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Maureen McLoughlin is a partner in the Litigation and Labor & Employment Practice Groups of Davis & Gilbert. Ms. McLoughlin has extensive experience managing all aspects of litigations and labor and employment matters.

In the employment arena, Ms. McLoughlin has successfully litigated and defended lawsuits and administrative charges in federal and state courts and before government agencies across the United States involving claims of unlawful discrimination, harassment, retaliation, whistleblower activity, breach of contract, restrictive covenant violations and class action wage and hour disputes. She has effectively represented employers in arbitration proceedings and mediations. Ms. McLoughlin also conducts and oversees internal company investigations of alleged harassment, security breaches, employee disloyalty and other misconduct and coordinates resolutions. Additionally, she represents employers in federal court across the country in sexual harassment and gender discrimination litigation and conducts internal investigations involving allegations of supervisor misconduct.

Ms. McLoughlin’s employment practice also includes providing counsel to employers and executives on compliance with all federal, state and local employment laws; overseeing responses to governmental investigations and audits; managing risk associated with performance, grievance and termination issues; drafting and negotiating employment contracts, procedures and policies; and providing trainings and counseling to senior leadership teams and employees. She also actively assists clients in due diligence activities and onboarding new personnel.

In her commercial litigation practice, Ms. McLoughlin has significant experience representing businesses in complex commercial litigation matters through trial and appeal including breach of contract, indemnity, unfair competition, minority shareholder, fraud and false advertising cases. She regularly handles business disputes in jurisdictions outside of New York, most frequently in California, and selects and manages local counsel on all matters of litigation strategy, budget and goals. Ms. McLoughlin is a trained mediator and thus brings a practical, solution-oriented perspective and strong communication skills to litigating and resolving business disputes.

REPRESENTATIVE ENGAGEMENTS

  • Represented a global advertising agency in an age discrimination jury trial, in NY state court, obtaining a favorable verdict and successfully defending on appeal.
  • Represented a national marketing agency in a month long AAA arbitration involving employment claims, covenant issues and business equity disputes, including retaliation claims under Sarbanes-Oxley, breach of contract, tortuious interference and duty of loyalty; the panel rendered a favorable award for the agency.
  • Represented a global marketing and corporate communications company in litigation alleging a breach of contract relating to the calculation of the purchase price paid for the acquisition of a business.
  • Successfully obtained judgment on behalf of a communications company in Boston in defense of claims under the Americans with Disabilities Act and Massachusetts state law arising from termination and failure to accommodate a disability.
  • Represented a sales support staffing company in defense of class action lawsuits challenging class certifications, and state and federal wage and hour claims under FLSA, in California. Strategically consolidated and transferred the matter and successfully structured the settlement.
  • Represented an employer in federal court in New Jersey involving whistleblower, retaliation and racial discrimination litigation.
  • Represented employers in federal court in New York on disability discrimination and failure to accommodate claims made by an employee alleging the right to work from home.
  • Represented a global advertising agency in federal court in New York on pregnancy and gender discrimination claims.
  • Successfully represented and defended an employer in state court in California on pregnancy discrimination and FLMA claims arising from repeated extension of medical leave.
  • Represented a marketing agency in federal court in New York in a copyright infringement claim surrounding a national ad campaign.

PUBLICATIONS

Author, "Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore," D&G Litigation Alert, June 2017

Co-Author, "Predictions For The EEOC Under The Trump Administration," Law360, December 23, 2016

Author, "Pay Equity Claims Based on Gender: Employers' Next Big Legal Risk," Westlaw Journal, August 16, 2016

Co-Author, "Managing the Very Real Risks of FLSA Class Action Lawsuits," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Second Circuit Decision Limits Scope of Retaliation Claims," D&G Litigation Newsletter, Summer 2012

BAR ADMISSIONS

New York
New Jersey

EDUCATION

Boston College Law School, J.D., Recipient, McGrath and Kane Award for Academic Achievement and Contribution to the Law School, 1994
Rutgers College, Rutgers University, magna cum laude, Phi Beta Kappa, B.A., 1987


REPRESENTATIVE ENGAGEMENTS

  • Represented a global advertising agency in an age discrimination jury trial, in NY state court, obtaining a favorable verdict and successfully defending on appeal.
  • Represented a national marketing agency in a month long AAA arbitration involving employment claims, covenant issues and business equity disputes, including retaliation claims under Sarbanes-Oxley, breach of contract, tortuious interference and duty of loyalty; the panel rendered a favorable award for the agency.
  • Represented a global marketing and corporate communications company in litigation alleging a breach of contract relating to the calculation of the purchase price paid for the acquisition of a business.
  • Successfully obtained judgment on behalf of a communications company in Boston in defense of claims under the Americans with Disabilities Act and Massachusetts state law arising from termination and failure to accommodate a disability.
  • Represented a sales support staffing company in defense of class action lawsuits challenging class certifications, and state and federal wage and hour claims under FLSA, in California. Strategically consolidated and transferred the matter and successfully structured the settlement.
  • Represented an employer in federal court in New Jersey involving whistleblower, retaliation and racial discrimination litigation.
  • Represented employers in federal court in New York on disability discrimination and failure to accommodate claims made by an employee alleging the right to work from home.
  • Represented a global advertising agency in federal court in New York on pregnancy and gender discrimination claims.
  • Successfully represented and defended an employer in state court in California on pregnancy discrimination and FLMA claims arising from repeated extension of medical leave.
  • Represented a marketing agency in federal court in New York in a copyright infringement claim surrounding a national ad campaign.

PUBLICATIONS

Author, "Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore," D&G Litigation Alert, June 2017

Co-Author, "Predictions For The EEOC Under The Trump Administration," Law360, December 23, 2016

Author, "Pay Equity Claims Based on Gender: Employers' Next Big Legal Risk," Westlaw Journal, August 16, 2016

Co-Author, "Managing the Very Real Risks of FLSA Class Action Lawsuits," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Second Circuit Decision Limits Scope of Retaliation Claims," D&G Litigation Newsletter, Summer 2012

BAR ADMISSIONS

New York
New Jersey

EDUCATION

Boston College Law School, J.D., Recipient, McGrath and Kane Award for Academic Achievement and Contribution to the Law School, 1994
Rutgers College, Rutgers University, magna cum laude, Phi Beta Kappa, B.A., 1987