Bar Fellowship
American Bar Foundation
•Member, American Bar Association
•Member, Board of Overseers, Boston Children's Hospital
•Member, Boston Bar Association
•Co-Chair, Labor and Employment Law Section
•Member, Society of Fellows, Boston Bar Foundation
•Member, WGBH Corporate Executive Council
•President, Farrington Education Center, Board of Trustees, 2004-2008
•Member Massachusetts Judicial Nominating Council, 1997-2002 Fellow: American Bar Foundation
• Member, American Bar Association
• Member, Boston Bar Association
- Co-Chair, Labor and Employment Law Section
• Member, Society of Fellows, Boston Bar Foundation
• Member, WGBH Corporate Executive Council
• President, Farrington Education Center, Board of Trustees, 2004-2008
• Member Massachusetts Judicial Nominating Council, 1997-2002
Awards & Recognition
• Listed, Chambers USA Guide, 2013
• Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2005-2012
• Team Member, a Law360 "Employment Practice Group of the Year," 2011
• Selected, Guberman Fellowship for Legal Studies, Brandeis University
• Rated, AV Preeminent® 5.0 out of 5
Professional Experience
Significant Representations
• In a case of first impression before the U.S. Court of Appeals for the First Circuit, represented employer in vacating NLRB decision thereby permitting company to implement unilaterally a discretionary merit pay plan in the face of a bargaining impasse with its union.
• Defended Governor of Massachusetts in wrongful termination case brought by former commissioner of state agency.
• Acted as outside counsel to a number of employers to serve as chief negotiator for collective bargaining negotiations.
• Represented several employers in nationwide collective actions arising under the Fair Labor Standards Act and hybrid wage-hour class actions. Cases involved the litigation of class certification issues as well as substantive questions related to independent contractor classification, exempt and non-exempt classification, and compensable time issues.
• Developed litigation and labor relations strategy for publicly traded company in case of international union seeking to affiliate with bargaining unit represented by independent union. Litigation involved numerous proceedings before the National Labor Relations Board and U.S. Court of Appeals for the Third Circuit with final result of employees voting to reject bargaining representative.
• Represented trucking company in case of first impression before the U.S. Court of Appeals for the First Circuit, affirming dismissal of case brought under Section 301 of the Labor Management Relations Act through the retroactive application of Supreme Court precedent.
• Acted as outside labor counsel to publicly traded telecommunications company with responsibility for labor arbitration cases, contract administration and collective bargaining negotiations.
• Represented a number of employers in injunctive proceedings regarding the enforcement of non-competition and non-solicitation agreements.
Reported Decisions
• Jackson v. McKesson Health Solutions, 10 WH Cases 2d 374. (D. Mass. 2004)
• AFSCME v. Olympus Specialty & Rehabilitation Hospital, 279 F.Supp. 2d 59. (D. Mass., 2003)
• Quirk Tire v. NLRB, 241 F.3d 41. (1st Cir. 2001)
• American Medical Response, Inc., 335 NLRB No. 90. (2001)
• Doherty v. American Medical Response, 7 Mass. L. Reporter No. 31. (1997)
Some of the representations listed above were handled by Mr. McCourt prior to his joining Greenberg Traurig, LLP.
Publications & Presentations
Articles, Lectures & Publications
Articles
• Author, "Mass.: What Does the Medical Marijuana Act Mean for Employers?" SHRM, May 29,2013
• Author, "Removing Judicial Discretion Makes New Wage Law Punitive for Massachusetts Employers," Boston Bar Journal, September/October 2008
• Author, "Employee Communications with Personal Attorney via Company Computer May Still be Privileged," New England In-House, August 4, 2006
• Author, "How to Settle Boston's Labor Struggles," The Boston Globe, Op-Ed, April 10, 2004
• Author, "Recent Decision Affects Employee Arbitration Rights," Mass High Tech, April 9, 2001
• Author, "Balancing Project Labor Agreements and Public Bid Laws," Massachusetts Lawyers Weekly, February 16, 1998
Books
• Contributing Editor, The Developing Labor Law, BNA Books, 2008
Lectures
• Speaker, "2012 Employment Legislation Update," 15th Annual Employment Law Conference, Massachusetts Continuing Legal Education, December 14, 2012
• Speaker, "Labor Arbitration Basics," Boston Bar Association Continuing Legal Education, October 10, 2012
• Speaker, "Navigating the Massachusetts Wage Act and Data Security Laws," University of Massachusetts Club Networking Roundtable, October 5, 2012
• Speaker, "ADA Amendments and New Regulations," American Conference Institute Program, Managing and Defending Discrimination Litigation, July 30, 2012
• Speaker, "Labor Law for the Union and Non-Union Workplace," Boston Bar Association Continuing Legal Education, November 9, 2011
• Speaker, "Navigating in a New Regulatory Environment: ADA, FMLA and GINA Compliance," Association of Independent Colleges and Universities of Massachusetts, October 7, 2011
• Speaker, "Drafting & Enforcing Employment Contracts & Severance Agreements," MCLE New England, June 7, 2011
• Speaker, "Employment ADR Programs in the Changing Legal Landscape," Boston Bar Association, January 13, 2011
• Speaker, "The Surge in High-Exposure Retaliation Claims," American Conference Institute, Employment Discrimination Litigation Forum, February 25, 2010
• Speaker, "Responding to Allegations of Wrongdoing," Boston Business Journal Seminar, October 14, 2009
• Speaker, "The Massachusetts Independent Contractor Law," Massachusetts Association of Public Accountants, May 21, 2009
• Speaker, "Employment Law Round Table," National Council of State Housing Agencies, September 26, 2005
• Speaker, "Managing Employee Leave Requests," Construction Industries of Massachusetts, May 25, 2005
• Speaker, "Charter School Labor Issues," Fifth Annual Massachusetts Charter School Convention, March 31, 2005
• Speaker, "Privacy and Emerging Issues in Electronic Workplace Litigation," Massachusetts Personnel Law Update 2003, September 11, 2003
• Speaker, "Joint Employers and the NLRB," Recent Developments in Employment Law, November 19, 2002
• Speaker, "Conducting Internal Investigations," Advanced Employment Law Certificate Forum, September 19, 2002
• Speaker, "Internet and E-mail Policies," Massachusetts Software and Internet Council, October 10, 2001
• Speaker, "Employees' Right to Privacy," Personnel Law Update, March 19, 2001
• Speaker, "Attorneys' Fees and Punitive Damages in Employment Discrimination Litigation," Boston Bar Association, February 26, 2001
Miscellaneous
• Appearances on WBZ Radio Business Report and CBS 4 Evening News, "Impact of Supreme Judicial Court's Goodridge Decision on Employee Benefits," May 18, 2004
Member: Boston Bar Association (Co-Chair, Labor and Employment Law Section); American Bar Association.
