Douglas Brayley

Experience

Class Actions, Collective Actions, and other Complex Litigation

• Secured complete dismissal with prejudice of putative class action in Delaware bankruptcy court alleging unpaid overtime at transportation industry portfolio company, on behalf of prominent private equity fund.
• Successfully compelled individual arbitration of putative class action claims for allegedly unpaid commissions, on behalf of renewable energy company.
• Defended private equity sponsor against class action joint-employer liability claims relating to alleged WARN Act violations at medical testing portfolio company.
• Defended international education company against putative class action alleging misclassification and unpaid overtime under Massachusetts law. 
• Successfully defended proposed wage and hour class action settlement against challenge from plaintiff objectors, in California state court. 
• Defended hospital management company in three concurrent WARN Act lawsuits brought by labor unions and putative class of non-unionized employees, in Massachusetts federal court.
• Defended prominent non-profit organization in publicized litigation brought by former sub-contractor and two former employees alleging breach of contract and wrongful termination

Disputes with Highly Compensated Executives

• Defended e-learning company against federal lawsuit by former CEO, alleging entitlement to millions of dollars in equity.
• Defended national franchisor against claims by former Chief Financial Officer that she was owed millions of dollars in equity compensation.
• Won complete defense victory on behalf of leading global commercial property and casualty insurance company, following week-long trial over the claim of former executive that she was owed several million dollars in severance.
• Secured dismissal of claims by former corporate president that he had been wrongfully denied wages and severance totaling an eight-figure sum, on behalf of international medical device and supply firm.
• Obtained nuisance value settlement for investment management company in dispute with former sales executive over commissions and equity compensation.

Trade Secrets, Non-Competes and Unfair Competition

• Regularly advises clients in financial services, insurance, technology, biotechnology, pharmaceutical, and other industries on non-compete compliance and enforcement.
• Represented insurance brokerage group in enforcement of non-compete and non-solicit against former co-owner who joined a national competitor.
• Represented information technology company in enforcing non-compete against former head salesman who left to join a direct competitor.
• Represented energy-sector data company in lawsuit enforcing confidentiality agreement and protecting against misappropriation of trade secrets by former employees who left to form a competitor using technology and resources taken from their former employer.
• Represented architecture and engineering firm in enforcing non-competition covenant against a former executive and shareholder who joined a rival firm.
• Advised medical device company on avoiding and mitigating liability for trade secret misappropriation in its hiring and management of a competitor’s former general manager.

Whistleblower Litigation

• Represented three former high-ranking executives of a publicly traded company in connection with their claims of whistleblower retaliation under the Sarbanes-Oxley and Dodd-Frank Acts.
• Helped national health care system to secure dismissal with prejudice of whistleblower’s 80-page qui tam complaint alleging False Claims Act violations, as well as to obtain unprecedented monetary sanctions against the relator’s counsel for misconduct. 
• Represented bio-sciences organization against allegations of supposed financial mismanagement raised by outgoing employee. 

ERISA / Employee Benefits Litigation

• Defended international medical device and supply company against ERISA claims by former high-level executive relating to alleged interference and breach of fiduciary duty in the administration of an executive severance plan.
• Defended university endowment against claims by former-high level employee for breach of fiduciary duty and fraud in connection with rollovers from a “top hat” deferred compensation plan.

Trials, Arbitrations, and Appeals

• Nearly a dozen first chair appearances in labor grievance arbitrations on behalf of renowned health care and educational clients.
• Defended large asset manager in bench trial of discrimination claim. Presented direct and cross exams and gave opening and closing arguments.
• Argued before D.C. Court of Appeals in appeal involving employment discrimination law and administrative law.
• Argued before Massachusetts Court of Appeals on compelled arbitration under the Massachusetts Arbitration Act.
• Represented petitioner in week-long federal bench trial under Hague Convention on Child Abduction, which ultimately succeeded in reuniting a Turkish father with his daughters, who had been abducted from his custody several years earlier. Presented direct exam and argued dispositive motion.
• Argued before the federal First Circuit Court of Appeals in appeal involving interpretation of the Hague Convention and the U.S. International Child Abduction Remedies Act.

Internal Investigations

• Lead investigator in internal inquiry by Board of Trustees of prominent educational and cultural institution into executive compensation irregularities.
• Lead investigator in internal inquiry by bio-sciences organization into faculty member’s allegations of mistreatment by administration.
• Investigated highly sensitive #MeToo allegations against incoming Managing Partner of independent investment manager.
• Represented private university in investigation of highly publicized misreporting of admissions statistics.
• Represented prominent educational and cultural institution in internal investigation into highly publicized misconduct by senior employee.
• Investigated allegations of serious misconduct by CEO of private equity portfolio company and negotiated separation from employment.
• Investigated allegations of misconduct by head of sales department at biotech company.
• Represented public school committee in inquiry by Department of Education Office of Civil Rights into alleged racial bullying at high school.