Biography

Dave Wilson is a founding partner of the firm and has spent nearly three decades defending employers in employment, wage and hour, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Dave also defends employers in related administrative proceedings before the MCAD, the New Hampshire Human Rights Commission, and various federal and state agencies on matters ranging from wrongful termination, sexual harassment, workplace violence, privacy, discrimination, non-competition and defamation to wage and hour disputes. In 2015 Dave was recognized by his peers as Lawyer of the Year 2015 by Best Lawyers in America for his work in Litigation – Labor and Employment.

Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law.  Dave also has an acute interest in the intersection between technology, the law and the workplace and has written and presented extensively on social media and hidden cameras in the workplace.  He is a MCAD certified trainer in Preventing Harassment in the Workplace and Preventing Discrimination in the Workplace and has served on the faculty for the MCAD certification course.

Dave is a member of HRW’s Data Security Team, which was formed to develop a comprehensive approach to the new data security statutes and regulations (M.G.L. ch. 93H, 93I, 201 C.M.R. 17.00, et seq.) including developing programs for compliance, speaking and training on the subject, and monitoring and participating in relevant legislative activities.

Practice Areas

Education

  • Northeastern University School of Law, J.D., 1986
  • Amherst College, B.A., 1982

Recognition and Professional Affiliations

  • Named Lawyer of the Year for Employment Law – Management, Boston, by Best Lawyers in America, August 2017
  • Rated AV Preeminent by Martindale-Hubbell in Labor and Employment Law, and Litigation
  • Named a Best Lawyers 2015 Lawyer of the Year in Employment Law – Management
  • Included in Best Lawyers in America in Employment Law – Management and Litigation – Labor and Employment, 2013 to present
  • Named a Massachusetts Super Lawyer (top 5% of lawyers), published in Boston Magazine, in Employment & Labor Law, and Civil Litigation Defense, 2004, 2008 to present
  • Contributing Author, Xpert HR
  • President of the Friends of Leary Field, Inc.
  • Board of Trustees for the American College of Sofia
  • Board of Directors Communities for Restorative Justice, Concord, MA
  • Board of Directors, Acton-Boxborough Youth Soccer (Past President 2000 -2003)

Published Works and Appearances

  • Faculty Member, MCLE’s Annual Employment Conference 2014, 2012, 2011, 2010
  • Contributing Author, Employee Privacy: Massachusetts, XpertHR, a web-based employment compliance service (for a summary of this article please click here)
  • Contributing Author, Minimum Wage: Massachusetts,XpertHR (for a summary of this article please click here)
  • Contributing Author, Overtime: Massachusetts, XpertHR (for a summary of this article please click here)
  • “An Employer’s Guide to Hidden Cameras in the Workplace” (5/2008), published in Massachusetts Oilheat Council Newsletter
  • “Wrongful Termination and Exceptions to At-Will Employment” (6/15/2007) presented at Massachusetts Continuing Legal Education Seminar, co-chair of seminar, contributing author to seminar handbook
  • “Navigating the Corporate Blogosphere”, coauthored with Rita Trivedi (November 2006), published in Bender’s Labor & Employment Bulletin
  • “Hidden Cameras in the Workplace – Lessons Learned from Nelson v. Salem State College” (September/October 2006), published in Municipal Lawyer, Vol. 45, No. 5
  • “Big Brother, Hidden Cameras & Other Surveillance in the Workplace”, co-presented with Jeffrey M. Feuer, Esq., and David R. Kerrigan, Assistant Attorney General (1/11/2006) at Massachusetts Bar Association Luncheon Roundtable
  • Regular presenter of educational programs for professional and trade associations, including Associated Industries of Massachusetts, Smaller Business Association of New England, the Massachusetts Provider’s Council and others

Bar Admissions

  • Massachusetts, 1986
  • New Hampshire, 1996
  • Federal District Court of Massachusetts, 1987
  • Federal District Court of New Hampshire, 1996
  • U.S. Court of Appeals, First Circuit, 1987

Representative Matters

Employment and Discrimination Litigation

  • Won jury verdict for a large regional lending institution defending against claims of race, color, and national origin discrimination following a four-day trial.
  • Won summary judgment in favor of regional assisted living facility on former executive director’s claims of defamation, breach of contract, and bad faith termination in violation of public policy.
  • Successfully defended a national hotel company, through trial and appeal, from wage and hour claims relating to a claimed failure to properly pay tips for banquet employees, limiting damages to $2.46. Created for employer’s favorable law on appeal relating to attorney’s fees in wage and hour cases.
  • Successfully represented national truck rental company in sex, race, color, and national origin discrimination lawsuits filed by eight current or former employees. Plaintiffs also sought class action status, but case successfully positioned for mediation and then favorable global settlement.
  • Successfully advised president of financial institution on reorganization of senior management team while completing sexual harassment investigation.

Noncompetition Litigation

  • Successfully defended staffing company and recently hired employee against former employer’s claims for violation of non-completion agreement.
  • On behalf of a major technology research company successfully obtained injunctive relief to prevent disclosure of proprietary information, solicitation of clients and former employees.

 

Prior Experience

Dave spent his year after graduation (1982-83) as the “Green Dean” in the Amherst College Admission Office where he helped recruit and pick the class of 1987.  He spent the summer before law school with a chain saw clearing forests for roads.  Dave practiced in the Labor and Employment group at Robinson & Cole LLP from 1993 to 2008 as an associate and for the last 8 years as an equity partner.  Prior to that Dave was an associate at Harrison & Maguire, P.C.

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