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David S. 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 sole 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 sole 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. 

  • Pilgrim Bank

    Nutter represented Pilgrim Bank, a member of the Hometown Financial Group, MHC, in its acquisition of Abington Bank. The bank will be headquartered in Abington, Massachusetts and will operate as an independent subsidiary of Hometown Financial Group.

  • 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

    Nutter 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

News & Insights

News

Honors

Honors

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

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
  • Chambers and Partners, Leading Labor & Employment Attorney, 2018-2019
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system
  • The Best Lawyers in America, 2019-2020
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