Herbert L. Holtz
Herb Holtz maintains a civil litigation practice, with a specialty in employment law. His practice regularly includes matters of employment discrimination, hire/fire, company layoffs, leaves of absence (including extensive FMLA work), executive agreements, and wage and hour law. Mr. Holtz is a management defense attorney; he further maintains a specialty practice counseling and advising chief executive officers. Mr. Holtz’s practice also focuses on extensive intellectual property representation (including non-compete litigation and IP licensing).
Mr. Holtz and his team try cases. His trial work extends to both state and federal courts, as well as state and federal appellate courts and civil rights agencies (including the EEOC and MCAD). Mr. Holtz’s management clients are well-known Boston area and national institutions (public and private), including leading teaching hospitals and health care providers; e-marketing companies; state transportation systems; municipalities; construction companies; prominent automotive dealers; insurance companies; auction houses; and many mid-size and smaller private companies. Mr. Holtz’s clients include TV personalities; and he represents a two-time Rock and Roll Hall of Fame artist.
Mr. Holtz has led several break-through cases decided in the areas of discrimination and non-competition litigation, including as lead counsel in Simmons v. Joule (stripping the MCAD of jurisdiction with the S.J.C. declaring that arbitration clauses in employment agreements are enforceable); Shervin v. Partners HealthCare System, Inc. et al. (successfully defending Partners and MGH to a defense verdict following a six week jury trial in the U.S. District Court for Massachusetts); Green v. Harvard Vanguard (obtaining a defense verdict following a jury trial in the Massachusetts Superior Court); Oxford Global Resources v. Seek – a multi-party, seven-year non-compete case in which Mr. Holtz won multiple injunctions for Oxford and a $1 million settlement for his staffing client; and Boch Toyota v. Klimoski (successfully enforcing for his client a non-competition covenant against a former employee whose tenure extended eight days before returning to her former employer). Working with J. Owen Todd, and with his partner, Thomas A. Reed, Mr. Holtz successfully represented Staples, Inc. in the leading non-competition and non-solicitation decision issued by the Business Litigation Session of the Superior Court of Massachusetts, W.B. Mason, et al. v. Staples, Inc., et al. As a young lawyer, Holtz successfully tried the precedent-setting case Cariglia v. Hertz Equipment Rental Corp., 363 F.3d 77 (1st Cir. 2004); and the landmark posthumous sexual harassment case, Estate of Susan Taraskiewicz v. Northwest Airlines.
Mr. Holtz is a graduate of Connecticut College (B.A. 1983) and Boston College Law School (J.D. 1989). He is admitted to practice in Massachusetts (1989) and the District of Columbia (1990), and before the United States Court of Appeals for the First Circuit and the United States District Court for the District of Massachusetts.
Honors: Mr. Holtz was recognized by Massachusetts Lawyers Weekly as a “2014 Lawyer of the Year.” He has been selected repeatedly by his peers as both a New England Super Lawyer and a Massachusetts Super Lawyer. The listing appears annually in the November issue of Boston Magazine and in New England Super Lawyers.