Bingham

Bingham

Douglas T. Schwarz

Partner

Doug Schwarz leads the firm’s New York Labor and Employment Group. He represents public and private companies and nonprofit institutions in matters concerning all aspects of labor and employment law. Doug tries cases and argues appeals in federal and state courts, in arbitrations, and before administrative agencies.

He counsels clients on human resource matters, including employee benefits; employee separations; drafting and enforcing non-competition, non-solicitation and confidentiality agreements, employment agreements, and executive contracts and compensation plans; developing and administering human resource policies, manuals and handbooks, and employee benefit plans; compliance with statutory and regulatory requirements in areas such as wage and hour (overtime pay) and disability accommodation; preventing and investigating harassment and discrimination complaints; planning and managing reductions in force; developing and implementing affirmative action and diversity plans; and addressing workplace privacy and safety issues. He also serves as an arbitrator and mediator.

Doug represents clients in a range of other discrimination matters, including housing, education and public accommodations discrimination, and cases involving accessibility under the Americans with Disabilities Act (ADA) and state and local law.

Doug has served in government as commissioner of the Massachusetts Commission Against Discrimination (MCAD), a role in which he oversaw the investigation of claims of discrimination, mediated discrimination disputes, adjudicated cases at public hearings and led numerous policy initiatives. He also served as an assistant attorney general in the Civil Rights Division of the Massachusetts Office of the Attorney General and as a law clerk to the Hon. Franklin S. Billings Jr. of the U.S. District Court for the District of Vermont.

Experience

  • Recently obtained a dismissal from a U.S. Department of Labor Administrative Law Judge in whistleblower action where client was co-defendant with a federal agency; plaintiff was a terminated senior professional at a major environmental clean-up site, who claimed the termination was in retaliation for complaining that employees were being exposed to unsafe amounts of a toxic substance
  • Enforced restrictive covenant against departed fund portfolio manager
  • Defended hedge fund against contract and whistleblower claim by terminated managing director
  • Drafted hedge fund employment agreements rewarding successful investing
  • Managed and conducted national employment litigation for Fortune 100 computer hardware and software manufacturer — with very low average per case costs
  • Planned, documented and implemented major reduction in force for large quasi-public agency, resulting in zero legal claims
  • Designed and implemented training programs on harassment prevention for all employees and on key legal concepts for managers and supervisors
  • Conducted internal investigation of complaint of harassment in real estate development firm
  • Obtained summary judgment for global telecommunications firm in federal court FMLA and ERISA action
  • Provided regular advice on all employee relations matters to, e.g., large national financial services firm, large international printing company, small technology company, startup pharmaceutical company
  • Successfully resolved dozens of cases as counsel for employer through early mediation (also have served as mediator in numerous cases)
  • Prevailed in arbitration against employee challenging termination for cause based on workplace intoxication (also serve as AAA arbitrator in employment cases)
  • Favorably resolved state court disability discrimination claim for major metropolitan newspaper after taking plaintiff's deposition that eviscerated his case
  • Obtained summary judgment for employer in federal court sexual harassment claim; affirmed on appeal to Fourth Circuit
  • Obtained summary judgment for employer in ERISA and disability discrimination claim; affirmed on appeal to First Circuit
  • Successfully enforced one year non-solicitation agreement against former sales representative

Events

  • Speaker, Navigating Leaves of Absence and Disability Accommodations, Bingham Seminar, Boston and New York (April 2014)
  • Panelist, Building A Team, Cleantech Open Northeast, New York (August 2013)
  • Speaker, Tweets, Whistles and Other Alarming Developments, Bingham Seminar, Boston and New York (January 2013)
  • Speaker, Selected Legal Issues in Human Resources Management, Korean Chamber of Commerce and Industry Business Workshop, Englewood, NJ (Nov. 13, 2012)
  • Speaker, Private Fund Employment Agreements from A to Z, Bingham seminar, New York (September 2012)
  • Speaker, The “New” American Workplace: Mass Job Separation, Employment Law & the Role of Dispute Resolution, Association of Conflict Resolution, Greater New York Chapter, New York, N.Y. (Feb. 26, 2009)
  • Panelist, Complying with Massachusetts’ Strict New Data Security Regulations by May 1, 2009, Bingham Seminar, Boston, Mass. (Jan. 14, 2009)
  • Speaker, Preparing to Downsize: What You Need to Know, Bingham Seminar, Boston, Mass. (September 2008)
  • Speaker, U.S. Employment Law for Japanese Employers from a Risk Management and Compliance Perspective, Japanese Chamber of Commerce and Industry of New York, Inc. Luncheon Panel Discussion, New York, N.Y. (Jan. 24, 2008)
  • Panelist, Mandatory Arbitration in Employment Contracts, New York, N.Y. (Nov. 13, 2007)
  • Speaker, Key Hedge Fund Employment and Talent Retention Considerations, New York, N.Y. (Sept. 18, 2007)
  • Speaker, Key Legal Issues in Hiring, Retaining, Managing and Separating with Hedge Fund Employees, Banc of America Securities 6th Annual Northeast CFO/COO Summit (July 2007)
  • Speaker, Selected Legal Issues in Human Resources Management, KOCHAM (Korean Chamber of Commerce) Workshop, New York, N.Y. (June 22, 2006)

Memberships

  • American Bar Association, Labor and Employment Law Section
  • Boston Bar Associations
  • Massachusetts Bar Associations
  • Board of Directors, WISE Services Inc.

Awards & Honors

  • Super Lawyers, New York Metro (2011–2013)
  • Super Lawyers, Massachusetts (2005)

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