Gregory L. Demers
Counsel
Greg Demers is counsel in the firm’s Boston office. Greg focuses his practice on employment litigation as well as pre-litigation counseling, employment contract negotiation, risk assessment, and dispute resolution.
Greg regularly represents employers in complex employment litigation matters, including disputes concerning restrictive covenants and trade secrets misappropriation, wage and hour and ERISA class actions, discrimination matters, whistleblower actions, and arbitrations and lawsuits brought by highly compensated senior executives. Greg also has a deep commercial litigation background, having represented private equity firms and their portfolio companies, hedge funds, educational institutions, and individual officers and directors in a broad range of disputes. Greg has successfully guided clients through securities and consumer class actions, shareholder derivative claims, internal investigations, and deal litigation, as well as follow-on state and federal government investigations. Greg also counsels companies and senior management on employment and executive compensation arrangements, including hiring, separations, employee transitions, and restrictive covenants.
Greg also maintains an active pro bono practice. He has successfully represented asylum-seekers fleeing from political persecution, parents seeking custody of their children, and low-income tenants facing disability discrimination. Most recently, Greg defended a non-profit social service provider against discrimination claims in Massachusetts Superior Court, obtaining a complete dismissal at the pleadings stage.
Prior to joining the firm, Greg clerked for Chief Judge Dennis Jacobs of the Second Circuit Court of Appeals and United States District Judge Michael Ponsor in the District of Massachusetts.
Experience
Class Actions, Collective Actions, and Other Complex Litigation
- Currently representing former public company officer in multi-pronged litigation, including a securities class action in federal district court and parallel regulatory inquiries into alleged accounting irregularities.
- Currently defending investment fund, general partner, and limited partners in fraudulent conveyance litigation being pursued in both state and federal court. Successfully resolved breach of fiduciary duty claims against former portfolio company directors and officers in related litigation.
- Represented airfreight carrier against Sherman Act price-fixing claims in putative class action lawsuit.
- Defended private equity firm and former directors and officers in multi-jurisdictional litigation in state and federal court alleging mismanagement and breach of fiduciary duty, resulting in a favorable resolution for our clients.
Trade Secrets, Non-Competes and Unfair Competition
- Representing logistics company in multi-jurisdictional trade secrets and non-compete litigation brought by purported industry competitor.
- Representing disaster restoration company in arbitration against former executive for violation of restrictive covenants.
- Defending chemical company and a senior executive in state court non-compete litigation brought by former employer.
Disputes with Highly Compensated Executives
- Representing portfolio company in dispute with former executive concerning earn-out compensation and consulting benefits.
- Counseled clients at various stages regarding disputes with executives separating from the company.
- Successfully defended board members in whistleblower action brought by former chief compliance officer upon termination.
ERISA / Employee Benefits Litigation
- Obtained dismissal of putative ERISA class action brought by plan participants in the Southern District of New York.
- Successfully defended against fiduciary duty litigation brought against benefits plan in federal court on behalf of 401K participants.
- Obtained affirmance in Second Circuit Court of Appeals of trial court decision dismissing fraudulent conveyance claims against benefits committee.
Internal Investigations
- Led internal investigation into allegations of misrepresentation by company executive.
- Conducted investigation on behalf of a special committee of a closely held company’s board of directors into allegations of self-dealing by executive officers.
- Obtained “no action” letters in various state and federal investigations against public company officers and directors related to alleged disclosure violations, insider trading, and accounting fraud, among others.
- Conducted investigation on behalf of special committee of a public company board of directors in response to shareholder derivative demand concerning director compensation.
- Conducted investigation on behalf of medical device company into whistleblower allegations made by former member of senior management.
- Obtained “no action” letter following four-year SEC investigation into alleged disclosure violations by public company officer.
- Obtained “no action” letter following SEC investigation into alleged accounting fraud prompted by short seller report.
Publications
- Quoted, “California’s Expanded Family and Medical Leave Requirements Have Taken Effect,” SHRM (August 26, 2022)
- Co-author, “How To Avert Unlawful Poaching Amid Rising Antitrust Risks,” Law360 (June 10, 2022)
- Co-author, “The many flavors of control: navigating Massachusetts’ employer control tests,” Massachusetts Lawyers Weekly (June 3, 2022)
- Quoted, “SJC adopts FLSA test to determine joint employer status,” Massachusetts Lawyers Weekly (December 23, 2021)
- Co-author, “4th Circ. Ruling Offers Guidance On Scope Of WARN Act,” Law360 (December 14, 2021)
- Co-author, “Director's Duty of Oversight and Covid-19: Part I,” Bloomberg Law (February 2021)
- Co-author, “Director's Duty of Oversight and Covid-19: Part II,” Bloomberg Law (February 2021)
- Co-author, “Steps For Cos. Reacting To Anonymous Short-Seller Claims,” Law360 (March 6, 2020)
- Co-author, “Delaware Court Rules that Oracle’s Special Litigation Committee Must Turn Over Privileged Documents to Shareholder Plaintiff,” The Corporate Governance Advisor (March/April 2020)
- Co-author, “Reexamining ‘Scheme Liability’ After ‘Lorenzo’,” The New York Law Journal (January 10, 2020)
- Co-author, “Appeals Court limits scope of litigation privilege,” Massachusetts Lawyers Weekly (December 12, 2019)
- Co-author, “Protecting Colleges & Universities Against Real Losses in a Virtual World,” The John Marshall Journal of Information Technology & Privacy Law Volume 33, Issue 2 (2017)
- Co-author, “The Antisocial Effects of Social Media and How Colleges and Universities Can Manage Related Litigation Risks,” Pittsburgh Journal of Technology Law & Policy (December 2017)
- Co-author, “Martoma tips the balance on insider trading liability,” Westlaw Journal’s Securities Litigation & Regulation (October 12, 2017)
- Co-author, “Chancery court addresses standing to bring fiduciary duty claims following freeze-out merger,” International Law Office Corporate Finance/M&A Newsletter (June 14, 2017)
- Co-author, “Three decisions consider effect of stockholder approval on challenged transactions,” International Law Office Corporate Finance/M&A Newsletter (May 24, 2017)
- Co-author, “SEC Enforcement Trends: Minor Accounting and Disclosure Infractions Attracting Major Scrutiny,” Bloomberg BNA Tax and Accounting Center (April 13, 2017)
- Co-author, “Three Days in August: Delaware’s Evolving View of the Impact of Stockholder Approval on Post-Closing M&A Litigation,” Insights: The Corporate & Securities Law Advisor (November 2016)
- Co-author, “DOL Fiduciary Rule Implications for Private Investment Fund Managers,” Bloomberg BNA “Securities Regulation & Law Report” (June 13, 2016)
- Co-author, “Ch. 1: Fraud and Negligent Misrepresentation,” MCLE Business Torts in Massachusetts, 2nd Edition, MCLE (2016)
- Co-author, “Omnicare's Square Peg Problem: Importing a Section 11 Standard Into a Section 10 Framework,” Bloomberg BNA Securities Regulation & Law Report (March 11, 2016)
- Co-author, “Plaintiffs strike out in two recent Delaware appraisal actions,” International Law Office (September 2, 2015)
- Co-author, “Revisiting Corporate Scienter: In Search of a Middle Ground,” Bloomberg BNA “Securities Regulation & Law Report,” (April 2015)
- Co-author, “Delaware Clamps Down on Disclosure-Based M&A Litigation” Insights:The Corporate & Securities Law Advisor (January 2014)
Education
- JD, cum laude, Cornell Law School, 2010; Order of the Coif; Cornell Law Review, Articles Editor; Moot Court, Bench Editor
- BA (Political Science and Philosophy), summa cum laude, Seton Hall University, 2007; Regent’s Scholarship; Brownson Speech and Debate Team
Admissions / Qualifications
Qualifications
- Massachusetts, 2010
Court Admissions
- Supreme Court of the United States, 2019
- U.S. Court of Appeals for the Third Circuit, 2017
- U.S. Court of Appeals for the Second Circuit, 2013
- U.S. Court of Appeals for the First Circuit, 2013
- U.S. District Court for the District of Massachusetts, 2011