Neil V. McKittrick

Shareholder Boston

Mr. McKittrick has extensive trial experience in employment and business disputes. He has represented clients in a wide array of litigation, including (1) allegations of workplace discrimination and harassment; (2) cases involving disputes over trade secrets, non-disclosure, non-competition and non-solicitation covenants in financial services, biotechnology, pharmaceuticals, high technology and other industries; and (3) the defense of class and collective actions, with particular experience in the hospitality and retail sectors. He also has extensive experience counseling and advising businesses on their compliance with anti-discrimination laws and other employment-related matters, including contract claims, employee privacy rights and workplace security issues. In addition, Mr. McKittrick provides traditional labor law advice and has represented employers in collective bargaining, interest and grievance arbitration, unfair labor practice charges, picketing and other threatened work actions. He created the firm’s pro bono policy and serves on the firm’s Pro Bono Committee, and he is a Co-Chair of the firm’s Appellate Practice Group. He formerly served as the Assistant Director of the White House Security Review (1994-95) and as a law clerk to the Honorable Frank M. Johnson, Jr. of the U.S. Court of Appeals for the Eleventh Circuit (1987-88). He was also previously a partner in the Boston law firms of Hill & Barlow and Goulston & Storrs.


Experience

  • Summary judgment on behalf of textile manufacturer in a federal court class action alleging WARN Act and state Wage Act violations.
  • Summary judgment (affirmed on appeal) on behalf of professional services firm in a disability discrimination claim.
  • Summary judgment on behalf of defense contractor in an Equal Pay Act case.
  • Summary judgment in a landmark federal class action on behalf of plaintiff class of more than 3,000 adults with developmental disabilities on a waiting list for services to which they were entitled under the Medicaid Act.  Case resolved by a court-approved $114 million settlement.
  • Counsel of Record on an amicus curiae brief filed in the U.S. Supreme Court on behalf of the state of Oregon and 58 former commissioners of mental health and developmental disabilities from 36 states in Olmstead v. L.C., a leading Americans with Disabilities Act case.
  • Co-counsel on an amicus curiae brief filed in the U.S. Supreme Court on behalf of 32 national disabilities rights groups in support of professional golfer Casey Martin in his successful Americans with Disabilities Act case against the PGA Tour.
  • Motion to dismiss on behalf of public employer defending Title VI sex discrimination claims and alleged due process violations in connection with a public construction project.
  • Summary judgment in patent infringement case defeating doctrine of equivalents argument based on patent history estoppel.
  • Verdict for commercial landlord in breach of contract case involving enforceability of one million dollar liquidated damages clause. Included among Massachusetts Lawyers Weekly's most significant defense verdicts of 1996.
  • Verdict for contractor in breach of contract/alleged construction defects case.
  • Verdict on behalf of senior executive in breach of contract case involving incentive compensation.
  • Arbitration award on behalf of manufacturer against sales representative in breach of contract claim.

Professional Activities and Speeches

Professional Activities:

  • Federal Bar Association, Massachusetts Chapter (Past President and Executive Committee)
  • Boston Bar Association (Employment and Labor Law Section, Former Co-Chair, Labor Law Committee)
  • Employment Law Strategist (Editorial Board)
  • Lawyers’ Committee for Civil Rights Under Law, Washington, D.C. (Northeast Regional Co-Chair, Executive Committee and Board of Directors)
  • Lawyers’ Committee for Civil Rights and Economic Justice, Boston, MA (Board of Directors)
  • Boston Municipal Court Alternative Dispute Resolution Project (Pretrial Case Conferencer/Mediator)
  • Massachusetts Bar Foundation (Fellow)
  • Massachusetts Business Alliance for Education Commission on Educating a 21st Century Workforce (Chair)
  • Governor Deval Patrick Transition Committee, Education Working Group (Member)

Speeches:

  • Massachusetts Lawyers Weekly (moderator) - ''In-house Counsel Panel'' - Boston - December 2015
  • Northeastern University Law Journal Symposium - ''Data Security'' - Boston - March 2015
  • Inside NGO Annual Conference - ''Telecommuting Policies, Legal Considerations'' - Washington - July 2014
  • Boston Bar Association - ''Internal Investigations in Securities Matters'' - Boston - January 2014
  • Inside NGO Annual Conference - ''Social Media in the Workplace'' - Washington, D.C. - June 08, 2011
  • Inside NGO Webinar - ''Social Media in the Workplace'' - November 30, 2010
  • Judicial Conference of U.S. District Court for District of Massachusetts - ''E-Discovery Amendments to Rules of Civil Procedure'' - Boston - June 14, 2007
  • MCLE Seminar - ''Valuation of Cases'' - Boston - October 13, 2006
  • MIT Sloan School Innovation Period - ''Shifting Standards of Legal Accountability'' - Cambridge - March 2006
  • Suffolk University Law School Continuing Legal Education - ''E-Discovery Seminar'' - Boston - 2006
  • Biometritech Conference - ''Biometrics and Employee Privacy Rights'' - New York - June 26, 2002
  • Massachusetts Software and Internet Council Legal Issues Series - ''Workplace Privacy: Employer Control of Employees’ Activities in Cyberspace'' - Waltham - May 01, 2002
  • ABA/National Legal Aid and Defender Association 2002 Equal Justice Conference - ''Leaders Securing a Better Future for the Legal Profession'' - Cleveland - April 19, 2002
  • 46th Annual Meeting of the South Norfolk County ARC - ''The Successful Challenge to the Waiting List, What It Means to You'' - Westwood - May 16, 2001
  • Annual Meeting of the Massachusetts Chapter of the American Association on Mental Retardation - ''The Service System beyond the Year 2001: Implications of the Waiting List Settlement'' - Westborough - April 27, 2001
  • Illinois Conference of Executives of The Arc of Illinois - ''Litigation Trends: A National Perspective on System Changes and Their Relevancy to Illinois'' - Chicago - February 22, 2001
  • MCLE Conference - ''Elder and Disability Law'' - Boston - 2001

Published Works

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Our Insights

Media

Media Quotes

July 23, 2015 - Boston Globe - "Court Orders Boston Police to Reinstate Fired Officer"
May 28, 2014 - Practical Law Journal - "Employer Can Be Liable Under Title VII for Negligently Permitting a Co-Worker's Discriminatory Efforts to Cause an Employee's Termination"

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