Jack S. Gearan

Jack S. Gearan

Associate

Jack S. Gearan is an associate in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of employment law and business litigation where he has experience in all phases of civil litigation including discovery, mediation, arbitration, trial and appellate practice.

Jack specializes in Complex Employment Litigation and Trials, and frequently handles matters under the Sarbanes-Oxley Act, the Dodd-Frank Act, other whistleblower claims, non-compete and restrictive covenant litigation, and individual employee discrimination, harassment, and retaliation litigation and arbitrations. Jack also frequently defends employers in wage and hour class actions brought under the Massachusetts Wage Act, and nationwide collective actions under the Fair Labor Standards Act. Jack also focuses his practice on ERISA/Employee Benefits Litigation and writes frequently on developments in this area of the law.

In addition to defending companies and non-profits in litigation when necessary, Jack provides counsel to senior management and human resource personnel on various employment law compliance matters, such as leaves of absence, exempt status classification under the FLSA and state law, employee discipline and restrictive covenant agreements. Jack is also regularly called upon by clients to conduct outside independent investigations of sensitive personnel issues or threatened legal actions. Additionally, Jack has advised companies regarding employment law in connection with various corporate transactions, including mergers, acquisitions, and reductions in force.

Jack’s business litigation practice covers a variety of business torts, including misrepresentation, fraud, contract disputes, and claims under Massachusetts General Laws Chapter 93A – the Massachusetts unfair trade practices statute. Further, Jack is a member of the firm’s Education Practice in which he advises schools and colleges on a variety of employment and other legal issues, including Title IX and Clery Act compliance.

Concentrations

  • Commercial litigation
  • Labor and employment
  • Class action employment litigation
  • Wrongful termination litigation
  • Workplace training
  • Title IX/Clery Act compliance
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Capabilities

Experience

  • Successfully argued and obtained favorable summary judgment ruling dismissing entire action in Supreme Court of the State of New York, County of Kings on behalf of major telecommunications provider. Ruling on all counts was achieved after full discovery on claims for disability discrimination, failure to accommodate and retaliation under the very strict and pro-employee New York City Human Rights law.
  • Obtained on behalf of various middle market as well as large public and privately-held employers multiple findings for lack of probable cause before the Massachusetts Commission Against Discrimination (MCAD)
  • Obtained summary judgment in federal court (D. Mass) on behalf of leading national provider of healthcare services to state and local government agencies in lawsuit by former employee alleging disability discrimination under the Americans with Disabilities Act
  • Achieved favorable summary judgment ruling in Massachusetts state court on all claims on behalf of large Massachusetts developer in lawsuit by residents seeking to enjoin significant development and construction project in Cambridge, Massachusetts
  • Drafted and oversaw implementation of Title IX Sexual Misconduct Policy for small Massachusetts college
  • Conducted numerous internal investigations involving claims of discrimination and/or hostile work environment for large companies and non-profit organizations including colleges and universities
  • Prevailed on behalf of multinational corporation in union arbitration obtaining ruling that there was just cause to discharge the grievant
  • Member of team which won partial motion to dismiss in federal court for publicly-traded waste disposal company on various ERISA claims leading to favorable settlement on remaining claims
  • Member of team that achieved favorable settlement on behalf of large national retail chain in class and collective action based upon FLSA and state wage and hour claims.
  • Member of team that represented Fortune 50 company in major Foreign Corrupt Practices Act (FCPA) internal compliance review and program enhancement, including conducting risk assessments, drafting anti-corruption policies and procedures, implementation of anti-corruption financial controls, and monitoring and assessing compliance program.
  • Marianne J. Bowler, U.S. District Court for the District of Massachusetts

Recognition & Leadership

  • Listed, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Stars," 2013-2018
  • Team Member, a Law360 "Employment Practice Group of the Year," 2013
  • Member, Georgetown Club of Boston
  • Member, Georgetown University Alumni Admissions Program
  • Member, Wellesley Club

Credentials

Education
  • J.D., cum laude, Suffolk University Law School, 2007
    • Editor, Suffolk University Law Review
    • Recipient, "Best Case Note," Suffolk University Law Review
    • Winner, Third Year Day / Fourth Year Evening Trial Competition
  • B.A., Government, Georgetown University, 2000
Admissions
  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan