News & Events
Reed and Shepherd named to to "Top Employment Attorneys" list
22 Oct 2009
In its new Corporate Counsel Edition, Super Lawyers named Steve Reed and Jay Shepherd to its list of Top Attorneys in Employment and Labor Law. Steve and Jay were among 13 Massachusetts lawyers recognized in the category of employment-litigation defense. The selection process involves a statewide survey of Massachusetts lawyers, independent research, and a blue-ribbon panel review. Published by Law & Politics magazine, the "Super Lawyer" lists have recognized every lawyer who has ever worked at Shepherd.
Chambers USA names Shepherd a top lawyer for fourth straight year
16 Jun 2008
For the fourth year in a row, the Chambers USA Guide to America's Leading Business Lawyers has ranked Jay Shepherd as one of the top labor and employment lawyers in Massachusetts. Jay is one of just 24 lawyers to be named to the list in each of the past four years. In its editorial remarks, the Guide described Jay as "famed for his trade secrets and noncompete work.” Chambers uses 40 full-time researchers who conduct 14,000 interviews of clients and lawyers a year to develop its rankings and comments.
Shepherd featured on radio show discussing wage claims
16 May 2008
Jay Shepherd appeared on Boston's National Public Radio affiliate, WBUR 90.9 FM, in a live broadcast debating recent trends in wage litigation. The show, called Radio Boston and hosted by David Boeri, focused on the increase in class-action lawsuits brought by restaurant servers and skycaps over the payment of tips. Jay appeared live in studio throughout the hourlong program to rebut arguments from a noted plaintiffs' lawyer and answer questions from the host and callers. You can listen to the broadcast here.
Reed wins jury trial in disability lawsuit
3 Mar 2008
Shepherd's Steve Reed won a jury verdict after a four-day trial in Norfolk County Superior Court. A medical technician had sued a community hospital claiming that it had discriminated against her because of a disability. Steve and the Shepherd team argued that the hospital had laid the technician off as part of a larger cost-cutting campaign. Instead of discriminating against her because of any health condition, the hospital had in fact offered her many accommodations over the span of a decade. The jury agreed and ruled in favor of the hospital.
ABA Journal features Shepherd Law Group in story on billing innovators
1 Feb 2008
In the February 2008 issue of the ABA Journal, David Gialanella features Shepherd Law Group in an article on innovative billing. The story, "Taming the Billable Beast," discusses how Shepherd and two other firms have challenged the billable hour. The other two firms lowered or eliminated their billing requirements for first-year associates. Only Shepherd actually dispensed with hourly billing completely.
Shepherd Law Group in Boston has thrown out the billable hour altogether in favor of flat fees and fixed prices, and it could not have asked for a better result.
In 2007, says CEO Jay Shepherd, the firm “billed exactly 0.0 hours [yet] more than doubled our revenue for all of 2006.” He adds, “It sounds too good to be true. It’s not.” ...
In their new billing model, Shepherd and the other partners can get together to brainstorm strat egies—something that would have required billing for several different attorneys. Most clients would never stand for those sessions if charged by the hour.
In the article, Jay Shepherd discusses how the flat-fee system shifts the risks of spiraling legal costs: "'We bear the risk — not the client,' Shepherd says." You can read the story on the ABA Journal's website here.
Inc. Magazine features Jay Shepherd in noncompete story
30 Jan 2008
The February 2008 issue of Inc. Magazine includes an article on noncompetes called "Protecting Company Secrets," written by Scott Westcott. The story features Shepherd research showing that the number of noncompete decisions have risen by 85 percent in the past decade. The article talks about courts' reluctance to enforce them. From the article: "'Courts generally don't like the idea of putting people out of work,' Shepherd says. 'So you'd better have a pretty damn good reason for stopping someone from plying their trade.'" You can read the story on Inc.'s website here.
Successful noncompete defense named one of 2007's most important opinions
8 Jan 2008
Massachusetts Lawyers Weekly named a recent Shepherd victory as one of the year's most important court opinions. The case, Scully Signal v. Guay, was decided in Middlesex Superior Court. When a diesel-engine-products company hired a new salesman in Massachusetts, his former employer sued seeking an injunction preventing him from working there. The salesman had signed a noncompete agreement with the former employer preventing him from working for a “competitor” after he left. Shepherd successfully argued that the new company was not really a competitor to the old employer, and convinced the court to deny the injunction.
Boston Business Journal phones in the benefits of working at Shepherd
21 Dec 2007
In a story called "Law firms perk up to hire top talent," Boston Business Journal reporter writes about how some law firms are innovating when it comes to attracting the best lawyers. In the story, she cites Shepherd and its practice of giving each staff member a free iPhone. In the interview, Jay Shepherd explains his reasoning: "'Law firms know they have to compete for talent. As a result, you're not going to get much of a variance as far as money goes. One of the benefits of perks and bonuses is that you send more of a message. We're trying to send the message that we're a different kind of firm. We don't bill by the hour and we have an iPhone instead of a BlackBerry.'" You can read the story on the BBJ's website here.
Jay Shepherd named one of "The Top 100 Lawyers in New England"
30 Oct 2007
Law & Politics magazine named Jay Shepherd one of the top 100 lawyers in New England. There are about 75,000 attorneys in the six New England states, according to bar records. Within the Top 100, Jay is one of only three full-time management-side employment lawyers. The list was published in the November issue of Boston Magazine.
Law & Politics also named Steve Reed as a "Super Lawyer" in the labor-and-emploment and employment-litigation fields. According to the magazine, that designation is only given to the top five percent of lawyers in New England. The selection process involves a statewide survey of New England lawyers, independent research, and a blue-ribbon panel review. For Steve, it was the third year in a row being named as a "Super Lawyer." Jay Shepherd was previously named a "Super Lawyer Rising Star," as was Mike Bertoncini.
Boston Globe profiles Shepherd and its war on hourly billing
8 Oct 2007
Globe legal-business reporter Sacha Pfeiffer wrote a feature story for the front page of the business section about the firm and its elimination of hourly billing. Quoting satisfied clients and national experts, Pfeiffer discussed the problems with hourly billing and why up-front pricing puts the clients' interests in line with the law firm's. To read the article, click here.
Chambers USA names Jay Shepherd a top lawyer 3rd year running
15 Jun 2007
For the third straight year, the Chambers USA Guide to America's Leading Business Lawyers has ranked Jay Shepherd as one of the top labor and employment lawyers in Massachusetts. In its editorial remarks, the Guide wrote: “Described by peers as ‘one of the bright young talents in the field,’ suggesting that he was ‘deserving of continued recognition.’ A regular tip from his peers, he is ‘prominent with regards to trade secrets and noncompete.’ Sources stated that ‘if I have a conflict, he’s my go-to guy.’” Chambers uses 40 full-time researchers who conduct 14,000 interviews a year to develop its rankings and comments. Click here for a link to the listing.
Shepherd debates NOW president on MSNBC Live
22 May 2007
Jay Shepherd appeared twice today on MSNBC Live to debate the rights of parents in the workplace. In the first segment, Shepherd faced off against Kim Gandy, the president of the National Organization for Women. Later, he debated Kimarie Rahill McDonald, a noted New Jersey family lawyer. The discussions focused on whether parents deserved certain rights in the workplace that weren't available to nonparents. “The answer isn’t legislating new rights,” Shepherd said. “Employers are doing a better job at being more family friendly and more flexible.” Click here to watch the segments on Gruntled Employees.
Magazine names “Gruntled Employees” best of the Web
8 Apr 2007
Human Resource Executive magazine recognized Jay Shepherd’s “Gruntled Employees” blog in an article on the “Best of the Web.” The blog was named the best in the HR law category. Reporter Tom Starner wrote: “As it says at this informative (and smartly named) blog, managed by employer advocate and attorney Jay Shepherd, the idea is to reduce employee lawsuits, which require employers to focus on keeping the workforce ‘gruntled.’” Click here to visit the blog.
Seminar: Practicing Before the MCAD
8 Feb 2007
Steve Reed and other discrimination-law experts and government officials held a well-attended seminar at Massachusetts Continuing Legal Education in Boston. The daylong course taught lawyers and other professionals the ins and outs of handling cases before the Massachusetts Commission Against Discrimination. Steve shared his expertise as a management lawyer who has handled all types of discrimination cases. This is the third year in a row that a Shepherd lawyer have been on the panel; it was Steve's second consecutive appearance. Anyone interested in the MCAD should contact Steve to learn more about what the panel discussed.
Seminar: Labor Law Issues in Health Care
8 Feb 2007
Mike Bertoncini joined other labor-law and healthcare-law experts in a groundbreaking Boston Bar Association seminar. The industry landscape is rapidly changing, with increasing union organizing and more-frequent strikes and threatened job actions. Anyone interested in the region's most important industry should contact Mike to learn more about what the panel discussed.
Shepherd chaired class on employment agreements
31 Jan 2007
Jay Shepherd chaired this seminar for lawyers at Massachusetts Continuing Legal Education in Boston. The four-hour class covered battle-tested strategies for negotiating and drafting key employment documents such as employment agreements, noncompetes, personnel manuals, and severance agreements.
Shepherd alumnus Martin Ebel named Commissioner of MCAD
2 Jan 2007
In one of his final acts in office, Massachusetts governor Mitt Romney appointed former Shepherd lawyer Martin S. Ebel as one of three commissioners of the influential Commission Against Discrimination. The Commission handles most of the discrimination cases brought in Massachusetts. In Ebel, the Commission got an experienced employment litigator and counselor who has represented both companies and individuals during his distinguished career. Before his appointment, Ebel was serving as the Commission's general counsel. From 1999 to 2003, he was a partner at Shepherd; the firm was then known as Shepherd & Ebel, LLP.
Shepherd lawyers defeat attempt to shut down software startup
30 Oct 2006
The company that dominates the Massachusetts pension-administration software market sought to shut down a startup competitor founded by its former employee. The larger company sued in the Suffolk County Business Litigation Session to enforce a noncompete agreement the employee had signed. The startup hired Shepherd to defend it in court. The larger company's lawyers argued that the employee had signed the noncompete in exchange for access to the company's confidential information. But as the Shepherd team argued to the court, the noncompete described a "consultant" role that the employee never actually held. (Apparently, the company had reused a noncompete originally written for a different purpose.) The judge agreed with the Shepherd lawyers, ruling that the court was not obligated to alter the written agreement. The court denied the injunction, allowing the startup to stay in business and compete in the marketplace. Massachusetts Lawyers Weekly recently named this case one of the most important opinions of 2006.
Reed and Shepherd named "Super Lawyers"
29 Oct 2006
In its annual survey listing the top five percent of lawyers in Massachusetts, Law & Politics magazine named Steve Reed and Jay Shepherd as "Super Lawyers" in the employment-litigation field. The selection process involves a statewide survey of Massachusetts lawyers, independent research, and a blue-ribbon panel review. For Steve Reed, it was the second year in a row being named as a "Super Lawyer." Jay Shepherd was previously named a "Super Lawyer Rising Star," as was Mike Bertoncini.
Boston Globe quotes Jay Shepherd on perils of office romance
15 Oct 2006
Globe correspondent Jason Tuohey reported on the prevalence of office romances and the pitfalls they can cause for employers and employees alike. Tuohey quoted Jay Shepherd about the dangers of workplace relationships: "Employers can't pretend that people are going to completely separate their [love] lives and their workplace lives," said Jay Shepherd, principal at Shepherd Law Group, a Boston firm serving businesses with employee disputes. "You just need to be smart about it and keep your eyes open for problems." Companies also don't like it when couples split up. Failed workplace relationships can lead to productivity problems, lawsuits, and harassment claims, Shepherd said.
Making & Breaking Noncompetes seminar
20 Sep 2006
For the third time in a row, Jay Shepherd chaired the popular seminar "Making and Breaking Noncompetes" at the Massachusetts Bar Association. This panel of experts, including Judge Allan van Gestel — the chief of the Business Litigation Session, which is responsible for much of Massachusetts noncompete jurisprudence — and IONA Technologies' general counsel Christopher Mirabile, covered the tactics of drafting and litigating noncompete agreements. Former MBA president RIch van Nostrand and Morgan Brown lawyer Tracy Boland rounded out the panel. The seminar drew more than 60 lawyers, who were able to listen to and engage in a lively discussion about the practical aspects of evolving area.
Shepherd wins injunction to enforce noncompete
19 Jun 2006
At 11:00 a.m. on a Friday, an internet-communications company phoned Shepherd with a problem: one of their software engineers was leaving to work for a direct competitor. Five hours later, Shepherd lawyers were in court arguing for — and winning — a temporary-restraining order to prevent the worker from sharing trade secrets. Ten days later, they were back in court winning an injunction to prevent the engineer from working for the competitor.
Jay Shepherd lectures at annual MBA conference
15 Jun 2006
Jay Shepherd spoke at the annual Massachusetts Bar Association Spring Employment Law Conference held at the Colonnade Hotel in Boston. Shepherd was one of four panelists chosen to review the most-important cases of the past year. Speaking to an audience of more than a hundred lawyers, Shepherd lectured on common-law cases, including wrongful termination, noncompetes, and breach of contract.
Jay Shepherd to chair committee to rewrite Mass. discrimination law
1 Jun 2006
Jay Shepherd was named cochair of a new Boston Bar Association committee charged with rewriting Chapter 151B, the Massachusetts antidiscrimination statute. James Weliky, a leading plaintiffs' lawyer, will cochair the committee with Shepherd. Martin Ebel, the general counsel of the Massachusetts Commission Against Discrimination, will also have a leading role. The bipartisan panel will strive to translate the law into Plain English and resolve the many inconsistencies in the statute.
Jay Shepherd quoted by Boston Globe on sex harassment
25 May 2006
When the CEO of a Boston company was forced out following sexual-harassment allegations, The Boston Globe ran a front-page story on the difficulties sexual harassment creates for employers. Globe reporter Sacha Pfeiffer interviewed Jay Shepherd and other employment lawyers: "Sexual harassment is such a messy area," said Jay Shepherd, a Boston lawyer who specializes in employment law and teaches sexual harassment training courses for employers. "In many ways, it's one of the most difficult areas of employment law because it's always 'he said, she said' or 'he said, he said.'" Click here for a link to the article.
Chambers USA again names Jay Shepherd a leading business lawyer
1 May 2006
For the second straight year, the Chambers USA Guide to America's Leading Business Lawyers has ranked Jay Shepherd as one of the top employment-defense lawyers in Massachusetts. In its editorial remarks, the Guide wrote: "Jay Shepherd at Shepherd Law Group, P.C. is a 'strong lawyer who is really making his way up in this world.' He continues to impress sources for his expertise in the noncompete arena where he always 'cuts to the chase.'" Chambers uses 40 full-time researchers who conduct 10,000 interviews a year to develop its rankings and comments. Click here for a link to the listing.