David Rosenthal is a partner in the firm’s Labor and Employment group. He primarily represents employers in state and federal litigation, in court and before administrative agencies in the full range of employment disputes. David also counsels employers on compliance with state and federal regulations that govern their relationships with their employees.
Protecting employers from the misuse of their confidential information and trade secrets by former employees is one of the primary focuses of my litigation practice. I focus on responding quickly and successfully to such threats by obtaining injunctions to prevent the misappropriation of valuable information and unfair competition. In some cases, I have been called upon to represent talented individuals in lift out situations, allowing them to compete fairly using their personal skills and know-how in more suitable employment settings.
Employment discrimination litigation, defending wage and hour class action matters and contesting whistleblower claims—all on behalf of employers—comprise the balance of my litigation practice. A persuasive advocate for my clients, I have a long track record of success in defeating such claims, by trying cases to judgment or achieving resolutions on very favorable terms.
Dispute avoidance is also a large part of my practice. Assisting clients with legally compliant policies and procedures, providing practical advice before the dispute escalates, and using practiced, successful mediation techniques have contributed to many advantageous resolutions of potentially damaging disputes.
I view my job as being a problem solver. I make my clients’ jobs easier by helping them with what are often emotionally charged, and legally complex, decisions about employees and resolving them practically and efficiently. Many clients have told me they want an employment lawyer who tells them what they can do, not what they can’t do. I try to be that person.
The myriad employment laws and regulations are a mine field for employers. Increased employee mobility will require employers to be especially diligent in protecting their intellectual capital from misuse by departing employees. As the law provides greater protections for whistleblowers, employers will require experienced advice on compliance programs and HR practices to protect against retaliation claims.
Employment Law 360 | May 07, 2014
Boston Labor & Employment partner David Rosenthal and associate Matt Frankel co-authored this article focusing on ways to avoid discovery sanctions when dealing with trade secret litigation.
The Corporate Governance Advisor | May 01, 2014
This column discusses the Supreme Court’s interpretation of Sarbanes-Oxley whistleblower protection to reach employees of public company's private contractors. Commercial Litigation partners Carolyn Nussbaum and Jon Sablone, Labor & Employment partner David Rosenthal and Government Investigations & White Collar Defense partner Grayson Yeargin authored the piece.
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Georgetown University Law Center, J.D.
Trinity College, B.A., cum laude (Phi Beta Kappa)
David has been selected by his peers for inclusion in The Best Lawyers in America© 2017 for Employment Law - Management and Litigation - Labor and Employment in Boston, MA. He has been listed in Best Lawyers since 2010.
David has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2016 for Labor & Employment (Massachusetts). He has also been recognized in Chambers in previous years, where it was noted that he is “the full package: sensible, pragmatic, effective in court, with good judgment and good people skills.”
David has been recognized for many years as a “New England Super Lawyer” in Labor & Employment based on a peer-review survey by Boston Magazine.
David also received an AV® Preeminent Rating in Labor & Employment Law, the highest rating by Martindale-Hubbell.
David is a member of the Massachusetts and Boston Bar Associations. He is a frequent lecturer on employment law issues to industry and trade groups. He has also been a guest commentator on New England Cable News programs.