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David C. Henderson, Nutter McClennen & Fish LLP Photo

David C. Henderson

Retired / Boston

Overview

David C. Henderson is a retired partner in Nutter’s Litigation Department. David's practice was concentrated in civil litigation and corporate general counsel advice, with a particular focus on employment and labor law and general business and commercial matters. Major corporations, smaller employers, and individual managers engaged David in civil matters in federal and state courts and administrative agencies.

Experience

Experience

  • Department of Labor rules in favor of employer by closing its investigation of a military discrimination claim brought by a member of United States Air Force Reserve

    By coordinating company witnesses, submitting a detailed written position statement, and following up with a series of witness affidavits and company policy excerpts, David Henderson persuaded the Department of Labor to close its investigation into a complaint against a Florida employer. The individual's claim was that the employer violated the Uniformed Services Employment and Reemployment Act (USERRA) by terminating his employment because of his obligation to the United States Air Force Reserve. David was able to persuade DOL that the complaint lacked merit by proving that the employee instead was discharged due to unprofessional behavior, and that after being discharged, the employee submitted inconsistent information to a different government agency.

  • U.S. Court of Appeals for the First Circuit affirms summary judgment award and dismisses appeal based on claims of an ERISA violation

    David Henderson successfully defended a major family of companies, its long term disability plan, and the plan’s third party administrator against ERISA claims made by a former employee. After successfully obtaining summary judgment for his clients in the federal district court, David successfully briefed and argued to the U.S. Court of Appeals for the First Circuit that the plaintiff’s appeal should be denied and dismissed.

  • Superior Court dismisses all 30 claims brought by a disgruntled former executive against his employer, a parent company, and four senior company managers

    David Henderson successfully defended two corporations and four senior managers against 30 claims brought by a disgruntled former executive. After a series of dispositive motions and a final hearing on the last of the remaining claims, the Superior Court dismissed this litigation in its entirety. The dismissed claims included breach of contract, promissory estoppel, breach of the covenant of good faith and fair dealing, interference with a contractual/advantageous business relationship, and intentional infliction of emotional distress. The breach of contract claim by itself was for damages alleged to be in excess of $700,000 counting interest.

  • Superior Court follows state agency’s lead and awards summary judgment to employer on employee’s claim of unlawful retaliation for complaining of disability discrimination

    David Henderson successfully defended a corporate employer against a former employee’s claim of unlawful retaliation for complaining of disability discrimination. After initially obtaining a favorable ruling for the employer in the Massachusetts Commission Against Discrimination, David persuaded the Superior Court to award summary judgment to the employer, dismiss the civil litigation in its entirety, and then dismiss the plaintiff’s appeal.

  • Equal Employment Opportunity Commission dismisses national origin discrimination claim brought by temporary worker on assignment from temporary staffing agency

    David Henderson successfully defended an employer’s termination of a temporary worker who had failed to perform quality inspections and falsified production documents. Although the temporary worker argued that her discharge was based on unlawful discrimination, the EEOC dismissed the employee's complaint after David submitted a detailed position statement and various supporting documents in behalf of the employer.

News & Insights

News

Publications

Honors

Honors

  • Massachusetts Super Lawyers, 2014-2019
  • Super Lawyers Business Edition, 2014-2015
  • Peer Review and Judicial Rated as AV® Preeminent™, the highest performance ratings in Martindale-Hubbell's attorney rating system
  • The Best Lawyers in America, 2016-2021

Education & Admissions

Education

Yale Law School, LL.M., Gherini Prize
Yale Law School, J.D.
Fletcher School of Law and Diplomacy, M.A
U.S. Air Force Academy, B.S., distinguished graduate

Admissions

  • Massachusetts
  • District of Columbia
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. Supreme Court

Noteworthy

  • Massachusetts Super Lawyers, 2014-2019
  • Super Lawyers Business Edition, 2014-2015
  • Peer Review and Judicial Rated as AV® Preeminent™, the highest performance ratings in
  • Martindale-Hubbell's attorney rating system
  • The Best Lawyers in America, 2016-2021

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