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David Barmak

Employment-Related Litigation & Counseling

  • Prevailed at trial on behalf of a federal government contractor accused of defaming an employee, adversely impacting the employee's security clearance.
  • Won an arbitration for a consulting services firm sued by a former executive for millions of dollars in severance, equity and other payments, in which the executive’s claims were denied in full, and the firm won lost profits for his competition in violation of his non-compete obligations.
  • Obtained summary judgment in favor of "fast casual" restaurant group on retaliation claim, which was upheld in U.S. Court of Appeals.
  • Conducted for a client's Board of Directors an internal investigation of an executive's alleged sexual harassment of various employees.
  • Successfully defended an FLSA (Fair Labor Standards Act) collective action in which, among other things, we were able to limit the number of opt-ins to only approximately 8% against typical rates of 15% - 30%.
  • Obtained an order compelling arbitration of individual wage claims and dismissing class action claims against a government contractor.
  • Represented a Fortune 500 company in successfully resolving without liability retaliation and whistleblowing allegations under the False Claims Act and state law.
  • Represented a financial services firm in the successful resolution of trade secret claims against a former employee.
  • Represented a laboratory in pursuit of five former employees who became employed by a competitor on trade secret misappropriation, breach of fiduciary duty, use of confidential information to solicit our client's customers and other claims.
  • Successfully defended a manufacturer against retaliation and whistleblower claims under the Food Safety Modernization Act (FSMA) and the Occupational Safety and health Act (OSHA), resulting in a dismissal of the claims and a finding of no liability.
  • Developed executive employment agreements for the senior executives of a major New England hospital system and affiliated entities.
  • Represented a national, publicly traded clinical laboratory company, in defense of a federal court lawsuit filed by an ex-employee who alleges retaliation in violation of the Family and Medical Leave Act (FMLA), and wrongful discharge.
  • Won arbitration for healthcare company executive enforcing his severance agreement and defeating claims he violated his non-compete.

Complex Business Litigation

  • Representing purchasers of interests in tobacco escrow accounts relating to the allocation of responsibility for qualified settlement fund taxes
  • Successfully defended a title company against Freddie Mac's attempt to add them to the list of excluded providers.
  • Assisted a restaurant group (an LLC) in ousting a non-performing member.
  • Successfully represented former shareholders in a suit to obtain disbursement to them of the balance of a contingent purchase price due under the terms of a stock purchase agreement.
  • Won a defense verdict in a federal court jury trial for our client, a healthcare company, sued for millions of dollars in claimed commission dispute.
Case Study
Mintz represented GardaWorld (Aegis Defense Services) when an EMT sued for defamation, claiming a report falsely accused him of misconduct and caused him to lose his State Department clearance. The court granted a motion to strike the evidence.
Case Study
Mintz advised Seventh Generation, a maker of environmentally friendly household cleaning products, from its beginnings as a catalog company through its evolution into a leading “green” company. Mintz also represented the company in its sale to Unilever.
Case Study
Mintz represented Cava when a former employee claimed she was fired for reporting sexual harassment of other employees. The firm argued the woman was terminated not for filing the report, but because the client believed she had falsified it.