Brendan J. Lowd is an experienced and creative litigator, advisor, and counselor to public, private, start-ups, and closely-held companies. Brendan also represents high-level executives in the negotiation of their employment agreements and compensation.
Brendan dedicates a substantial portion of his practice to employment litigation, regularly practicing before state and federal courts, arbitrators and administrative agencies.
Brendan focuses on wage and hour class and collective actions, restrictive covenant matters, False Claims Act cases, and shareholder disputes among the owners of closely-held companies.
In addition, Brendan regularly litigates sexual harassment, disability, retaliation, and other employment discrimination and whistleblower suits. Brendan has a wide range of experience in solving the labor and employment issues that employers face on a daily basis.
Brendan regularly counsels employers on, among other things, employment and separation agreements, employee handbooks, restrictive covenants, providing reasonable accommodations to employees with disabilities, workplace safety, conducting internal investigations of employee complaints, and employee leave of absences.
In addition to the firm’s employment, labor and benefits group, Brendan is also a member of the litigation and construction groups. As a member of the firm’s construction group, Brendan represents various contractors on OSHA and prevailing wage matters.
Moreover, Brendan works closely with the firm’s healthcare and corporate groups to advise and consult on corporate governance and transactional matters. Brendan is a frequent lecturer on the ever-evolving federal and state employment laws, with a focus on presentations concerning wage and hour and restrictive covenant issues.
Prior to joining Mintz, Brendan worked as a litigation associate in the labor and employment practice group at a prominent law firm’s Boston office.
- Dismissed a nationwide FLSA collective action filed against a department store retailer in the United States District Court for the District of Massachusetts based on arbitration agreements that employees signed, pursuant to the United States Supreme Court’s “Epic Systems” decision
- Dismissed wage and hour and defamation claims filed against a dental corporation from the Massachusetts Superior Court based on an employee’s arbitration agreement
- Transferred a Massachusetts Wage Act case filed against a software development company from a Massachusetts federal court to a Florida federal court based on an employment agreement’s forum selection clause
- Successfully settled a disability, sexual orientation, and overtime claim filed by a certified registered nurse anesthetist in the United States District Court for the District of Rhode Island on the eve of summary judgment and following a multitude of depositions
- Secured partial summary judgment on a prevailing wage and independent contractor misclassification lawsuit filed in the United States District Court for the District of Connecticut, which led to a favorable settlement for a Connecticut paint contractor
- Defeated both FLSA conditional and Rule 23 class certification filed against a package delivery company in the United States District Court for the District of Massachusetts
- Dismissed a putative Rule 23 class action for prevailing wage from the Massachusetts Superior Court’s Business Litigation Session on behalf of an electrical contractor.
- Member, Boston Bar Association
- Member, Massachusetts Bar Association
- Member, Rhode Island Bar Association
- Member, American Bar Association
- Volunteer, Boston Bar Association Bar Exam Coaching Program
- Georgetown University Law Center (JD)
- Marquette University (BA, magna cum laude)
- United States Court of Appeals for the First Circuit
- United States District Court for the District of Connecticut
- United States District Court for the District of Massachusetts
- United States District Court for the District of Rhode Island
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