← Back to Services

Litigation                        

In today’s litigious society, business owners/employers need to align themselves with experienced, practical and tough attorneys, who will develop strategies to achieve the best possible result in the most expeditious and practical manner. Employers need attorneys who know their way around the courtroom and an administrative hearing, but they also can benefit from lawyers who are skilled negotiators. You will find both at Foley & Foley, P.C.

OUR EXPERIENCE

We represent businesses/employers large and small, in a wide variety of industry sectors in state and federal administrative and judicial proceedings. We defend cases directly for businesses, but also for the many insurance companies who retain us to represent their insureds. The attorneys in our Litigation Practice Group have a wealth of experience handling the defense of a wide range of claims and cases, including but not limited to:

  • Wrongful Termination;
  • Sexual harassment;
  • Discrimination;
  • Claims involving OSHA and Workplace Safety;
  • Claims involving the Americans with Disability Act;
  • Claims involving the Family Medical Leave Act;
  • Claims involving Paid Family Medical Leave and Sick Leave;
  • Claims of Retaliation;
  • Whistleblower claims;
  • Wage and Hour claims;
  • Class Actions;
  • Misclassification of workers under the FLSA;, and state; and federal independent contractor laws;
  • Contract cases;
  • Union Grievance Arbitrations;
  • Claims of Breach of fiduciary duty;
  • Unfair Trade Practices;
  • Insurance coverage disputes; and
  • Property Damage claims

 

OUR APPROACH

At Foley & Foley, we also recognize that no two clients and no two cases are exactly the same. We avoid the “one size fits all” approach when defending or prosecuting cases. We tailor our litigation services and support to our client’s specific needs, objectives, and budget, adjusting when needed. When taking on any new litigation matter, we formulate a practical and result-driven litigation plan that takes into account the client’s goals, objectives, liability and exposure, and, of course, budget.

We understand that avoidance of costly and time-consuming litigation is often the best solution for our clients. The congested dockets at our local courts often yield unnecessary delays and increased litigation costs. The attorneys at Foley & Foley appreciate our client’s concerns about litigation expense and delay: We always endeavor to find the most expedient and cost-effective means to litigate claims and disputes. Toward that end, we take into account litigation expenses when advising our clients whether and to what degree to defend or prosecute claims. When appropriate and/or requested by our clients, our attorneys strive to promptly and efficiently resolve our client’s cases through early negotiation, pre-discovery dispositive motions, arbitration, and/or mediation.

Of course, we recognize that not every dispute and case can nor should be resolved short of litigation, arbitration or trial. Our attorneys take into account that a sometimes a trial can be in the client’s best interests, and we pride ourselves on always being prepared to try the case to a verdict if needed. In short, the attorneys in Foley & Foley’s Litigation Practice Group foster and enjoy reputations as “trial attorneys” who zealously defend their clients’ interests.

OUR TEAM

Attorney Mike Foley has advocated for a broad spectrum of employers in all matters of labor and employment law for over three decades. Over the years, Mike has led clients to their desired outcomes in hundreds of arbitrations and litigation matters. His knowledgeable, practical and business- focused approach to litigation affords our clients the highest level of guidance and advocacy. Mike applies his deep experience from the bargaining table to presenting disputed cases to litigation strategy, development, tactics and settlement negotiations. With his leadership, our team will solve any complex problem and achieve a favorable result for our clients.

Attorney Tim Kenneally has represented businesses since 1994 in all manner of civil litigation. Tim has successfully resolved hundreds of claims in the state and federal courts, before federal and state administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Massachusetts Commission Against Discrimination (MCAD), the Occupational Safety and Health Administration (OSHA) and with Attorneys General. Possessing a calm, cool and collected demeanor, even under pressure, Tim is able to connect with his audience, whether it be judge, jury, arbitrator, mediator, or investigator, to convince them of the correctness of his client’s position. Tim has won many of his cases through motions to dismiss, motions for summary judgment and persuasive position statements and briefs. With decades of experience as a negotiator and litigator, Tim achieves a favorable settlement for clients.

Attorney Julayne Lazar credits her first position as a lawyer at the Massachusetts Commission Against Discrimination with further fueling her passion for employment discrimination litigation defense. Julayne has represented public and private entities for two decades before a variety of administrative agencies and courts. She has broad experience defending employers and managing complex litigation. Julayne brings her passion for helping clients reach their goals to every case.

Attorney Wendy Hansen has both HR and litigation experience–she understands the pressures businesses are under. Prior to joining our firm, Wendy worked at an insurance defense litigation firm where she reviewed and analyzed employment law agency charges, threatened litigation, and actual litigation. Wendy worked with employers under their employment practice liability insurance on a variety of claims, including harassment, discrimination, retaliation and wrongful termination.

Attorney Jill Diamond has represented employers in all aspects of litigation for more than a decade. She has appeared in courts throughout the San Francisco Bay area and advocated before administrative bodies including the EEOC and the CA Labor Commission. Jill’s dedication to her clients is unsurpassed and is reflected in the numerous favorable decisions and settlements she has achieved for them. Jill is a highly skilled writer, researcher and advocate. She regularly uses these valuable skills to craft successful briefs, position statements and motions.

CONCLUSION

Whether a business is facing a claim or a lawsuit from an employee, the government or another business, our litigation attorneys possess the experience, knowledge and skills necessary to achieve our client’s desired result. We know that business owners want to focus on managing and growing their business. We understand that litigation can be a costly and time-consuming distraction. We want to put our vast expertise to work for your business, so you can minimize your business interruption and financial losses.