Alex Klibaner's practice focuses on business litigation and employment law, representing large corporations, small businesses, individual managers, and employees. He has experience in matters involving breach of contract, tort defense, race, gender and disability discrimination, retaliation, sexual harassment, wrongful termination, non-competition agreements, wage and hour issues, trade secrets theft, intentional and negligent misrepresentations, unfair and deceptive business practices, breach of fiduciary duties, securities fraud, and other related claims in both federal and state courts. Alex also has extensive experience in alternative dispute resolution (ADR), having served as a mediator/arbitrator in more than 30 cases.

Alex enjoys resolving complex business and employment disputes aggressively and creatively.

Representative Matters:

Won a jury verdict against an insurance agent for negligence and negligent misrepresentation.

Successfully defeated on summary judgment claims based on race, national origin, age, and disability discrimination.

Successfully defeated on summary judgment claims for nonpayment of overtime wages and pay discrimination.

Defended a town in construction litigation against accusations of nonpayment for construction costs and services.

Negotiated a quick and efficient settlement on behalf of a former employee and her new company accused of misappropriation of trade secrets and breaching a duty of loyalty.

Helped obtain a preliminary injunction against an employee who competed with his employer and then defended the injunction from multiple attacks until the injunction expired.

Represented CEOs, high-level executives, physicians, salespeople, and others in reviewing employment contracts, negotiating compensation and severance agreements, and in resolving termination-related claims.

Drafted employee handbooks and employment policies.

Counseled management on tricky reasonable accommodation questions and the termination of problematic employees.

Acted as local counsel in employment and business litigation in federal and state courts.

Appellate Cases:

Watson v. Baker, 444 Mass. 487 (June 20, 2005) (with Peter E. Ball) (upholding the constitutionality of an 1876 statute that governed the interpretation of certain trusts and wills)

Allen v. County of Santa Clara, 94 Fed.Appx. 522, 2004 WL 614810 (9th Cir. 2004) (with Martin H. Dodd) (unpublished) (affirming summary judgment in employer's favor on Title VII, California's Fair Employment and Housing Act (FEHA), and Fair Labor Standards Act (FLSA) claims)

Articles include:

"Will Independent Contractors Become Extinct In Mass.?" Massachusetts Lawyers Weekly, 35 MLW 415 (October 9, 2006)

"Scoring Points Through The Interactive Process," Massachusetts Lawyers Weekly, 33 MLW 2393 (June 27, 2005)

"LLP Liability Issues," Business Litigation Conference, MCLE (Jan. 20, 2005) (with Kurt S. Kusiak)

"What You Don't Know About Your Employees Can Hurt You: Managing Invisible Disabilities in the Workplace," 26 San Francisco Attorney 35 (February/March 2000) (with Robert Spagat)

Programs include:

Litigating and Winning Employment Discrimination Cases, Co-Chair, Boston Bar Association CLE (March 2008)

Taking Advantage of Pre-Litigation Opportunities: Drafting and Responding to Demand Letters, Moderator, Boston Bar Association (March 2007)

Mediation workshops, Lawyer's Club of San Francisco, Co-Chair ADR Committee

Education:

Alex graduated cum laude in 1998 from Harvard Law School, where he was an editor of the Harvard Journal on Legislation. Alex received his bachelor's degree from Brown University. During his junior year in college, Alex studied philosophy and politics at Pembroke College, Oxford.

Professional:

Alex is admitted to practice in all Massachusetts and California state courts, as well as the U.S. District Courts for the District of Massachusetts and the Northern District of California and the U.S. Court of Appeals for the First and Ninth Circuits.

Alex is an active member of the Boston Bar Association, where he serves on the Steering Committee of the Labor and Employment Section. Alex is a former member of the Board of Governors of the Lawyers' Club of San Francisco. He mediates for the Boston Municipal Court, and regularly judges in the Ames Moot Court Program at Harvard Law School. Boston magazine and Massachusetts Super Lawyers Rising Star Edition recognized Alex as a Massachusetts Rising Star in 2005, 2006, and 2007, an honor awarded to only 2.5% of the lawyers in Massachusetts.

Real Estate and Land Use Litigation
Business Litigation
Construction Litigation
Employment Litigation