David E. Emer is an associate in Nutter’s Litigation Department. Clients rely on David for legal guidance on a variety of white collar, securities, employment law, and commercial litigation matters.
Notable Experience and Client Impact
- Represent clients with high stakes cases involving novel legal issues
- Defended companies facing shareholder derivative suits and putative class actions
- Advised corporation under investigation by Securities and Exchange Commission
- Delivered oral argument at the highest court in Massachusetts (the Supreme Judicial Court)
- Key contributor to briefs for appellate cases, dispositive motions, and preliminary injunctions
- Helped employers avoid misclassifying workers and advised employers on compliance with the earned sick time law, child labor law, vacation pay, and overtime regulations
- Advised non-profit organization under investigation by the Massachusetts Attorney General’s Fair Labor Division
- Represented employer before the Massachusetts Commission Against Discrimination (“MCAD”)
- Helped executive secure substantial severance payment to which he was entitled under the Employee Retirement Income Security Act (“ERISA”)
- Advised community bank on compliance with the Massachusetts Pay Equity Act
- Helped employer enforce restrictive covenants against former employees to protect employer’s confidential information
- Regularly present on recent developments in Massachusetts and federal labor law
Committed to the firm’s proud legacy of pro bono representation, David represented a client facing eviction and pursued her case all the way to the Supreme Judicial Court. The client survived physical, emotional, and financial abuse inflicted by her estranged husband. As part of that abuse, the client’s husband prevented her from adding her name to the apartment lease. In a ruling that impacts domestic violence survivors throughout Massachusetts, the Supreme Judicial Court held that the client is entitled to raise an eviction defense under the federal Violence Against Women Act based on her abusive husband’s controlling behavior. See Beacon Residential Mgmt., LP v. R.P., 81 N.E.3d 714 (Mass. 2017).
David has also appeared in court representing clients in abuse prevention order matters, including at an evidentiary hearing where he conducted direct and cross examinations of witnesses. David participates in a “lawyer for the day” program at the Appeals Court, where he advises economically disadvantaged litigants on civil appellate issues.
David is a Tony Patiño Fellow—a lifelong fellowship which recognizes academic excellence, leadership potential, and good citizenship—an honor he received upon graduating from law school. Before law school, David worked on Massachusetts health care reform as a researcher for a legislative committee at the Massachusetts State House and as a policy analyst in an executive branch state agency.
News & Insights
- 05.07.2018 | Media Coverage
- 03.14.2018 | Media Coverage
- 01.08.2018 | Media Coverage
- 05.19.2017 | Article
- 12.09.2016 | Legal Advisory
- Nationwide Injunction Halts Overtime Rule Set to Take Effect on December 1, 2016 and Presents Challenges to Employers11.23.2016 | Legal Advisory
- BLS Blog, 09.10.2018
- Judge Salinger: Class Action Defendant Cannot Pick Off the Named Plaintiff by Tendering Full DamagesBLS Blog, 07.30.2018
- Equifax’s Motion to Dismiss Denied: Data Breach Complaint Alleges Sufficient Facts about Ownership or Licensing of Personal InformationBLS Blog, 06.25.2018
- BLS Blog, 03.20.2018
- Executive Comp Exchange, 06.23.2016
Mass. Lawyers Weekly Excellence in the Law, Up & Coming Lawyer Honoree, 2018
Education & Admissions
University of Chicago Law School, J.D.
Brandeis University, B.A., summa cum laude, Phi Beta Kappa
- U.S. District Court for the District of Massachusetts
In the Community
David participates in a “lawyer for the day” program at the Appeals Court, where he advises economically disadvantaged litigants on civil appellate issues.
David is a Tony Patiño Fellow—a lifelong fellowship which recognizes academic excellence, leadership potential, and good citizenship—an honor he received upon graduating from law school.
David was also a Mass. Lawyers Weekly Excellence in the Law, Up & Coming Lawyer Honoree in 2018.