David C Kurtz

Practice Areas

Class/Collective Actions

Employment Litigation Prevention & Defense

Labor Relations

Trade Secrets & Unfair Competition

Transactional Solutions

Wage and Hour Compliance & Litigation

Career

David is head of the Boston office, a member of Constangy’s Executive Committee, Chair of the Firm’s Technology & Entrepreneurial Ventures industry group, and co-chair of both the Employment Litigation practice group and the Transactional Solutions practice group.

His practice involves representing employers throughout the United States of all sizes, across diverse industries, in every aspect of labor and employment law. David focuses on understanding each client’s unique culture and business goals to deliver creative, practical solutions to complex employment challenges.

David’s practice focuses on litigation, where he represents clients in every arena, including courts, arbitration, mediation, and administrative agencies, leading the defense of complex discrimination, harassment, and retaliation cases. He is amongst the nation’s most experienced restrictive covenant attorneys, providing advice and handling disputes across the country arising out of non-competes, non-solicits, trade secret protection, and confidentiality agreements. David also regularly defends employers in high-stakes wage and hour class, collective, and private attorney general actions, having developed uniquely effective early-resolution strategies to limit risk and cost, while always prepared to litigate a case through trial if necessary.

Beyond litigation, David counsels employers on every imaginable employment issue, ranging from hiring and firing decisions, leaves of absence, disability accommodation, employee discipline, and wage and hour compliance, to drafting severance agreements and employee handbooks. He advises clients on labor and employment issues in transactional contexts such as mergers, acquisitions, and business unit sales, with particular experience in health care transactions. As to the latter, David has earned a well-reputation in particular as a go-to employment lawyer in the health care industry, representing clients ranging from large hospital systems to private equity-backed multi-site Management Services Organizations and Physician Practice Management Companies.

Personal

David “relaxes” by experiencing – ideally, in person -- the ups and downs of his beloved Red Sox, Patriots, Celtics, Bruins, and Virginia Cavaliers. He has brought his skills of identifying bluffing witnesses to the poker table, having achieved success in multiple Texas Hold ‘Em World Series of Poker events in Las Vegas.

Work Highlights

David has represented clients with labor and employment issues throughout the United States and internationally, including matters in: Alabama, Arizona, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Belgium, Canada, Great Britain, Israel, Japan and Mexico. The following are a few highlights:

-David has represented multiple employers in defending against wage and hour class actions dealing with issues concerning tips, gratuities, service charges, overtime, employee classification, meal breaks, and minimum wage. Developing an aggressive, targeted strategy from the onset of the case, David has successfully defeated class certification motions and has worked tirelessly to reach early, nominal settlements in an attempt to save the time, expense, and risk of litigation.

-David has first-chaired numerous disciplinary and contract interpretation labor grievance arbitrations on behalf of several of the country’s most renowned telecommunications and hospitality employers.

Amongst dozens of employment discrimination, harassment and retaliation matters litigated or negotiated to successful conclusions, David led the defense of a Fortune 100 company in one of the most document-intensive sexual harassment cases the client had ever witnessed, negotiating a nominal settlement on the eve of trial.

-David has quarterbacked more than 20 restrictive covenant and trade secret disputes, usually achieving early settlement, but, where necessary, litigating as long as necessary to achieve the desired outcome.

-David has advised numerous clients regarding labor and employment issues arising in transactional matters, such as mergers, acquisitions, and sales of businesses/business units, having developed a particular expertise in connection with health care transactions.

Expert in these Jurisdictions

Massachusetts, 1998

New York, 2001

California, 2020

U.S. Court of Appeals, First Circuit

U.S. District Court, MA

U.S. District Court - NY - E.D., S.D.

U.S. District Court - WI - E.D.

Education

Awards