Brendan J. Lowd

Litigation Experience

  • Dismissed a nationwide FLSA collective action filed against a department store retailer in the United States District Court for the District of Massachusetts based on arbitration agreements that employees signed, pursuant to the United States Supreme Court’s “Epic Systems” decision
  • Successfully settled a FLSA and Rule 23 putative wage and hour class action filed against a home health care company in the United States District Court for the District of Rhode Island, which followed a beneficial ruling at the motion to dismiss stage
  • Successfully settled a disability, sexual orientation, and overtime claim filed by a certified registered nurse anesthetist in the United States District Court for the District of Rhode Island on the eve of summary judgment and following a multitude of depositions
  • Successfully mediated a race discrimination claim at the Massachusetts Commission Against Discrimination on behalf of a Massachusetts general contractor
  • Successfully mediated a former employee’s First Amendment and other constitutional claims on behalf of a Connecticut general contractor
  • Successfully mediated a complex software contract dispute on behalf of a New Hampshire hospital and before suit was filed
  • Secured partial summary judgment on a prevailing wage and independent contractor misclassification lawsuit filed in the United States District Court for the District of Connecticut, which led to a favorable settlement for a Connecticut paint contractor
  • Defeated both FLSA conditional and Rule 23 class certification filed against a package delivery company in the United States District Court for the District of Massachusetts
  • Dismissed a putative Rule 23 class action for prevailing wage from the Massachusetts Superior Court’s Business Litigation Session on behalf of an electrical contractor
  • Dismissed a putative Rule 23 class action for alleged Sunday premium pay from the Rhode Island Superior Court’s Business Calendar based on an argument that the applicable statute lacked a private cause of action
Case Study

DOJ Declines to Intervene in Alleged Anti-Kickback/FCA Filing

Mintz is defending a major diagnostics company in a False Claims Act qui tam case filed by a former employee. The Department of Justice declined to intervene in the case, which involves allegations of managed care fraud. Mintz has filed a motion to dismiss and objections to discovery request