Shepherd Results
Shepherd has a proven track record of success. We’ve helped employers large and small with lawsuits and other employment-law headaches. We’ve defended our clients against discrimination claims filed in state and federal courts and agencies. In the noncompete field, we’ve beaten some of the largest law firms in the nation, including four of the American Lawyer 100 firms. Here is just a sample of our results:
Some Employers We've Helped
- Caritas Christi Health Care
- Mellon Financial Corporation
- Adobe Systems
- The Newark Group
- The Bank of New York
- Massachusetts Bay Transportation Authority (MBTA)
- Samsonite Corporation
- IONA Technologies
- Costco Wholesale
- Brix Networks
- Performance Food Group (PFG)
- Comprehensive Identification Products, Inc. (CIPI)
- Northern Trust
- Ardence
- Data Domain
- Agar Supply
- BeVocal
- Emerson Hospital
- The Cypress Group
- Beverly National Bank
Some of our cases:
Noncompete defense
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. We successfully argued that the new company was not really a competitor to the old employer, and convinced the court to deny the injunction.
Unfair-Labor-Practice Defense
A hospital changed its parking policy from one where it disciplined employees who parked in patient spots to one where it ticketed and then towed employee vehicles that were parked in those spots. The union filed an unfair-labor-practice charge alleging that the hospital couldn't make this change without first bargaining with the union. The National Labor Relations Board dismissed the charge, adopting our position that the employer had the right to make this change unilaterally.
Race & Disability Discrimination
A legal secretary sued one of Boston's largest law firms multiple times — while still working there — claiming race and disability discrimination. We removed her cases to federal court, then successfully negotiated a settlement that required her to resign and gave her just half of a percent of her demand.
Collective Bargaining
We bargained a successor agreement where we were able to get the union to agree to 86% of the employer's proposals. These proposals included regaining the employer's right to subcontract some or all of its operation and greater flexibility to use per diem employees. We were able to win these enhancements to the employer's rights without any picketing or work stoppage.
Noncompete Enforcement
An internet-communications company sued a former software engineer to enforce his noncompete and prevent him from going to its direct competitor. Within five hours of our client's call, we won a temporary-restraining order prohibiting the employee from sharing information with the competitor. Within ten days, we won an injunction preventing him from working for the competitor for a year.
Noncompete Defense
A personnel-placement agency tried to drive our client — a competing startup — out of business. The agency sued in state court, claiming that the startup's founders were violating a noncompete. We successfully defeated the injunction — beating the 13th-largest law firm in the country — and kept our client in business. The case is now frequently cited for important Massachusetts noncompete principles.
Race Discrimination
A supervisor passed over for promotion at a parking-services company sued for race discrimination. We successfully defeated the claim at the Massachusetts Commission Against Discrimination, arguing that the real reason the employee wasn't promoted was his poor performance and weak attendance record.
Trade-Secret Theft
An international identification-products supplier sought to prevent a product manager who stole customer secrets from going to its main competitor. We won an injunction prohibiting the employee from contacting former customers.
Disability Discrimination
An ex-employee sued an international advertising-display company claiming discriminatory termination based on disability. We successfully defeated the claim before the New York Division of Human Rights, vindicating our client.
Noncompete Defense
A pension-software company sued a startup competitor in the Business Litigation Session to enforce a noncompete agreement a former employee had signed. Four days after the lawsuit was filed, we were in court arguing that the noncompete didn't say what the company wanted it to. The judge agreed, ruling that the court should not alter the written agreement. The court denied the injunction, allowing the startup to stay in business and compete in the marketplace.
Noncompete Defense
A startup medical-diagnostics company was sued by its founder's former employer for breach of her noncompete. We defeated the injunction in state court, allowing our client to stay in business. In doing so, we beat a 600-lawyer firm.
Sexual Harassment
A female former employee sued a small, family-run retailer, alleging that the owner had sexually harassed her. We successfully settled the case for a nominal amount.
Family and Medical Leave Act
A former supervisor sued an international paperboard manufacturer in federal court claiming unlawful termination after requesting time off under the FMLA. After pursuing an aggressive discovery campaign, we successfully negotiated a settlement for less than one percent of the employee's demand.
Noncompete Agreements
A publicly traded consulting firm needed to overhaul its noncompete and confidentiality agreements nationwide (13 states). We completely rewrote the agreements in Plain English to be enforced in each state where the firm does business. We completed the entire job, including follow-up advice work, on time for an up-front price.