aimed at Avoiding Layoffs," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Spring 2009. · "Protect Your Business With Noncompetes," co-author, Boston Herald.com - Women's Business, March 1, 2007. · "Employment Law Basics," co-author, ACC Docket, No. 10, November/December 2006. · In October 2006, Windy was a guest lecturer in an ethics course for third-year law students at Boston University Law School. The class focused on ethical dilemmas faced by associates in big firms. · "Employers Will Soon Face Burden of Maintaining Electronic Employment Applications," Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Fall 2005. · "A 'Nuts and Bolts' Review: How to Evaluate a Discrimination Claim," presenter, CLE/CE Program, New York, August 2005. · "Volunteer Workers May Bring Suit For Sexual Harassment in Massachusetts," Edwards & Angell Client Update, May 2005. · "Massachusetts Legislature Redefines Test For Independent Contractors," Edwards & Angell Client Update, May 2005. · "Anti-Smoking Policies May Subject Employers to Liability," Edwards & Angell Labor and Employment Bulletin, Spring 2005. · "Conducting Employee Background Checks Triggers Employer Obligations Under the Fair Credit Reporting Act," Edwards & Angell Labor and Employment Bulletin, Spring 2004. · "Termination Of At-Will Contract Based on Intercepted E-Mail Does Not Violate Public Policy or the Electronic Communications Privacy Act," Edwards & Angell Labor and Employment Bulletin, 2004. · "Employer's "No-Rehire" Policy for Employees Terminated for Misconduct is a Legitimate Non-Discriminatory Reason under the ADA," Edwards & Angell Labor and Employment Bulletin, 2004. · "Driver Fatigue: A New Area of Exposure For Employers," Edwards & Angell Labor and Employment Bulletin, Winter 2004. · "The Class Action Lawsuit: An Employer's Nightmare," Edwards & Angell Client Bulletin, February 2004. · Windy regularly participates as a judge in moot court competitions at Suffolk University Law School. She has also participated in legal education programs for elementary and high school students. News & Publications December 2011, Client Advisory - Illinois Supreme Court Clarifies the Standard of Review for Employers Seeking to Enforce Restrictive Covenants November 17, 2011, In Live Radio Interview, Windy Catino Analyzes State Bills Affecting Noncompete Agreements June 2011, Client Advisory - New ADAAA Regulations Significantly Expand Disability Protections and Burdens on Employers April 2011, Client Advisory - Supreme Court Ruling Deals a Blow to Consumer Class Actions March 2011, Client Advisory - Supreme Court Hears Oral Arguments in Largest Sex Discrimination Case in US History March 2010, Client Advisory - President Signs HIRE Act - Gives Employers Incentives To Make New Hires Fall 2009, Arbitrability of Statutory Discrimination Claims Fall 2009, Labor & Employment Bulletin - Fall 2009 Summer 2009, Labor & Employment Bulletin - Summer 2009 Spring 2009, Labor & Employment Bulletin - Spring 2009 June 25, 2008, Attorneys recognized at EAPD's Second Annual Pro Bono Award Reception August 15, 2007, Client Advisory - Taxation of Employment, Severance and Settlement Agreements April 10, 2007, Labor & Employment Bulletin - Winter/Spring 2007
Edwards Angell Palmer & Dodge LLP January 2, 2007, Ten Attorneys Admitted As Partners of Edwards Angell Palmer & Dodge December 1, 2006, Employment Law Basics
ACC Docket, No. 10 December 1, 2005, Labor & Employment Bulletin - Fall 2005 May 1, 2005, Labor and Employment Bulletin - Spring 2005 May 2005, Volunteer Workers May Bring Suit For Sexual Harassment in Massachusetts 2004, Conducting Employee Background Checks Triggers Employer Obligations Under the Fair Credit Reporting Act
Edwards & Angell, LLP - Labor and Employment Bulletin 2004, Labor & Employment Bulletin - Spring 2004
Edwards & Angell, LLP 2004, Labor & Employment Bulletin - Winter 2004
Edwards & Angell, LLP Before Edwards Wildman Prior to joining the firm's litigation and labor and employment groups in 2003, Windy was a law clerk to the Justices of the Superior Court from 1997 to 1998 and was associated with another law firm where she gained substantial litigation and trial experience. Besides Edwards Wildman Windy enjoys traveling and photography, and is active in her community. Events February 1, 2012, Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation November 15, 2011, Boston, MA, Exploring the Future of Non-Competes in Massachusetts Industries · Healthcare · Telecommunications · Broadcasting · Education Memberships · Boston Bar Association - former Co-Chair, Torts Committee · Women's Bar Association - Lifetime Member & Co-Chair of the Appointments, Awards & Endorsements Committee |