Attorney at law

My Objective: Obtain a position and or provide services in the Labor, Employment, and Discrimination arena or other legal field, or become reemployed as a CEO or Vice President at the helm of a company to utilize my extensive legal experience, including working as a union side employees’ attorney, as well as my human resources and business oversight and management skills garnered while leading companies as an Executive Vice President and a Vice President of Operations.

My Legal Experience: 28 years of legal experience (18 years full time practicing attorney; 3+ years paralegal work; 3 Years Law School, WNEC Law; 4 Years College, BA. Cum Laude; Amherst College, Law Jurisprudence and Social Thought):

• Commonwealth of MA State Courts;

• United States Federal District Court;

• MA Labor Relations Commission;

• National Labor Relations Board;

• MA Commission Against Discrimination;

• American Arbitration Association;

• MA Civil Service Commission;

• Federal Mediation and Conciliation Service;

• MA Board of Conciliation and Arbitration;

• MA Bureau of Special Education Appeals

• MA Program Quality Assurance;

• MA Disabled Persons Protection Commission;

•MA Public Emp Ret Admin Commission,

•Bureau of Special Education Appeals;

• Social Security Administration Practice.

Attorney, Moriarty Law Firm, Springfield, MA (12/2011 to 8/2/2019 (8 years))

o Negotiated Collective Bargaining Agreements for public and private sector Labor

Unions;

o Grievance and Arbitrations Representative;

o Organized a Union Drive;

oLitigated all aspects of employment law as Chief Counsel including drafting complaints, discovery and depositions, evidentiary motions, and pre-trial motions before the aforementioned bodies;

oRepresented numerous clients before the Massachusetts Commission Against Discrimination;

oWell versed in all aspects of employment law including: FMLA, ADA, ADEA, Title VII, Mass.

Gen. Laws. Chapters 151B, 150E, 152, 31, and 32B;

o Represented clients in SSDI Appeals;

o Engaged in other extensive legal research and the drafting of legal

documents;

o Excelled in all other aspects of labor and employment law.

o Handled Veterans Benefit Claims

o Obtained greater retirement benefits for numerous public employees

including animal control officers, and Civil Service Employees.

The Associated Law Office of Devin Moriarty, Springfield, MA

Partner, 6/2009 to 11/2011, 8/2020 to present

o Initiated solo practice from ground up;

oConducted Real Estate Closings and Signings for Online Lenders throughout Massachusetts;

o Drafted Numerous Wills and Trusts for clients;

oProvided all guardianship documents for clients becoming hospitalized;

oBattled in housing court for homes;

oEmployee retirement plans and trust formation;

oRepresented Social Security Disability Clients.

Document Review Attorney, Associated Law Offices of Devin Moriarty, Springfield, MA (2004 – 2020) o Contracted with document review agencies and staffing agencies for various projects;

o Reviewed voluminous documents conducting discovery for ten years before licensed as an attorney.

oOld fashioned document reviews via cardboard boxes of paperwork through Kelly Services in Hartford CT (For the year 2004);

oConducting Discovery, scanning, entering documents into the computer, reviewing and marking them, and preparing for trial, as well as paper copies, as an attorney constantly litigating for 15 years:

oClass action against the City of Springfield MA on behalf of minority employees

o;Animal Control Officers raise in retirement pay status

oMilitary Veteran seeking back pay

oRetirement pay for state employees with mental disabilities

oDiscovery for Discriminated against workers for manufacturing company.

oNLRB Matter of supervisory or Union Employees.

oRecent employment with

oSpecial Counsel and Jones Day Opioid Litigation until project ended (2020).

oEmployed with Skadden Arps - Trade Secret Infringement from 10/2021 – 11/2021

oEmployed with Akin Gump – privilege review and logging for FTC Investigation from 11/4/2021 to 12/19/2021

oTower Legal Solutions (March 2021) – patent infringement

oAdo Professional Solutions – Perdue Chicken Anti Trade (December 3031)

oEpiq Global Review Services: MGM Antitrust matter from 1/2022 to 3/7/2022

Passed California Bar Exam 2/2009

o Admission to the Bar Pending;

o Only 33% of the exam takers passed this exam;

o Passed after First Attempt.

The Law Offices of Moriarty and Connor, LLC., Springfield, MA

Legal Assistant, 5/96 - 9/96, 5/97 - 9/97, 5/98-9/98, 10/99-1/01, 5/02-9/02, 5/04-9/21/05 (3 years)

Attorney, 9/21/05 through 8/08 (2 years, 10 months)

o Negotiated Collective Bargaining Agreements for public and private sector Labor Unions;

o Organized a Union Drive;

oLitigated all aspects of employment law conflicts as Chief Counsel including drafting initial complaints, discovery and depositions, evidentiary motions, and pre-trial motions before the aforementioned bodies;

oRepresenting twenty-five individuals regarding all aspects of their discrimination causes of action before the Massachusetts Commission Against Discrimination;

oChief Counsel in a racial discrimination suit before the United States Federal District Court; o Begat a racial discrimination class action against a Massachusetts City involving disparate hiring, firing, and promotional practices;

oWell versed in all aspects of employment law including: FMLA, ADA, ADEA, Title VII, Mass.

Gen. Laws. Chapters 151B, 150E, 152, 31, and 32B;

o Counseled Charter Schools in all legal matters working closely with the directors thereof; o Advocate for School Systems before the Bureau of Special Education Appeals and the

Department of Quality Assurance;

o Advised and guided numerous special education directors in various day to day affairs; o Engaged in other extensive legal research and the drafting of legal documents.

My Human Resources and Business Management Experience:

•Employee Scheduling • Employee agreements • Taxes and Insurance

•Hiring and Termination • Negotiation of Severance • Disciplinary Systems

•Handbook Drafting • Unemployment • Workers Compensation

•Training Workshops • Retirement and 401k plans • Business and Employee Insurance

•Finances • Cost Benefit Prog. Analysis • Negotiation of Business Contracts

•Collective Bargaining • Employee Grievances • Diversity and Sexual Harassment

•Arbitration Expert • Affirmative Action • Union / Management CBA Expert

•Supervision of two managers and thirty employees.

My Practical President / CEO Experience:

Securing Venture capitalist funding;

•Incorporating Businesses;

•Cost Benefit Analysis Professional;

•Negotiation of Contracts;

•Organizing Board of Directors;

•Job search for same;

•Drafting min. / voting agreements for Board;

•Overseeing accounts receivable and payable;

•Organizing patent applications and work for the computer code of the internet business;

•Administered securities matters;

•Initial stock registration, stock transactions, etc..; and initial offer of stock privately;

•Oversaw production of products;

•Oversaw employee scheduling;

•Conducted Contract negotiations with clients;

•Search for, acquired / contracted with vendors;

•Employee agreements and handbooks;

•Benefits severance issues and hiring issues;

•Marketing via computer and television;

•Website design for the same;

•Computerizing the entire system of handling clients and other endeavors;

•Oversaw actions, methods, and job requirements, for services for the University of Massachusetts, various tenant Associations, dorms, hotels, banks, armed transport services, and other necessary security services spanning over one hundred

different client businesses.

Denmor or Security, Executive Vice President, 7/09 t0- 8/10

o Organized and oversaw all business aspects of the corporation;

oResponsible for employee agreements, handbooks, taxes, 401k, insurance, child support, hiring, discipline and terminations, and payroll;

oDrafted and enacted all employee handbooks, work rules, site rules, and training manuals; o Conducted in class and on site employee training in diversity and sexual harassment;

oManaged all unemployment and workers compensation claims;

oImplemented Quickbooks software and managed all finances for the business; o Acquired new clients in need of our services; o Negotiated contracts on behalf of new clients;

oPrepared and organized bids for security services for public sector sites; o Managed all employee scheduling; o Supervised two managers and thirty employees.

MoScience, Inc., San Francisco, CA

Vice President of Operations, 7/08 through 12/08

o Organized and oversaw all business aspects of the corporation including: the incorporation and

registration of the company; employment agreements; taxes; terminations; hiring; accounting;

oResearched securities laws and drafted certificates and agreements for the effectuation of stock transactions;

oAdvised the Board of Directors as to their duties, powers, and all aspects of Delaware and

California corporate law with respect to the aforementioned subjects;

o Worked with Investors and the CEO to effectuate investments in the

Corporation;

o Instituted accounting and payroll system utilizing Quickbooks;

o Supervised two employees.

Honorable Philip A. Contant,

Westfield District Court, Westfield, MA Clerkship, 9/03-12/03 (four months)

o Researched and drafted memoranda of law on all aspects of the law for Judge Contant.

Vincent A. Bongiorni Law Office

Internship 5/03-9/03(four months)

o Shadowed Attorney Bongiorni through all aspects of his criminal law practice;

oDrafted memoranda and motions regarding wiretapping, search and seizure, and sentencing. .

MY EDUCATION:

Western New England College School Of Law, Springfield, MA

Juris Doctor, May 2004

Received Cali award for highest grade in class third year (98)

Amherst College, Amherst, MA

B.A., Law, Jurisprudence and Social Thought, cum laude, May 1998

Varsity Football, four year starter, 1994-1998

American Football Coaches Association First Team All-American; East Coast Athletic Conference

Division III New England Player of the Year;

Represented the United States in the 1999 Aztec Bowl in Mexico City, Mexico.

Phillips Exeter Academy, Exeter, NH.

Graduated with honors, May 1994

3 sport 3 year varsity starter (Football, Basketball, Baseball, Lacrosse); Football Team Captain.

COMMUNITY SERVICE

oSisters of Providence Health Care Systems Catch the Spirit Member, 2006-present.

o Third Degree Knight of Columbus.

ELABORATION ON LEGAL EXPERIENCE LISTED ABOVE:

oAS CHIEF COUNSEL TO NUMEROUS INDIVIDUALS AND TEN LABOR UNIONS, I PROVIDED EXCEPTIONAL REPRESENTATION BEFORE STATE AND FEDERAL LABOR BOARDS:

oNote: For each of the following examples I acted as Chief Counsel and researched, prepared and filed an initial charge with either the MLRC or the NLRB, submitted one or more position statements with citations to legal authority, engaged in discovery, filed pre-trial motions, and tried the cases before the respective Labor Boards. The subjects researched extensively are listed below a description of each case.

Discrimination and retaliation for union activities

Chief Counsel during over ten days of Hearings before the MA Labor Relations Commission Protected union activity;

Sexual harassment investigations;

Definition of sexual harassment;

Liability of superior for actions of subordinates;

Tainted investigations of wrongdoing under the NLRB;

Direct evidence;

But for causation;

Discrimination, retaliation, violation of past practice, and various contract articles Chief Counsel during extensive hearings before the MLRC. Sick time as mandatory subject of bargaining;

Grievances and union advice as protected activity;

Past practice as established on single occasion regarding occasionally occurring event;

Repudiation of the Collective Bargaining Agreement;

Remedy of back pay with interest;

But for causation;

Direct and indirect evidence;

Union business during working hours, on lunch breaks, and after work;

Wage Freeze City of Springfield

Chief Counsel during extensive hearings at the MLRC.

Ability of LRC to interpret State Statute;

Preemption;

Repudiation of CBA,

Inherent Managerial Prerogative,

Binding nature of CBA provision after expiration of CBA. Continuance of Contract with evergreen clause;

Past practice regarding step increases and wage increases;

Representation petition before the MLRC

Chief Counsel during hearing

Union challenging the Incumbent Union and the Employer’s claim of contract bar;

Decertification of union;

Contract bar for contract allege to be greater than three years in duration.

Before the MLRC:

Chief Counsel – Settled prior to trial

Changes in job duties;

Addition of a pager;

Changes in classification and pay for current employees.

Reclassification of a position with a new job title and same job duties as a lower paying job;

Addition of job duties;

Addition of a pager in light of contract language;

Changes in promotional procedures with the hiring of a new chief

Chief Counsel in Unfair labor practice – Settled

Changes in the promotional position of Chief of the Police Department for members of a Police Supervisor’s Association bargaining unit.

Domestic Partner Health Insurance

Filed and settled prior to trial dispute regarding the provision of health insurance benefits for opposite sex domestic partners

Changes in health insurance

Filed unfair labor practice and settled prior to trial

On behalf of five labor unions regarding changes to the mandatory subject of bargaining of Health Insurance.

Installation of GPS tracking system within the DPW vehicles of a municipality.

Field Charge and Settled prior to trial

Researched addition of a GPS system on Town trucks as mandatory subject of bargaining.

Representation petition before the NLRB challenging 35 unit employees as supervisory, managerial or confidential;

Co-Counsel responding to charge, filing briefs, interviewing witnesses, trying case before the board.

Researched extensively definition and elements of Supervisory, managerial and

Confidential employees;

Held ten days of trial;

Co-authored 500 page brief;

Resulted in the union maintaining 32 of the thirty five positions within the bargaining unit.

Changes in staffing before the NLRB

Filed Charge, Settled prior to trial

Filed unfair labor practice regarding changes in staffing as a violation of past practice of the CBA

Bad Faith Bargaining before the NLRB

Regressive bargaining

oSUCCESSFULLY LITIGATED ARBITRATIONS AND CIVIL SERVICE HEARINGS:

oNote: For each of the following examples I acted as Chief Counsel and researched, prepared and filed an initial grievance, pursued it through the steps, filed for arbitration or before the Civil Service Commission, interviewed witnesses, attended the arbitration / Civil Service hearing, presented the Union’s case, responded to the employer’s case, and submitted a post hearing brief with citations to legal authority. The subjects researched extensively are listed below a description of each case.

Closing of City Buildings and corresponding day off

Researched contract interpretation methodology;

Plain meaning,

Ambivalent contract language,

Extrinsic evidence of meaning of contract language, Contract language as construed against the drafter.

Additional job Duties.

Past practice clauses,

Employer’s addition of job duties as contrary to the agreement;

Discrimination for union activities;

Discrimination for union activities as it pertained to a CBA;

Definition of union activities, discrimination, just cause, cause.

Failure to Compensate for sick day

Unilateral change in sick leave policy set forth within the CBA; Effect of past practice upon ambiguous contract terms.

Suspension for failure to comply with the sick leave policy

Contract interpretation;

Federal laws regarding a request for information under the ADA and FMLA, Legality of

Employer’s request for a sick note after a single days absence, Just cause.

Written warning and suspension for Municipal Clerk

Municipal finance law;

Turnover sheets;

Revolving vs. general accounts;

Treasurer and Collector’s handbooks;

Wage Freeze for 5 Municipal Unions

Management rights;

Arbitration preemption by a statute;

Declaratory judgments

Remedies;

Statutory interpretation by an arbitrator

Interaction between state statutes and collective bargaining agreements, Incorporation of

Statutes within a collective bargaining agreement;

Failure to comply with an agreement;

Arbitrability of rights derived from statutes;

Termination of three cafeteria workers for misconduct

Researched state sanitary law;

State employee rights;

Meaning of cause;

Responsibility of supervisor for acts of subordinates;

Mass Tort Claims Act,

Changes in the staffing of a Private Union

Researched health and safety provisions of CBA;

Minimum staffing levels pursuant to Federal and State EPA regs; Effect of failure to comply with state laws; Arbitrability thereof.

Failure to compensate at differential rate for work outside of regular shift

Plain meaning of contract terms;

Conflicting provisions within CBA,

Conflicting provisions to be read in harmony with rest of agreement.

Civil Service Hearings:

Suspension for attendance

Civil service disciplinary laws;

Requirement of work in extreme heat;

Impairment of public functions;

Just cause for issuing discipline and for the penalty imposed;

Suspension for poor performance

Federal Motor Carrier Safety Regulations;

Applicability of rules and regulations of the department; Just cause.

Suspension for insubordination

Insubordination under Civil Service Law;

Motor Safety Regulation for work performed on Highways and State roads.

Termination for insubordination

Safety regulations as they pertained to hoisting and mechanics work; Contract interpretation before the civil service commission;

Lowering in salary by sending employee home early

Definition of lowering in compensation under the civil service laws; Application of law where employee was sent home early

Dispute as to status of civil service membership

statutory purpose of civil service merit based system

Interaction between union rights guaranteed by contract and statutory rights granted under the civil service laws;

Status of civil service employees throughout the state

o NEGOTIATING COLLECTIVE BARGAINING AGREEMENTS FOR BOTH PUBLIC AND

PRIVATE SECTOR UNIONS;

Negotiated numerous bargaining agreements as Chief Negotiator:

Police Supervisors Association (Public Union under MGL 150E)

Chief Negotiator

Collected data regarding salaries of superior officers within other cities and town of Mass;

Dealt with a department re-organization;

Discussed settlement of pending litigation regarding health insurance, wage freeze, and promotional opportunities.

Housing Authority Employees Association (Public Union)

Chief Negotiator

Initial contract negotiations;

Researched finances of housing authority;

Filed unfair labor practice regarding third party approval of contract; Researched other housing authority contracts;

Engaged in mediation with mediator from the Bureau of Conciliation and Arbitration;

Researched prevailing wage,

Housing authority regulations with the Massachusetts Code of Regulations;

Legality of numerous management proposals regarding drivers licenses;

Reduction in hours of work;

Forum selection,

Overtime for public employees, etc...

Association of Commission Employees (Private union under the NLRA)

Chief Negotiator

Researched State and Federal Environmental law pertaining to the safety of the employees and the public, Developed a staffing plan,

Developed short and long term disability plans;

Filed with the FMCS;

Mediated issues before the FMCS mediator;

Filed NLRB bad faith bargaining charge;

Implemented labor management meetings on a monthly basis.

Association of Commission Employees Unit A (Public Union)

Chief Negotiator

Opposed Ground Rules for negotiation; researched enforceability of ground rules; formulated proposals for health and safety of employees.

Association of Municipal Employees (Public Union)

Chief Negotiator

Attended Numerous Negotiations as Second to the Lead Negotiator

o ACTING AS COUNSEL TO TWENTY-FIVE INDIVIDUALS BEFORE THE MASSACHUSETTS

COMMISSION AGAINST DISCRIMINATION REGARDING ALL ASPECTS OF

DISCRIMINATION LAW; BILLED 2000 HOURS ON THESE CASES ALONE IN 2007

Age discrimination regarding:

A single private employee,

Demotion of employee due to age

Three Police Captains, and

Failure to promote;

Disparate treatment regarding trainings offered;

Employer failure to meet its burden according to burden shifting framework.

Four Public School Teachers.

Sufficiency of waiver of rights under the ADEA;

Discrimination in regards to transfers and other terms and conditions of employment.

Requests for transfers, sufficiency of requests.

Racial Discrimination regarding:

Three private employees:

Discriminatory termination,

Hostile work environment,

Failure to promote,

Discrimination against family members and stories of treatment of others within protected class as contributing to hostile work environment,

Other forms of discrimination as contributing to racial discrimination and vice versa.

Eight City employees:

Class action re: discrimination in promotions, hiring, and wage classification; Certification of class; Disparate impact.

A State employee

Disparate treatment in regards to assignments, and evaluations.

Retaliation regarding 6 private employees, 5 public employees, 1 state employee;

General retaliation for internal and external complaints;

Complaints by family member;

Assisting and participating in a commission proceeding;

Witnesses who testified internally and externally about violations of the law;

Failure to Accommodate and disability discrimination on behalf of three public employees and one private employee;

Disabilities relating to back injuries, eyesight, bell’s palsy, shoulder injury, mental illness, etc…

oLITIGATING A RACIAL DISCRIMINATION CASE BEFORE THE MASSACHUSETTS

FEDERAL DISTRICT COURT;

Racial Discrimination, disability discrimination, and retaliation on behalf of three factory workers – See above

o BEGAT A RACIAL DISCRIMINATION CLASS ACTION AGAINST A MASSACHUSETTS

CITY;

Racial Discrimination and retaliation, Disparate Impact, Failure to promote, Failure to hire, Disparate Salary Structure, Continuing Violations, etc..

oKNOWLEDGEABLE REGARDING ALL ASPECTS OF EMPLOYMENT LAW INCLUDING,

FMLA, ADA, ADEA, TITLE VII, MASS. GEN. LAWS. CHAPTERS 151B, 150E, 152, 30, AND 32B; FMLA: researched and drafted numerous letters to employers and interoffice memoranda on behalf of public and private clients

ADA: see above

ADEA: See above

TITLE VII: see above

151B: See above 150E see above

152: drafted numerous interoffice memorandum and briefs on behalf of Partner John Connor regarding permanency, regular compensation for disability retirement

31: civil service – see above

32B: health insurance – see above

o SUCCESSFULLY REPRESENTED OVER TWENTY INDIVIDUALS AND COMPANIES IN

UNEMPLOYMENT HEARINGS

Familiar with all aspects of unemployment law

o COUNSEL CHARTER SCHOOLS IN RELATION TO ALL LEGAL MATTERS WITH A FOCUS

UPON SPECIAL EDUCATION LAW;

Student discipline, attendance, school records, freedom of information act, open meeting law, faculty discipline and suspensions, administrative leave, hearings regarding suspensions, bussing issues, all special education law.

o ADVOCATE FOR SCHOOL SYSTEMS BEFORE THE BUREAU OF SPECIAL EDUCATION

APPEALS AND THE DEPARTMENT OF QUALITY ASSURANCE;

BSEA: requirement of summer school for autistic child, discipline of protected special education students

PQA: various issues including suspensions, discipline of students, 504 Plans, School compliance with reviews of the Department

o ADVISED AND GUIDED NUMEROUS SPECIAL EDUCATION DIRECTORS IN VARIOUS DAY TO DAY AFFAIRS;

o ADVANCED LEGAL RESEARCH AND WRITING SKILLS.

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