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Jack S. Gearan

Jack S. Gearan is a shareholder in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of Labor & Employment and Litigation, where he defends companies and public institutions in labor and employment, business, and consumer actions, including class and collective actions. He is experienced in complex employment litigation and trials, and frequently handles state and federal whistleblower claims, non-compete and restrictive covenant litigation, trade secret, wage and hour litigation, and individual employee discrimination, harassment, and retaliation litigation and arbitrations. Jack also focuses his practice on handling pharmaceutical and medical device products liability cases.

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

In addition to defending clients 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.

Concentrations

  • Labor & employment
  • Litigation
  • Commercial litigation
  • Class and collective actions
  • Products liability & mass torts
  • Corporate transactions

Kompetencje

Doświadczenie

  • 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
  • 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.
  • 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
  • Negotiated favorable settlements on behalf of multiple clients with Massachusetts Attorney General’s Fair Labor Division and United States Department of Labor
  • Conducted numerous internal investigations involving claims of discrimination and/or hostile work environment for large companies and non-profit organizations
  • 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, including extensive travel to India.
  • Marianne J. Bowler, U.S. District Court for the District of Massachusetts

Sukcesy i wyróżnienia

  • Listed, The Legal 500 United States, Labor and Employment - Labor and Employment Disputes (Including Collective Actions) - Defense, 2019
  • Listed, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Stars," 2013-2018
  • Team Member, a Law360 "Employment Practice Group of the Year," 2013
  • Member, Boston Bar Association Labor and Employment Section Steering Committee
  • Member, Boston Bar Association Employment Law Conference Advisory Committee
  • Member, Georgetown University Alumni Admissions Program

Kwalifikacje

Wykształcenie
  • 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
    • Winner, J. Braxton Craven Constitutional Law Moot Court Competition, National Champion
  • B.A., Government, Georgetown University, 2000
Posiadane uprawnienia
  • 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
Znajomość języków