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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 defending and litigating employment claims in federal courts across the country and in arbitrations for a broad range of employers with divergent employee populations.

Ms. McLoughlin has defended and resolved hundreds of employee administrative charges alleging a wide variety of employment claims including claims of unlawful discrimination, harassment, retaliation, failure to accommodate, whistleblower activity, breach of contract, restrictive covenant violations and class action wage and hour disputes. She also conducts, manages and oversees internal investigations of alleged wrongdoing including harassment, security breaches, employee disloyalty and other misconduct. Ms. McLoughlin’s litigation experience makes her an efficient partner with in-house counsel and business teams when managing resources, balancing costs, anticipating challenges and communicating likely outcomes and risks associated with client business goals and litigation decisions.

Ms. McLoughlin’s employment practice also includes providing day-to-day advice and counsel to employers on best practices for their compliance programs including how to draft, implement and enforce policies, processes, trainings and employee engagement programs that help business, legal and human resources teams to abide by federal, state and local employment laws.

She represents clients in matters outside the employment arena including managing crises and handling commercial disputes concerning breach of contract, breach of data security, indemnity, unfair competition, minority shareholder and fraud cases.
Ms. McLoughlin is also a trained mediator, which is an effective tool when analyzing all aspects of business issues and communicating with client stakeholders and adversaries who have different perspectives and may be focused on competing goals.

REPRESENTATIVE ENGAGEMENTS

  • Served as first chair trial counsel representing a global advertising agency in an age discrimination jury trial, in NY state court, obtaining a favorable verdict and defending on appeal.
  • Served as first chair trial counsel for a national marketing agency in a lengthy and complex AAA arbitration involving employment claims, covenant issues and business equity disputes, including retaliation claims under Sarbanes-Oxley, breach of contract, tortious interference and duty of loyalty; the panel rendered a favorable award for the agency.
  • Served as lead counsel for a global marketing and corporate communications company in a California litigation alleging a breach of contract relating to the calculation of the purchase price paid for the acquisition of a business.
  • 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.
  • Served as first chair trial counsel for 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 structured the settlement.
  • Served as first chair for a national marketing agency in federal court in New Jersey involving whistleblower, retaliation and racial discrimination litigation, which was resolved on the eve of trial.
  • 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.
  • Represents global advertising agencies in federal courts on pregnancy, gender, race, age and disability discrimination claims.
  • 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.
  • Represented global advertising agency in EEOC class action discrimination investigation.

PUBLICATIONS

Author, "Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers," D&G Employment Litigation Alert, July 2020

Author, "Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination," D&G Employment Litigation Alert, June 2020

Author, "Employers Risk FMLA Claims for Terminating Employees Whose Unexplained Absences May be Medically Related," D&G Employment Litigation Alert, April 2019

Author, "Employers May be Required to Accommodate Employees Who Request to Work Part Time Due to a Disability, Even if They had Previously Worked in Full-Time Roles," D&G Employment Litigation Alert, September 2018

Co-Author, "ADA Requires Online Businesses To Make Their Websites Usable By The Disabled," D&G Litigation Alert, September 2017

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

  • Served as first chair trial counsel representing a global advertising agency in an age discrimination jury trial, in NY state court, obtaining a favorable verdict and defending on appeal.
  • Served as first chair trial counsel for a national marketing agency in a lengthy and complex AAA arbitration involving employment claims, covenant issues and business equity disputes, including retaliation claims under Sarbanes-Oxley, breach of contract, tortious interference and duty of loyalty; the panel rendered a favorable award for the agency.
  • Served as lead counsel for a global marketing and corporate communications company in a California litigation alleging a breach of contract relating to the calculation of the purchase price paid for the acquisition of a business.
  • 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.
  • Served as first chair trial counsel for 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 structured the settlement.
  • Served as first chair for a national marketing agency in federal court in New Jersey involving whistleblower, retaliation and racial discrimination litigation, which was resolved on the eve of trial.
  • 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.
  • Represents global advertising agencies in federal courts on pregnancy, gender, race, age and disability discrimination claims.
  • 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.
  • Represented global advertising agency in EEOC class action discrimination investigation.

PUBLICATIONS

Author, "Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers," D&G Employment Litigation Alert, July 2020

Author, "Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination," D&G Employment Litigation Alert, June 2020

Author, "Employers Risk FMLA Claims for Terminating Employees Whose Unexplained Absences May be Medically Related," D&G Employment Litigation Alert, April 2019

Author, "Employers May be Required to Accommodate Employees Who Request to Work Part Time Due to a Disability, Even if They had Previously Worked in Full-Time Roles," D&G Employment Litigation Alert, September 2018

Co-Author, "ADA Requires Online Businesses To Make Their Websites Usable By The Disabled," D&G Litigation Alert, September 2017

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