David P. Mason

Counsel Boston

Mr. Mason provides employment law counseling and litigation services to clients that include businesses of all sizes (ranging from start-ups to multinational corporations), higher education institutions, and non-profits. He regularly litigates claims involving employees or former employees in federal and state courts and before federal and state fair employment practices agencies. Mr. Mason also has extensive experience litigating complex cases before arbitral bodies such as the Financial Industry Regulatory Authority (“FINRA”) and the American Arbitration Association. His litigation expertise includes federal and state discrimination and harassment claims, wage and hour claims, disputes over alleged violations of non-competition, non-solicitation and confidentiality restrictions and related business torts, complex business disputes, and disputes about corporate governance. He also has assisted clients in conducting internal investigations and responding to governmental investigations.

Mr. Mason also counsels clients to ensure legal compliance and prevention of disputes. He has addressed such matters as training and counseling aimed at avoiding discrimination and harassment in the workplace, properly accommodating disabilities and administering leaves, and wage and hour law compliance.

Mr. Mason has developed an expertise in data privacy and helps clients comply with the myriad federal, state, and international laws and regulations concerning data protection and breach notification. He advises clients concerning data security planning and policies to avoid potential loss of sensitive data, and assists clients in meeting their notification obligations if a data breach occurs.

Before joining Ogletree Deakins, Mr. Mason practiced employment law and litigation at a major national law firm and a boutique litigation firm in the Boston area. Mr. Mason also served as a Special Assistant District Attorney in the Middlesex County District Attorney’s Office, handling a diverse and large criminal caseload. He represented the Commonwealth of Massachusetts daily in trial courts, including many trials and evidentiary hearings. His service after law school as a law clerk to the Honorable George A. O’Toole, Jr. in the U.S. District Court, District of Massachusetts, gives Mr. Mason an additional unique insight into the litigation process.


Experience

Example Litigation Matters:

  • Obtained summary judgment in federal court for employer in case alleging racial discrimination, racial harassment and retaliation.
  • Obtained dismissals with findings of no probable cause from EEOC and Massachusetts Commission Against Discrimination in several matters alleging claims of discrimination and/or harassment.
  • Assisted life sciences professional staffing provider in enforcing restrictive covenants against former employees and newly-formed competing entity through litigation.
  • Successfully defended start-up client and executives in defeating former employer’s request for preliminary injunction in restrictive covenant, business tort, misappropriation of confidential information, and Computer Fraud and Abuse Act matter.
  • Successfully defended registered representative in defeating preliminary injunction request from former employer based on representative’s transition to new broker-dealer.
  • Represented biopharmaceutical company in successful defense of class action by employees in former unit related to loss of stock option rights because of divestiture of that unit.
  • Represented university in responding to state attorneys’ general investigations into student lending practices.
  • Represented employer in responding to state attorney general investigation into wage and hour practices and convinced attorney general to withdraw citation during administrative appeal.
  • Represented financial services employer in successfully defeating National Labor Relations Board unfair labor practice charge presenting unique attempt at expansion of National Labor Relations Act coverage.
  • Represented several clients in responding to regulatory inquiries into stock-option pricing practices.

Example Counseling Matters:

  • Advise multiple clients on breach notification obligations and regulatory compliance based on data breaches involving employee or customer personal information, including coordinating technical analysis, conducting multi-state and international legal analysis, and preparing compliant notifications to affected individuals and regulators.
  • Assist clients in developing data security plans and data breach response protocols and.
  • Advise clients on federal and state wage and hour law compliance, including exempt classification, reclassification, wage payment practices, and specialized New England states’ holiday and “Blue Law” restrictions.
  • Assist clients in developing and revising employee handbooks, policies and guidance to comply with federal and state law.
  • Provide training to clients’ workforces on discrimination and harassment prevention.
  • Counsel clients on employee termination issues and compliance with the federal WARN Act and similar state statutes during reductions in force.
  • Counsel clients on employee transitions to assist in avoiding disputes with prior employers over restrictive covenants or confidential information. 
  • Counsel clients in pre-litigation efforts to address improper competitive conduct by employees departing to work for competitor.
  • Serve as outside counsel to start-up medical device company on employment policies and practices.
  • Served as lead counsel assisting international non-profit organization with legal formation and obtaining tax-exempt status.

Professional Activities and Speeches

Professional Activities:

  • Boston Bar Association (Labor & Employment Section; previous member of Steering Committee)
  • Massachusetts Bar Association

Published Works

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Our Insights

Media

Media Quotes

November 11, 2014 - Employment Law Daily (blog of the week) - "New England Employers Beware Holiday Opening Bans"
2004 - 46 Wm. & Mary L. Rev. 731 - "Barking Up The Wrong Tree: The Misplaced Furor Over The “Feeney Amendment” As A Threat To Judicial Independence"

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