FacultyFaculty/Author Profile
Douglas T. Schwarz

Douglas T. Schwarz

Morgan, Lewis & Bockius LLP

Boston and New York, NY, USA


Douglas T. Schwarz is a trusted advisor to and advocate for employers in all aspects of labor and employment law. He litigates in court, arbitration, and administrative proceedings; counsels employers on human resources matters; negotiates and drafts executive employment and separation agreements; advises on labor and employment aspects of corporate transactions, both domestic and cross-border; and conducts internal investigations of employee complaints. Doug also handles ADA Title III and state law matters involving access of persons with disabilities to public accommodations.

Doug’s clients include financial services firms (mutual funds, hedge funds, private equity, venture capital, commercial and investment banks, wealth management); educational institutions; and media, technology, and telecommunications, pharmaceuticals, and life sciences companies.

He represents numerous non-US companies, from Japan and elsewhere in Asia, the United Kingdom, and Europe, regarding their US labor and employment matters, and US companies on international labor and employment issues.

Doug’s experience includes litigating claims of discrimination, harassment, and reasonable accommodation (race, gender, age, disability, pregnancy, sexual orientation, religion), whistleblower retaliation, wage and hour violations (bonus, commission, overtime and minimum wage), non-competition, non-solicitation, and trade secret breach, defamation and privacy; counseling on reorganizations, reductions-in-force, and executive hiring and termination matters; developing and implementing litigation-avoidance strategies, diversity and affirmative action plans, and training programs on harassment prevention, diversity, and performance management; and advising on government audits (by OSHA, the Department of Labor and OFCCP) and labor-management relations.

He also serves as an arbitrator and mediator.

Doug represents clients in a range of other matters, including housing, education and public accommodations discrimination.

Doug has served in government as commissioner of the Massachusetts Commission Against Discrimination (MCAD), as an assistant attorney general in the Civil Rights Division of the Massachusetts Office of the Attorney General and as a US District Court law clerk.

SELECTED REPRESENTATIONS

Recently obtained a dismissal from a US 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

AWARDS AND AFFILIATIONS

American Bar Association, Labor and Employment Law Section

Boston Bar Associations

Massachusetts Bar Associations

Board of Directors, New York Lawyers for the Public Interest

Board of Directors, WISE Services Inc.

Listed, The Legal 500 US (2016)

Super Lawyers, New York Metro (2011–2014)

Super Lawyers, Massachusetts (2005)

ADMISSIONS

Massachusetts

New York

US Court of Appeals for the First Circuit

US Court of Appeals for the Fourth Circuit

US District Court for the District of Massachusetts

US District Court for the District of Vermont

US District Court for the Eastern District of New York

US District Court for the Southern District of New York

CLERKSHIPS

Clerkship to Judge Franklin S. Billings of the US District Court for the District of Vermont (1986 - 1987)

EDUCATION

Dartmouth College, 1981, Bachelor of Arts

Harvard Law School, 1986, Juris Doctor

SERVICES

Labor, Employment & Benefits

Individual Employee Litigation & Arbitration

Global Employment & Immigration

ADA Public Accommodation and Accessibility Litigation & Counseling

Employment Counseling

Japan Practice

Whistleblowing & Retaliation

Douglas T. Schwarz is associated with the following items:
Web Segment  Web Segment Specialty Areas: Labor and Employment / Employee Benefits - Acquiring or Selling the Privately Held Company 2017, Tuesday, June 27, 2017
MP3 Audio  MP3 Audio Specialty Areas: Labor and Employment / Employee Benefits - Specialty Areas: Labor and Employment / Employee Benefits, Tuesday, June 27, 2017
Transcripts  Transcripts Specialty Areas: Labor and Employment / Employee Benefits - Specialty Areas: Labor and Employment / Employee Benefits, Tuesday, June 27, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Specialty Areas: Labor and Employment / Employee Benefits - Specialty Areas: Labor and Employment / Employee Benefits, Tuesday, June 27, 2017
On-Demand Web Programs  On-Demand Web Programs Acquiring or Selling the Privately Held Company 2017, Tuesday, July 18, 2017, New York, NY
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