Douglas Brayley is partner in the labor and employment department. Doug represents employers in complex employment litigation matters, including wage and hour class actions, discrimination matters, whistleblower actions, disputes concerning restrictive covenants and trade secrets, and arbitrations and lawsuits brought by highly compensated senior executives.
He has litigated before courts, arbitrators, and administrative agencies. He has argued dispositive motions and appeals, and has served as trial counsel in both state and federal court.
Doug advises employers on a wide range of labor and employment matters, including non-compete and trade secret issues, workforce reorganizations, employee discipline and discharge issues, harassment and discrimination allegations, whistleblower allegations, employment agreements, wage and hour issues, and disability and leave issues.
Doug also has experience representing employers in internal investigations, interviewing witnesses, assessing risks, and negotiating resolutions. He has represented employers in labor arbitrations and unfair labor practice charges.
Doug advises on the employment law issues that arise in corporate transactions, including deal diligence, transition planning, and the drafting of various employment-related agreements. He has represented prominent private equity fund sponsors, portfolio companies, and publicly traded companies in mergers and acquisitions in a variety of industries.
As a Special Assistant District Attorney in Norfolk County, Massachusetts, Doug conducted ten jury trials and argued countless motions and other proceedings on behalf of the Commonwealth. Doug has also completed intensive trial skill training through the National Institute for Trial Advocacy.
Doug also maintains a robust pro bono practice. Representative matters include helping a Turkish father to regain custody of his children following a high-profile international abduction, briefing the U.S. Supreme Court on restitution for the victims of child pornography, briefing the federal Court of Appeals in support of transgender individuals seeking to serve in the military, and securing asylum status for a Cameroonian woman who had been persecuted for her religion.
Before joining Ropes & Gray, Doug served as a law clerk for Judge Jeffrey Sutton of the United States Court of Appeals for the Sixth Circuit.
- JD, magna cum laude, Harvard Law School, 2009; Sears Prize (highest second-year grade average); Best Brief, Ames Moot Court Competition Finals; Supreme Court Litigation Clinic
- BA (Economics & Political Science), Highest Distinction, Indiana University, 2006; Phi Beta Kappa; Herman B Wells Scholar
- Massachusetts, 2010
- Supreme Court of the United States, 2013
- U.S. Court of Appeals for the First Circuit, 2013
- U.S. Court of Appeals for the Sixth Circuit, 2010
- U.S. District Court for the District of Massachusetts, 2011
CLERKSHIPS : Honorable Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit
- Secured complete dismissal with prejudice of putative class action in Delaware bankruptcy court alleging unpaid overtime at transportation industry portfolio company, on behalf of prominent private equity fund.
- Successfully compelled individual arbitration of putative class action claims for allegedly unpaid commissions, on behalf of renewable energy company.
- Defended international education company against putative class action alleging misclassification and unpaid overtime under Massachusetts law.
- Defended prominent non-profit organization in publicized litigation brought by former sub-contractor and two former employees alleging breach of contract and wrongful termination
- Won complete defense victory on behalf of leading global commercial property and casualty insurance company, following week-long trial over the claim of former executive that she was owed several million dollars in severance.
- Obtained nuisance value settlement for investment management company in dispute with former sales executive over commissions and equity compensation.
- Represented information technology company in enforcing non-compete against former head salesman who left to join a direct competitor.
- Advised medical device company on avoiding and mitigating liability for trade secret misappropriation in its hiring and management of a competitor’s former general manager.
- Helped national health care system to secure dismissal with prejudice of whistleblower’s 80-page qui tam complaint alleging False Claims Act violations, as well as to obtain unprecedented monetary sanctions against the relator’s counsel for misconduct.
- Defended university endowment against claims by former-high level employee for breach of fiduciary duty and fraud in connection with rollovers from a “top hat” deferred compensation plan.
- Argued before Massachusetts Court of Appeals on compelled arbitration under the Massachusetts Arbitration Act.
- Lead investigator in internal inquiry by Board of Trustees of prominent educational and cultural institution into executive compensation irregularities.
- Investigated allegations of serious misconduct by CEO of private equity portfolio company and negotiated separation from employment.
Rate : $$$