David J. Santeusanio is a partner in the Litigation Section and a member of the firm's National Labor, Employment and Benefits Practice Group. Mr. Santeusanio is an experienced litigator and advisor representing and counseling clients in all facets of labor and employment law. His areas of concentration include employment discrimination litigation, non-competition and trade secret matters, union-management relations and government investigations.
Employment Litigation and Trial Practice. Mr. Santeusanio represents employers in employment discrimination lawsuits, wrongful termination claims, class actions and whistleblower claims. He represents clients in state and federal courts, arbitrations and administrative agencies, including the Massachusetts Commission Against Discrimination and Equal Employment Opportunity Commission.
Non-Competition Litigation. Mr. Santeusanio regularly prosecutes and defends claims for unfair competition, improper solicitation of customers and employees, and misappropriation of trade secrets and proprietary information. In addition to representing companies in litigation, Mr. Santeusanio assists companies in developing and implementing programs and agreements to protect company assets.
Labor Relations. Mr. Santeusanio represents employers facing union-management issues, including union avoidance, collective bargaining, unfair labor practice charges, strikes and picketing, proceedings before the National Labor Relations Board and arbitrations. He regularly counsels clients on their rights and responsibilities under the National Labor Relations Act.
Government Investigations and Corporate Compliance. Mr. Santeusanio has substantial experience representing clients in connection with government investigations, including investigations by the United States Department of Labor, the Office of the Attorney General, the Equal Employment Opportunity Commission, and Massachusetts Commission Against Discrimination. In addition, Mr. Santeusanio develops corporate compliance programs designed to improve employment practices and reduce risks of litigation.
Client Counseling. Mr. Santeusanio advises clients in a broad range of employment issues, including employment agreements, wage and hour compliance, employee discipline and termination, employee medical leaves and disability issues, sexual harassment, employee handbooks and policies, reductions in force and workplace violence issues. Mr. Santeusanio regularly conducts employee training programs.
Affirmative Action. Mr. Santeusanio counsels clients on federal contractor affirmative action obligations. Mr. Santeusanio has successfully represented clients in affirmative action audits by the United States Department of Labor's Office of Federal Contract Compliance Programs. In addition, he counsels businesses and higher education institutions on voluntary affirmative action efforts and diversity programs.
Representative Industries and Organizations. Mr. Santeusanio represents clients in various industries, including education, high-technology, insurance, financial services, transportation, construction, healthcare and government service contracting. Mr. Santeusanio has served as labor and employment counsel for organizations of all sizes, including start-up companies, middle-market companies and large publicly-held companies.
Representative Matters. The following matters are representative of Mr. Santeusanio's practice:
- obtained summary judgment for employer in federal court on disability discrimination claim
- obtained summary judgment for employer in federal court on an employee's claim under the Massachusetts Wage Act for alleged unpaid commissions in excess of $1 million dollars
- obtained court orders requiring defecting employees to honor their post-employment restrictions to their former employers (including non-solicitation and non-compete obligations)
- defended company accused of misappropriating trade secrets at preliminary injunction phase and trial
- won arbitration ruling affirming a college's just cause dismissal of a union employee
- defeated union organizing efforts at companies and educational institutions
In addition to his practice, Mr. Santeusanio regularly provides pro bono legal services. His pro bono work includes representing a young adult seeking asylum in the United States after being wrongfully imprisoned in his native country; representing a parent in an international child abduction case in which the parent sought reunification with her child; and advising a non-profit organization dedicated to providing homes to veterans of the United States military.
While in law school, Mr. Santeusanio served as editor-in-chief of the Suffolk Transnational Law Review.
Following graduation from law school, Mr. Santeusanio served as a law clerk to The Honorable Howard H. Dana, Jr., Associate Justice of the Maine Supreme Judicial Court.