Attorney Belfort is a founding member of Bennett & Belfort, P.C. Mr. Belfort has been licensed to practice law in the Commonwealth of Massachusetts since 1996 with privileges in both state and federal court. Mr. Belfort is also licensed in the District of Columbia.

Mr. Belfort is rated A.V. ® and ‘preeminent’ in his field by his peers, the highest available ranking afforded by Martindale Hubbell. Mr. Belfort was named a Massachusetts ‘Super-Lawyer’ in 2006, 2007, 2008 and 2009 as he attained high peer recognition, met ethical standards, and demonstrated achievement in the field of employment litigation.

In October, 2009 the Massachusetts Supreme Judicial Court, in a unanimous decision, Haddad v. Wal-Mart Stores, Inc. 455 Mass 91 (2009) affirmed a $2,000,000 verdict secured by Mr. Belfort and his co-counsel, Richard Fradette, in Massachusetts’ largest gender discrimination jury verdict of 2007. This important, precedent-setting case clarifies the standard for punitive and front pay damages in the Commonwealth.

Education

Attorney Belfort obtained his B.A., with honors, from Hobart College in 1992 with a concentration in Political Science and Economics. After a short stint with the New York State Department of Health, he obtained his Juris Doctorate from Pierce Law , with an emphasis in business, health care, and trial practice. In 1996, he began work as an associate in the litigation department of the Law Offices of Frank N. Dardeno and was made partner in January, 2001.

Practice

Mr. Belfort focuses on civil litigation, concentrating on employment and business matters. He currently represents a number of individual and institutional clients before both judicial and administrative tribunals, including the Massachusetts Commission Against Discrimination , The Equal Employment Opportunity Commission, and the Department of Workforce Development .

Mr. Belfort handles matters in the areas of employment discrimination (race, color, religious creed, national origin, ancestry, sex, age, handicap/disability, mental illness, retaliation, sexual harassment, sexual orientation, and genetics), restrictive covenants (non-competition, non-solicitation, confidentiality, trade secrets), wages (non-payment, minimum wage, etc.), Family Medical Leave, whistleblower/retaliation claims, unemployment, shareholder-employee disputes, contract actions, commercial disputes and other related matters.

Seminars / Publications / Media

Mr. Belfort is a frequent speaker and author on recent developments in employment law and he has been quoted in various general circulation articles and law journals, including:

“Officer files discrimination Charges – A female detective is charging the police chief with discrimination after he removed her from the detectives division.” By Anita Perkins Haverhill Eagle Tribune October 1, 2001, Vol 282, No. 79

Mr. Belfort co-chaired, moderated and conducted a number of mock evidentiary arguments before Judges Gants, Cratsley and Fabricant in an evidence demonstration and seminar at the Massachusetts Bar Association in September, 2005.

Mr. Belfort presented at a Massachusetts Continuing Legal Education (MCLE) seminar entitled “The Bermuda Triangle: The FLMA, ADA and Worker’s Comp Statute” relative to “Reasonable accommodations in handicap discrimination.”

Program Chair and Moderator for Massachusetts Bar Association Luncheon Roundtable on “Fiduciary Duty Of The Employee/Shareholder In A Closely Held Corporation” May 18, 2006

“The Employee-Shareholder: At the Frontier of Employment and Business Law” Vol. 9 No. 2 2007 Section Review – Massachusetts Bar Association at page 27. Authored By David E. Belfort and Michael Mason.

Co Chaired April 25, 2007 Massachusetts Bar Association legal education seminar “Effectively Proving Emotional Distress Damages In Employment Discrimination Cases: In Court Before the MCAD at Arbitration and in Mediation”

Massachusetts Continuing Legal Education (MCLE) Annual Employment Law Conference, Dec. 7, 2007. Mr. Belfort presented on “Expert Witnesses and Damages in Employment Discrimination Claims”

In February, 2008 Mr. Belfort co-presented a lecture at the Massachusetts Bar Association General Practice, Solo and Small Firm Annual Conference on Reductions in Force (RIF) and termination agreements. Mr. Belfort’s presentation related to employment claims associated with a RIF including termination agreements and how to best deal with separation agreement terms that relate to compensation, continuation of benefits, releases, confidentiality, disparagement , references, restrictive covenants (non-compete/non-solicitation) and the OWBPA Provisions (ADEA).

“Employee Discharge and Documentation in Massachusetts” Lorman Education Services, January 8, 2009. Mr. Belfort presented a seminar relating to “Common Management and Human Resources Mistakes.”

“A Legal Analysis: How Two Pierce Alumni Won Their Case Against The Nation’s Largest Retailer” by Sharon Callahan, Pierce Law, Winter 2008, Vol 12, No. 1 Page 14.

At the Massachusetts Bar Association “Latest In the Law” conference held on May 14, 2009 Mr. Belfort presented on the newly enacted modifications to the American’s with Disability’s Act, the ADA Amendments Act of 2008 (ADAAA) on May 14, 2009.

Mr. Belfort, then co-chair of the Massachusetts Bar Association Labor and Employment Law Section, gave the opening remarks for the 30th Annual Labor and Employment Law Spring Conference, June 2, 2009.

“’Unusual’ HR expert key to $2M Wal-Mart verdict” By Noah Schaffer, Massachusetts Lawyers Weekly, June 25, 2009 35 MLW 2323

“Through Corrective Lenses: Congress’ Attempt to Re-Focus the Americans with Disabilities Act of 1990” Vol. 11 No. 2 2009 Section Review – Massachusetts Bar Association at page 22 By David E. Belfort and Linda Huynh.

“Local Woman Beats Wal-Mart” by Conor Berry, The Berkshire Eagle, October 6, 2009.

“Massachusetts Court Upholds $2 Million Jury Award to Fired Wal-Mart Pharmacist” By Janet Cecelia Walthall, Daily Labor Report October 8, 2009 Vol. 2009 No. 193

“SJC: Punitive damages only for egregious acts – Court announces new standard for bias cases” By Julia Reischel, Massachusetts Lawyers Weekly, October 12, 2009 V. 38 Issue 8.

MBA Legal Education Seminar, presenter: “Employment Law for Lawyers” Wednesday, December 08, 2010 at the Massachusetts Bar Association, lecture co-presenter.

“Drafter Beware - Employment Handbooks as Binding Contracts “ Article ran in Massachusetts Bar Association materials for seminar entitled: “Employment Law for Lawyers,” Wednesday, December 08, 2010.

“Ten Key Separation Agreement Issues” checklist ran in Massachusetts Bar Association materials for seminar entitled: “Employment Law for Lawyers,” Wednesday, December 08, 2010.

New England School of Law, Guest Lecturer, "Disability Discrimination and Reasonable Accommodations", February 3, 2010.

New Hampshire Association for Justice Seminar, presenter "Big Verdicts in New England Employment Cases", October 15, 2010.

New England Lawyers Association Regional Employment Conference, Panel Chair on Proving Emotional Distress and Punitive Damages, May 13, 2011.

Quoted in Massachusetts Lawyer’s Weekly article: "Final ADA Regulations Reinforce Broad View of 'Disability'" by Phillip Bantz and Correy Stephenson. Vol 39, Issue 37 May 2, 2011.

Professional Associations

Mr. Belfort is an active member of the Massachusetts Bar Association and is currently serving his second year on the MBA Civil Litigation section council as co-chair of the publications and website subcommittees. Mr. Belfort was previously the co-chair of the Labor and Employment Section Council from 2007 through 2009. In his capacity as MBA co-chair, he served on the Massachusetts Commission Against Discrimination (MCAD) committee to propose reforms to the Massachusetts Maternity Leave Act (MMLA) in light of the Goodrich same sex marriage decision. Mr. Belfort previously served the Bar Association as the vice-chair of the Employment Section Council, chair of the Employment Section’s continuing legal education sub-committee, co-chair of the Annual MBA Employment Conference Committee and MBA Employment Council liaison to the Massachusetts Attorney General’s office.

Mr. Belfort was recently elected Massachusetts Employment Lawyers Association Vice President for the 2011-12 term. Further, Mr. Belfort was invited to become a member of the Massachusetts Commission Against Discrimination Committee to Propose Draft Disability Regulations.

Mr. Belfort is also a volunteer member of Health Law Advocates, a pro bono advocacy organization aimed at improving access to health care for under-served populations. Mr. Belfort has handled a number of pro bono cases for clients through HLA, including securing waivers for large medical debts and assisting clients to qualify for state health insurance benefits.

Mr. Belfort resides in Newton, Massachusetts with his Wife, Mandy, a Neonatologist at Children’s Hospital Boston and his two energetic children, Zachary and Nadia.

Tel: (617) 577-8800 x202
Email: dbelfort@bennettandbelfort.com

                                                                                                      

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