David C. Kurtz

Massachusetts

Constangy, Brooks, Smith & Prophete, LLP
535 Boylston Street
Suite 902
Boston, MA 02116

Tel: 617.849.7885

Email: dkurtz@constangy.com
Web: www.constangy.com

David’s legal practice involves the representation of unionized and non-unionized employers ranging from Fortune 500 companies to high-tech startups in every imaginable labor and employment related scenario. In resolving disputes and providing advice, David always considers the unique culture and business of his clients, and seeks to find creative solutions to seemingly “impossible” situations.

David focuses his practice on resolving employment disputes through litigation, arbitration, and mediation. He also counsels clients regarding matters including hiring and firing decisions, severance agreements, employee handbooks, employee discipline, wage and hour laws, compliance, regulations, and case law. Recognizing the needs of both the past and present employer in such situations, he has developed extensive experience representing clients in connection with restrictive covenant matters involving confidentiality agreements, non-competes, non-solicitation agreements and the misappropriation of trade secrets.

David also has an active “traditional” labor law practice. He represents employers in all facets of the management-union relationship, including negotiations and collective bargaining, elections, arbitrations, and unfair labor practice charges.

David is head of the firm’s Boston office, a member of Constangy’s Executive Committee, co-chairs the Firm’s Litigation Department, and leads the Firm’s Technology & Entrepreneurial Ventures industry group and Transactional Solutions practice group.

Honors & Recognitions
  • Massachusetts Employment Dispute Resolution Attorney of the Year, Corp International Magazine (2014)
  • Massachusetts Super Lawyers® (2014-2021)
  • Rising Star, Massachusetts Super Lawyers® (2010-2013)
  • Best Lawyers in America® (2022)
  • Boston magazine Top Lawyers™ – Labor & Employment (2022)
David has represented clients with labor and employment issues throughout the United States and internationally, including matters in: Alabama, Arizona, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Belgium, Canada, Great Britain, Israel, Japan and Mexico.  The following are a few highlights:

  • David has represented multiple employers in defending against wage and hour class actions dealing with issues concerning tips, gratuities, service charges, overtime, employee classification, meal breaks and minimum wage. Developing an aggressive, targeted strategy from the onset of the case, David has successfully defeated class certification motions and has worked tirelessly to reach early, nominal settlements in an attempt to save the time, expense and risk of litigation.
  • David has first-chaired numerous disciplinary and contract interpretation labor grievance arbitrations on behalf of several of the country’s most renowned telecommunications and hospitality employers.
  • Amongst dozens of employment discrimination, harassment and retaliation matters litigated or negotiated to successful conclusions, David  led the defense of a Fortune 100 company in one of the most document intensive sexual harassment cases the client had ever witnessed, negotiating a nominal settlement on the eve of trial.
  • David has quarterbacked more than 20 restrictive covenant and trade secret disputes, usually achieving early settlement, but, where necessary, litigating as long as necessary to achieve the desired outcome.
  • David has advised numerous clients regarding labor and employment issues arising in transactional matters, such as mergers, acquisitions and sales of businesses/business units, having developed a particular expertise in connection with health care transactions.
  • Massachusetts, 1998
  • New York, 2001
  • California, 2020
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Wisconsin

Boston College Law School

  • J.D., cum laude, 1998
  • Editor, Boston College Law Review 

University of Virginia

  • B.A., 1995

At Constangy, Brooks, Smith & Prophete, workplace law is all we do – but we’re not your typical national law firm. Our clients tell us there is “a soul to Constangy that is unique and refreshing, that’s not found with other firms.” For more than 75 years, our clients have appreciated our common-sense approach and our commitment to being a real partner in helping employers navigate the prickly legal and regulatory environments of the changing workplace.

Today we have over 200 attorneys across 21 states, offering services ranging from the defense of single and multi-plaintiff employment discrimination, harassment and retaliation claims to complex wage and hour litigation, workplace safety, and affirmative action compliance issues, as well as OSHA, to workers’ compensation, ERISA and employee benefits, immigration, and labor relations.

Constangy represents a wide range of Fortune 500 corporations, small companies, government agencies and nonprofit organizations across the country. Our attorneys are consistently rated among the best by sources including Chambers USA, Martindale-Hubbell, and Best Lawyers in America, and we are ranked as a Tier 1 firm by the U.S. News & World Report/Best Law Firms survey.