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David Rubin, Nutter McClennen & Fish LLP Photo

David S. Rubin

Partner / Boston

Overview

David is a partner in Nutter's Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group. He represents clients in a broad range of industries, including utility and power generation, technology, private equity and financial services, and manufacturing. David also represents non-profit entities in health care, the arts, and social service.

David’s practice encompasses virtually all aspects of labor and employment law.

Labor Relations and Litigation
David regularly represents and counsels unionized employers in collective bargaining, arbitration, and labor relations. He has also represented numerous employers confronting union organizing campaigns, strikes, and picketing. David has brought and defended claims before the National Labor Relations Board on behalf of companies.

Over the course of more than 25 years of practice, David has litigated employment-related cases on behalf of businesses in federal and state courts and before administrative agencies. He has defended employers against claims for discrimination, wrongful discharge, breach of contract, and a variety of other actions. In addition, he regularly advises and represents businesses and executives with respect to non-compete agreements and litigation.

Business Transactions
David represents companies, investors, entrepreneurs, and senior executives in the labor and employment aspects of all types of business transactions, including mergers and acquisitions, joint ventures, and equity investments. He drafts and negotiates complex employment and separation agreements, as well as employee equity and benefit plans.

Employment Law
A substantial part of David’s practice is providing advice to companies on all types of employment law issues. He assists employers in structuring reductions-in-force, and with creating and administering employee benefit plans. David has extensive experience in wage and hour, affirmative action, and WARN Act compliance.

Experience

Experience

  • Cali’flour Foods

    Nutter advised Cali’flour Foods, the developer and manufacturer of low-carb, gluten-free cauliflower products, in a Series A financing round led by Sunrise Strategic Partners, with participation from CircleUp Growth Partners.

  • DTM Packaging and Custom Automation

    Nutter served as legal advisor to DTM Packaging and Custom Automation, a leader in machinery manufacturing and re-manufacturing, in its acquisition by The Massman Companies, a Minnesota-based team of machinery and technology companies.

  • Fisher International, Inc.

    Nutter served as sole legal advisor to Fisher International, Inc., a firm supporting the pulp and paper industry with business intelligence and strategy consulting services, in its acquisition by Battery Ventures, a global technology-focused investment firm.

  • Globe Composite Solutions, LLC

    Nutter served as legal advisor to Globe Composite Solutions, LLC (Globe), a navy submarine supplier, in its acquisition by ESCO Technologies Inc. (NYSE: ESE), a global provider of highly engineered products and solutions to diverse and growing end-markets that include the aerospace, space, healthcare, wireless, consumer electronics, electric utility, and renewable energy industries. 

  • ALM Works, Inc.

    Nutter served as legal counsel to ALM Works, Inc., the developer of software products to empower project managers around the world with visibility and control, in connection with its acquisition by Tempo Software, a leading provider in team time management and productivity-enhancing solutions.

  • Connected Home Care, LLC

    Nutter served as legal counsel to Connected Home Care, LLC, a leading home care provider serving Medicaid, dual-eligible, and private pay clients throughout Eastern Massachusetts, in connection with its acquisition by HouseWorks, LLC, one of the nation’s largest independent home care companies.

  • Ce3, Inc.

    Nutter served as legal counsel to Ce3, Inc., a full-service CRO focused on providing early phase oncology clinical development services to the biotechnology industry, in connection with its acquisition by Catalyst Clinical Research, a clinical development organization providing highly customizable clinical research solutions to the global biopharmaceutical industry.

  • Gravyty

    Nutter served as legal counsel to Gravyty, a market-defining provider of fundraiser enablement solutions powered by artificial intelligence, in connection with a $21 million investment from K1 Investment Management, a leading investment firm focusing on high-growth enterprise software companies.

  • McCarthy Capital

    Nutter served as legal counsel to McCarthy Capital Fund VI in connection with its partnership with Big Belly Solar, the global leader in smart waste solutions for public spaces, to recapitalize Bigbelly and provide further cash investment to accelerate growth.

  • Centreville Bank

    Nutter served as sole outside legal counsel to Centreville Bank in connection with its agreement to acquire Putnam Bank and its holding company, PB Bancorp, Inc., in a transaction valued at approximately $115.5 million.

  • Financial services company

    Nutter obtained summary judgment in an age discrimination suit filed against a large financial services company.

  • Multifacility manufacturer

    Nutter assisted a multifacility manufacturer in negotiating the soft close of a defined benefit pension plan to new union employees.

  • Multinational corporation

    Nutter persuaded the Department of Labor to reestablish its rule against extraterritorial application of Sarbanes-Oxley Section 806, resulting in dismissal of a retaliation claim filed against a multinational corporation filed by an employee of an Asian subsidiary.

  • North Dakota manufacturer

    Nutter successfully defended a North Dakota manufacturer before the National Labor Relations Board against the union’s unfair labor practice claims after the manufacturer withdrew recognition of the union.

  • Senior executives in a privately-held company

    Nutter represented senior executives of a privately-held company through change of control and integration into a larger entity.

  • Veracross LLC

    Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.

  • Lallemand USA, Inc.

    Nutter advised Lallemand USA, Inc. when it acquired Scott Laboratories Inc. (USA) and Scott Laboratories Ltd. (Canada), privately-held companies specializing in value-added products for the North American wine, craft brewing, and distilled spirits industries.

  • Lallemand USA, Inc.

    Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

  • Palisade Corporation

    Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

  • Hometown Financial Group Inc.

    Nutter represented Hometown Financial Group, Inc., the bank holding company of bankESB (Easthampton, MA) and bankHometown (Oxford, MA), in connection with its acquisition of Pilgrim Bank, a Massachusetts-chartered co-operative bank headquartered in Cohasset, MA, and its bank holding company, Pilgrim Bancshares, Inc. (OTCMKTS: PLRM).

  • PeoplesBancorp, MHC

    Nutter represented PeoplesBancorp, MHC, a Massachusetts mutual holding company, and the bank holding company of PeoplesBank, a Massachusetts-chartered savings bank, both of Holyoke, Massachusetts, in connection with its acquisition of First Suffield Financial, Inc., a Connecticut corporation and the bank holding company of The First National Bank of Suffield, a national bank, both of Suffield, Connecticut. The total value of the transaction was approximately $60 million.

  • MNB Bancorp

    Nutter advised MNB Bancorp, the parent company of The Milford National Bank and Trust Company, a national bank, both of Milford, Massachusetts, in its acquisition by Independent Bank Corp. (NASDAQ Global Select Market: INDB). Independent is the parent company of Rockland Trust Company. The total value of the transaction was approximately $54 million.

  • Lallemand USA, Inc.

    Nutter advised Lallemand USA, Inc., a U.S. subsidiary of the global yeast manufacturing company, in its asset acquisition of a yeast manufacturing plant and business based in North Dakota.

  • OSRAM

    Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

  • Proposed Acquisition

    Represented senior management team of medical-practice management organization through proposed acquisition by private equity fund

  • CIRCOR International, Inc.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

  • Arbitration

    Defended major ballet orchestra in labor arbitration challenging termination of union musician

  • Affirmative Action Audit

    Assist government contractor prepare affirmative action plan and undergo audit by federal OFCCP

  • Union Negotiation

    Negotiate union contract on behalf of social service agency

  • Abveris

    Nutter advised Abveris (formally known as AbX Biologics, Inc.), a privately-held in vivo antibody discovery services company, in connection with its acquisition by Twist Bioscience Corporation (NASDAQ: TWST), a leading and rapidly growing synthetic biology and genomics company that has developed a disruptive DNA synthesis platform to industrialize the engineering of biology.

  • Eastern Bankshares, Inc.

    Nutter served as legal counsel to Eastern Bankshares, Inc. (Nasdaq Global Select Market: EBC), the stock holding company for Eastern Bank, in connection with its acquisition of Century Bancorp, Inc. (Nasdaq: CNBKA), the stock holding company for Century Bank and Trust Company, in a transaction valued at approximately $642 million.

  • iResearch

    Nutter served as legal counsel to iResearch, a leading multi-specialty clinical research center with locations in Decatur, GA and Savannah, GA, in connection with its acquisition by CenExel.

  • OpenClinica

    Nutter served as legal counsel to OpenClinica, an industry-leading clinical research solutions provider based in Waltham, MA, in connection with a strategic investment with Thompson Street Capital Partners.

  • T.F. Boyle Transportation, Inc.

    Nutter served as legal counsel to T.F. Boyle Transportation, Inc. in its acquisition by Toronto-based Andlauer Healthcare Group Inc. (TSX: AND).

News & Insights

News

Speaking Engagements

Publications

Honors

Honors

  • Super Lawyers, Corporate Counsel Edition, 2008 & 2010
  • Super Lawyers Business Edition, 2011-2015 
  • Massachusetts Super Lawyers 2004, 2006-2015, 2020-2023
  • Chambers USA, Leading Labor & Employment Attorney, 2018-2019, 2023
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system
  • The Best Lawyers in America, 2019-2024

Education & Admissions

Education

Suffolk University Law School, J.D., cum laude
University of Massachusetts at Amherst, B.A.

Admissions

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

Notable Experience

Over the course of more than 25 years of practice, David has litigated employment-related cases on behalf of businesses in federal and state courts and before administrative agencies. He has defended employers against claims for discrimination, wrongful discharge, breach of contract, and a variety of other actions. In addition, he regularly advises and represents businesses and executives with respect to non-compete agreements and litigation.

Noteworthy

  • Super Lawyers, Corporate Counsel Edition, 2008 & 2010
  • Super Lawyers Business Edition, 2011-2015 
  • Massachusetts Super Lawyers 2004, 2006-2015, 2020-2023
  • Chambers USA, Leading Labor & Employment Attorney, 2018-2019, 2023
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system
  • The Best Lawyers in America, 2019-2024
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