Brian J. MacDonough
Attorney Profile
Top Rated Employment & Labor Attorney in Boston, MA
Boston, MA 02110
Selected To Rising Stars: 2009 - 2012, 2014 - 2016
- Employment & Labor: Employee (50%),
- Employment Litigation: Plaintiff (40%),
- Employment Litigation: Defense (10%)
Brian J. MacDonough, chair of the Employment Department, counsels and represents executives and professionals in sophisticated employment and compensation matters and employment litigation.
He handles a wide range of matters, including contract negotiation and enforcement, discrimination, whistleblowing, wage and hour issues, and wrongful termination. In particular, Brian advises executives and professionals regarding employment agreements, change of control agreements, equity and deferred compensation vehicles, non-competition and other restrictive covenants, severance /separation terms, and transition agreements.
A trusted advisor to his clients, Brian often works with them throughout their careers as they transition to new opportunities. As noted by Chambers USA, he “brings a calm demeanor to the table and focuses on the best outcome for his client,” says one interviewee. A client adds: “He is empathetic and very strategic in negotiations.”
In addition to his executive advocacy practice, Brian also litigates cases in both federal and state courts and appears regularly before state and federal agencies, including the Massachusetts Commission Against Discrimination and U.S. Equal Employment Opportunity Commission.
Highly respected by his colleagues, Brian is a former co-chair of the Boston Bar Association’s Labor & Employment Law Section. He also served on the committee that prepared draft sexual harassment regulations on behalf of the Massachusetts Commission Against Discrimination and he assisted in the drafting of proposed revisions of the Commission’s procedural regulations
Brian is a frequent author and speaker on matters of employment law. He is an editor and co-author of the Massachusetts Employment Law Manual, published by Massachusetts Continuing Legal Education, Inc. He has also co-authored employment law chapters for the MCLE’s Massachusetts Basic Practice Manual, and sections of the quarterly Commentary for the Massachusetts Discrimination Law Reporter. Brian has chaired several programs sponsored by MCLE, including “What Every Lawyer Needs to Know About Employment Law” and “Preventing and Litigating Wage & Hours Cases.”
About Brian MacDonough
Admitted: 2006, Massachusetts
Professional Webpage: http://www.sherin.com/attorneys/brian-j-macdonough/
Bar/Professional Activity:
- Massachusetts Employment Lawyers Assocation
- Massachusetts Bar Assocation
- National Employment Lawyers Association
- Amicus Group
- Co-chair, Boston Bar Association, Labor and Employment Fundamentals Program Committee
Scholarly Lectures/Writings:
- Webinar co-hosted by Essex Partners, panelist, Employment Hot Topics in the time of COVID-19, 2020
- Legal Management, co-author, Severance: Practical Guidance for the Departing Executive, 2019
- Law360, co-author, Proposed Changes to the MCAD’s Procedural Regulations, 2019
- MCLE, panelist, Preventing & Litigating Wage & Hour Cases 2019, 2019
- MarketWatch, co-author, How to save your career and your reputation when you are accused of wrongdoing, 2019
- Forum of Senior Executive Advisers (IFSEA), speaker, International One-Day Conference on Risk, Reward & Reputation Management Issues for Senior Executives & Founders, and their Specialist Advisers, 2020
- Massachusetts Lawyers Weekly, author, Understanding Unlawful Discrimination in the Workplace, 2020
- Chief Executive, co-author, The CARES Act and Your Compensation, 2020
- “Representing Clients before the MCAD in Employment Discrimination Cases,” Boston Bar Association, Speaker, 2016
- Sherin and Lodgen Seminar, Speaker, “Legal Updates for Your Dental Practice,”, 2017
- MCLE, Speaker, “‘1st Look’ at the New Massachusetts Pay Equity Law,”, 2016
- Boston Bar Association, Speaker, “Unfair v. Unlawful: Representing Clients In Wrongful Termination Cases,”, 2017
- MCLE, Chair and Speaker, “What Every Lawyer Needs to Know About Employment Law,” , 2017
- MCLE, speaker, “Fortifying & Scrutinizing Employee Handbooks & Policies”, 2017
- Journal of the Massachusetts Dental Society, author, “Wage and Hour Issues in the Dental Profession: Rights and Responsibilities Under the Massachusetts Wage Act,”, 2017
- author, The Executive Ex Pat Agreement: A Checklist of Ex-Pat Specific Possible Terms, 2016
- author, Employment Law in Massachusetts: What Out-of-Staters Need to Know,, 2016
- Author, Department of Labor Issues Final Rule Regarding Overtime Exemption For White Collar Employees, 2016
- author, Federal Judge Halts New Overtime Rule Issuing Nationwide Injunction , 2016
- author, Termination for Cause, Office Romance and Unexpected Forgiveness in the Courts, 2017
- On December 22, 2017, the Tax Cuts and Jobs Act was signed into law, making numerous and significant changes to the Internal Revenue Code, many of which impact executive compensation and employee benefits. Two changes that impact deductibility are of particular concern., Federal Tax Deductibility: Three Changes That Impact Employees, 2018
- In a January 25, 2018 decision, In re: Lehman Brothers, Inc., the Second Circuit of the United States Court of Appeals upheld a lower court decision that restricted stock unit (RSUs) claims filed by former Lehman Brothers employees were securities claims, not creditor claims – putting the compensation claims behind the claims of creditors. , BEWARE: In Bankruptcy, “Equity Compensation” Treated As Equity, Not Compensation, 2018
Other Outstanding Achievements:
- Selected for inclusion in Massachusetts Super Lawyers
- Listed in 2019 Benchmark Litigation
- Listed in The Best Lawyers in America
- Ranked in Chambers USA for Labor and Employment: Mainly Plaintiffs Representation – Massachusetts
Newsletters:
- In this Newsletter: Recent Developments in the Law, Advice for Executives, and the Latest from the S&L Employment Department, Sherin and Lodgen Employment Newsletter - July 2020
- In this Newsletter: Important Developments in the Law; Guidance from the SJC; and the Latest News from S&L’s Employment Department, Sherin and Lodgen Employment Newsletter - March 2020
- In this Newsletter: Tips for Navigating the Job Interview; an Upcoming Supreme Court Decision; and Recent Developments in Employment Law, Sherin and Lodgen Employment Newsletter - October 2019
- In this Newsletter:Tips for the Embattled Executive; Enhanced Protections for Professionals; and Recent Developments in the Law, Sherin and Lodgen Employment Newsletter - June 2019
- In this Newsletter:Proposed MCAD Changes, Discrimination Updates, Circumstantial Evidence Overview, Sherin and Lodgen Employment Newsletter - March 2019
- In this newsletter: BEWARE: In Bankruptcy, “Equity Compensation” Treated As Equity, Not Compensation MCAD Issues Guidance on the Pregnant Worker Fairness Act Relief for Board members and Investors in Non-Payment of Wages Cases Federal Tax Deductibility: Three Changes That Impact Employees, Sherin and Lodgen Employment Newsletter - February 2018
Additional Sources of Information About Brian J. MacDonough
Brian J. MacDonough:
Last Updated: 9/29/2020