Daryl Lapp

Daryl J. Lapp is a litigator whose practice principally involves the representation of colleges, universities and independent schools in connection with employment discrimination, personal injury, civil rights, breach of contract, real estate and other claims.

Daryl regularly advises education clients outside of litigation, principally on issues relating to faculty and staff employment matters; at-risk students; and compliance with federal and state anti-discrimination, privacy, campus security and other laws. He also regularly works with educational clients in connection with investigations by federal and state agencies and matters of institutional governance.

In addition to his education practice, Daryl regularly handles other litigation matters including the defense of product liability claims and commercial disputes. He formerly Co-Chaired the Firm’s Litigation Department.

Representative Experience :

• Defended a university against breach of contract and other claims ‎arising from a real estate development project. Obtained judgment for ‎the university following a two-week bench trial and defeated plaintiff’s ‎appeal.
• Defended a university in a two-week jury trial involving claims of disability discrimination asserted by a computer programmer who alleged that the university failed to reasonably accommodate her disability. Obtained a defense verdict on all claims.
• Defended a college against breach of contract and other claims asserted by a faculty member who was terminated for cause after pleading guilty to fraud. Defeated plaintiff’s claim for injunctive relief, prevailed on a motion to dismiss the complaint, and defeated plaintiff’s appeal.
• Defended a university in three separate lawsuits alleging wrongful arrest and/or excessive force by campus police. Prevailed on motions to dismiss or for summary judgment in each case and defeated all three appeals.
• Represented a university in an arbitration proceeding to enforce the terms of a license agreement with respect to the proceeds of a patent infringement action involving the licensed technology, securing a $4 million recovery for the university.
• Defended the Town of Lexington against a constitutional challenge to the Town’s regulations for use of its historic Battle Green for expressive purposes. Defeated plaintiff’s motion for injunctive relief, obtained summary judgment on all claims and defeated plaintiff’s appeal.

Professional Affiliations :

• Member, National Association of College and University Attorneys (NACUA)
• Member, Boston Bar Association (College and University Law Section)

Education :

• J.D., cum laude, Northwestern University School of Law, 1987
  • Articles Editor, Northwestern University Law Review
• B.A., Swarthmore College, 1984

Admissions : Massachusetts, 1989

Admitted To Practice :

• U.S. Supreme Court, 2002
• U.S. Court of Appeals for the First Circuit, 1996
• U.S. Court of Appeals for the Sixth Circuit, 1988