Media Mentions
2010
Jeffrey Webb spoke to the Boston Business Journal on July 30 about the surprising lack of lawsuits against employers by employees who were terminated during the recession. “I would have anticipated an increase in litigation, but there was no spike,” Mr. Webb stated. “Most of the companies engaged in downsizing had worked closely with in-house lawyers and outside counsel to put severance plans in place.” He added that many companies are opting to settle with employees, estimating that only about five percent of employee lawsuits are actually going to trial.
, Trial
Jeffrey Webb was profiled in CityBizList Boston (June 8) for his election as a Fellow of The College of Labor and Employment Lawyers. The honor is by peer nomination and selection only and recognizes sustained, outstanding performance in the field of labor and employment law. Installation of new Fellows will take place November 6 in Chicago. Mr. Webb has a wide-ranging practice representing financial services, health care, technology and other employers in litigation, arbitrations, labor negotiations and a variety of other workplace concerns.
2009
Jeffrey Webb was quoted by Law360 on April 1 regarding a U.S. Supreme Court decision in 14 Penn Plaza LLC v. Pyett that held that collective bargaining agreements that require union members to arbitrate Age Discrimination in Employment Act (ADEA) claims are enforceable. Mr. Webb believes that the decision is a victory for those who believe that arbitration is preferable to the courts for resolving disputes. He also said, "Before this decision, companies were often subjected to double jeopardy – first they would have to defend against a discrimination claim in a arbitration with a union, and then they could be subjected to the very same claim again in a discrimination case in court, even if they had prevailed in an arbitration."
, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted on January 20 by Law360 in an article regarding the rise in Americans with Disabilities Act (ADA) cases filed in the U.S. courts over the past several years. Some lawyers attribute the increase to anticipation of the ADA Amendments Act, legislation that will overturn several Supreme Court rulings that narrowed the class of people considered disabled by the law. "Even if the changes weren't more pro-employee, the fact that they are including new language in the statute encourages lawyers to litigate and get the court to interpret the new language," said Mr. Webb.
, HR & Employment Litigation, Trial
2008
Jeffrey F. Webb was quoted in the September 1 issue of CFO Magazine in an article regarding revisions to the Americans with Disabilities Act that could be potentially costly for companies. The Senate is currently considering a bill that would broaden the definition of "disability" to include epilepsy and diabetes and that would give qualifying employees more grounds to request special accommodations and to initiate discrimination suits. "More employees would have a claim, [and] the difference is that they would be far more likely to win," said Mr. Webb.
, HR & Employment Litigation, Trial
Jeffrey F. Webb was quoted in the June 27 issue of Employment Law360 in an article regarding the U.S. Supreme Court's rulings in employment cases during its latest term. Mr. Webb noted that the ruling in Kentucky Retirement System v. EEOC, in which the court held that a retirement plan that uses age as a factor in determining benefits does not necessarily violate the ADEA, was a surprise because three of the court's more liberal justices joined two of the court's more conservative justices in the majority. "That case is an exception. I tried to make some sense of the way the justices split in the case and can't find anything to explain it," he said. Mr. Webb also noted that the court's recent pro-employee decisions are likely not reactions to criticism the court received for its pro-employer decisions issued during the previous term. "I don't think justices are so easily swayed by the reactions to their decisions."
, Appellate, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted on June 12 in Massachusetts Lawyers Weekly. Mr. Webb noted that many companies agree to settle due to the high costs of reaching the class-certification stage. "Anybody who's been down this road before knows how much money it costs just to get to the class-certification stage....so you can understand why companies agree to settle. It definitely has happened that clients who have faced significant class-action litigation have had to declare bankruptcy even long before the point the determination is made of whether they did something wrong," he said. He added that with plaintiffs' lawyers in Massachusetts taking advantage of the Wage and Hour Act, the situation is not expected to improve for corporate clients. "It is a very significant concern because most of these class-action settlements become public where people see the results..." he said.
Jeffrey F. Webb was quoted in the May 16 issue of The Boston Globe in an article regarding a California Supreme Court ruling that struck down the state's ban on same-sex marriage. Mr. Webb, a partner in McDermott's Boston office, noted that the ruling could reduce Massachusetts' appeal for gay professionals as it will no longer be the only state that allows gay marriage. "There may be some people who will stay put in California or will choose to go to California, because their families are going to have the same kind of protections we have here in Massachusetts," he said.
, Trial
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 3 issue of the Boston Business Journal regarding the movement of same-sex couples to Massachusetts where laws recognize same-sex marriages and offer same-sex couples legal rights and spousal health benefits. Mr. Webb relocated to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. Regarding their 2004 marriage, Mr. Webb said, "That was something that was really important to us."
, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the February 25 issue of Massachusetts Lawyers Weekly regarding his relocation to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. A lawyer in California since 1990, Mr. Webb noted that California has a "separate and equal approach to gay relationships; they call it domestic partnerships." Regarding his relocation, Mr. Webb noted that, "For us, it was not a specific legal benefit that we were looking for, it was more the fact of knowing that our family would be treated under the law the exact same way as other families and that we're just another family." As a new partner in McDermott's Boston office, Mr.Webb noted that, "I really wanted to practice at a level I was used to," and that McDermott has, "a similar international presence, the kind of client base, the firm management I found most similar to what I was used to and what I liked."
, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
