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.

Learn more about Neil V. McKittrick
  • 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.

Education

  • J.D., University of Virginia School of Law, 1987
  • A.B., magna cum laude, Brown University, 1983

Admittance to Practice

  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Supreme Court

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

  • Ogletree Deakins Workplace Strategies Seminar - "Ethical Considerations of Technology’s Impact on the Attorney-Client Relationship" - San Diego - May 6, 2017
  • 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 8, 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 1, 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
  • December 27, 2018 - SHRM Online - "Massachusetts Employers Should Review Ban-the-Box Amendments"
  • May 19, 2017 - Bloomberg BNA - "The First Year of Litigation Under the Defend Trade Secrets Act: What Employers Need to Know"
  • June 27, 2013 - SHRM.org - "Public Employee Not Entitled to Bring Legal Claims in Post-Termination Arbitration"
  • January 2011 - Employment Law Strategist - "Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status"
  • November 2009 - Employment Law Strategist - "Too Much Information? Looking for Employees and Applicants on the Internet"
  • November 2008 - Boston Business Journal - "Educating the 21st Century Workforce"
  • September 2008 - Employment Law Strategist - "Competing Definitions of ‘Mass Layoffs’ Under the WARN Act"
  • March 2008 - New England In-House - "New Massachusetts Ethics Rule Requires In-House Counsel to Report Wrongdoing"
  • October 2007 - Employment Law Strategist - "‘Tip Pooling’ and Wage and Hour Laws"
  • June 25, 2007 - Massachusetts Lawyers Weekly - "New Book Uncovers the ‘Political’ in the Judicial Branch"
  • January 8, 2007 - Massachusetts Lawyers Weekly - "Voluminous Treatise on Business Cases Worth the Time"
  • Summer 2003 - Shopping Center Legal Update - "Balancing Workplace Security with Employee Privacy Rights"
  • May/June 2001 - Boston Bar Association Health Law Section Newsletter - "Boulet v. Cellucci: The End of the Waiting List for Adults with Mental Retardation in Massachusetts"
  • January/February 1994 - Boston Bar Journal - "The Appeals Court: Balancing the Insurer’s Duty to Defend with the Duty to Settle Third Party Claims"
  • July 23, 2015 - Boston Globe - "Court Orders Boston Police to Reinstate Fired Officer"
  • June 5, 2014 - Massachusetts Lawyers Weekly - "Plaintiff's witness strategy at root of verdict for MGH, defense says"
  • 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"
  • October 9, 2013 - Massachusetts Lawyers Weekly - "Mass. Bar Said to be Unprepared for New E-Discovery Rules"
  • April 2011 - SHRM.org - "Guard Against Informality in Video Interviews"
  • August 2008 - ABA Pro Bono Connection - "Neil McKittrick: A Pro Bono Journey from Law School to Law Firm"
  • June 17, 2007 - Massachusetts Lawyers Weekly - "Employment Bar Debates Summary Judgment Trend"
  • February 12, 2007 - Massachusetts Lawyers Weekly - "Stats on Opinion Output by USDC Judges Has Some Crying Foul"
  • December 11, 2006 - Massachusetts Lawyers Weekly - "E-discovery Rules Signal New Era – Federal Practice"
  • December 1, 2006 - State House News Service - "Judge in Toll Case Reveals Ties to Defendant Trimarco"
  • November 27, 2006 - Massachusetts Lawyers Weekly - "The Vanishing Trial: Is Trying a Jury Case Becoming a Lost Art"
  • October 25, 2006 - Boston Herald - "Dem’s Coke Contract Was One Sweet Deal"
  • July 17, 2006 - Massachusetts Lawyers Weekly - "Can Client Disputes Be Forced Into Business Session?"
  • October 6, 2003 - Massachusetts Lawyers Weekly - "Labor Lawyers Under the Gun"
  • August 17, 2003 - Boston Globe - "Blackout Could Play Into Verizon Talks"
  • February 26, 2003 - Boston Globe - "Where Would They All Go?"
  • May 1, 2002 - Computer World - "Companies Urged to Maintain Privacy, Security or Face Legal Trouble"
  • Spring 2002 - Equal Justice Magazine - "Champion of the Disabled"
  • November 28, 2001 - Boston Globe - "Defenseless Fight Back"
  • August 27, 2001 - The National Law Journal - "Win for Mass Disabled Sets New Tone"
  • August 13, 2001 - Boston Law Tribune - "ABA Honors Boston Lawyer"
  • May 9, 2001 - Boston Globe - "A Breach of Faith"
  • February 8, 2001 - Chicago Tribune - "Shooting May Forestall Efforts to Re-Open Pennsylvania Avenue to Public"
  • February 5, 2001 - CBS Marketwatch - "An Infinite Handicap"
  • January 1, 2001 - Boston Law Tribune - "Pro Bono Heroes"
  • June 12, 2000 - Massachusetts Lawyers Weekly - "Fatigue Syndrome is Basis for ADA Claim"
  • May 25, 2000 - The Patriot Ledger - "State Undoes Medicaid Change Affecting Services for Retarded"
  • March 6, 2000 - Massachusetts Lawyers Weekly - "New MCAD Regs on Disability Proposed"
  • November 8, 1999 - Massachusetts Lawyers Weekly - "ESQ (Interview): Neil V. McKittrick"
  • August 19, 1999 - Boston Globe - "Lawsuit Seeks State Action on Housing for Retarded Adults"
  • August 19, 1999 - Boston Herald - "2700 Families Await Housing for Retarded Kin"
  • May 9, 1999 - Boston Herald - "Suits Target Care of Retarded"
  • March 21, 1999 - New York Times - "Suit Seeks to Place Retarded Adults"
  • March 19, 1999 - Boston Globe - "Suit Seeks Medicaid help for Mentally Retarded"
  • December 21, 1998 - Massachusetts Lawyers Weekly - "Worker in Bias Case Must Disclose Psych Records"
  • Ranked in Chambers USA
  • Best Lawyers Award Badge
  • The College of Labor and Employment Lawyers Logo
  • Fellow – The College of Labor and Employment Lawyers (2016)
  • Best Lawyers in America (2013-present)
  • Chambers USA (2014-present)
  • Massachusetts Super Lawyer (since 2004)
  • Martindale-Hubbell AV Preeminent Rating (since 1999)
  • The Arc of Massachusetts 60th Anniversary Gala Spotlight Honoree (2015)
  • Rose Pessin Memorial Award (2012)
  • Richard P. Melick Foundation Award (2011)
  • American Bar Association Pro Bono Publico Award (2001)
  • Massachusetts Bar Association Access to Justice Pro Bono Publico Award (2001)
  • Charles River Arc Benefit Gala Honoree (2001)
  • Arc Massachusetts Distinguished Citizens Award (1996)
  • Order of the Coif
  • Virginia Law Review
  • Phi Beta Kappa
  • Who’s Who in America, Who’s Who in American Law, Who’s Who in the World

Insights by Neil V. McKittrick