People: Kristin G. McGurn, Partner

Photo of Kristin G. McGurn, Partner

Kristin G. McGurn

Partner

Boston
Direct: (617) 946-4858
Fax: (617) 946-4801
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Ms. McGurn is a partner in Seyfarth Shaw LLP’s Boston office and a vice-chair of the firm’s interdisciplinary Health Law Group. She practices in the area of labor and employment litigation and counseling, specializing in wage and hour compliance and class actions.  Ms. McGurn is an experienced litigator, whose expertise spans federal employment law and analogous state common law and statutory claims, including Title VII, ADEA, FMLA, ADA, FLSA, civil and equal rights, fair employment practices and wage payment claims.  Ms. McGurn counsels and defends scores of employers in many business sectors, with an emphasis on issues affecting the health care, pharmaceutical retail, and hospitality industries.  

Ms. McGurn assists private and public businesses to negotiate and draft employment policies, contracts and covenants, as well as separation and severance agreements.  She prosecutes and defends a wide variety of business and employment-related disputes including agency enforcement actions and discrimination, harassment and retaliation, breach of contract, breach of fiduciary duty, non-competition, non-solicitation unfair competition, and whistle-blower claims.  Her experience also includes defending ERISA claims in court and before the United States Department of Labor.

Ms. McGurn has significant expertise in developing and implementing employment-related training programs.  She assists employers to conduct reductions in force and on-boarding, performs confidential investigations, and implements compliance assessments in areas such as leave management, worker classification and pay practices, and independent contractor, trainee and volunteer status.

Ms. McGurn has tried cases to verdict and has briefed and argued appeals in federal and state court.  She regularly defends employers at the Massachusetts Commission Against Discrimination and EEOC.  Ms. McGurn’s expertise covers all stages of litigation including case management, motion practice, electronic, expert and other discovery.  She has noteworthy ADR experience including in mediations, arbitration and conciliations.

Ms. McGurn co-leads the firm's Health Law Group and is a member of the firm’s Health Care Reform, Retail and Whistleblower Teams.

Ms. McGurn frequently counsels and writes for trade and industry-specific publications, and  regularly presents for clients and industry groups on employment-related issues.  

Ms. McGurn chairs the Lawyer Development Committee of Seyfarth’s Boston Office, and serves on Seyfarth’s Women’s Network’s (SWN) National Leadership Team for the firm’s women attorneys’ affinity group.  She is the firm’s national co-chair of the SWN’s Alternative Work Arrangement Subcommittee, which is dedicated to attracting and retaining talented female attorneys.

Ms. McGurn is a member of the New England Councils’ Healthcare Sub-Committee and of the American Health Lawyers Association.

Ms. McGurn is a partner in Seyfarth Shaw LLP’s Boston office and a vice-chair of the firm’s interdisciplinary Health Law Group. She practices in the area of labor and employment litigation and counseling, specializing in wage and hour compliance and class actions.  Ms. McGurn is an experienced litigator, whose expertise spans federal employment law and analogous state common law and statutory claims, including Title VII, ADEA, FMLA, ADA, FLSA, civil and equal rights, fair employment practices and wage payment claims.  Ms. McGurn counsels and defends scores of employers in many business sectors, with an emphasis on issues affecting the health care, pharmaceutical retail, and hospitality industries.  

Ms. McGurn assists private and public businesses to negotiate and draft employment policies, contracts and covenants, as well as separation and severance agreements.  She prosecutes and defends a wide variety of business and employment-related disputes including agency enforcement actions and discrimination, harassment and retaliation, breach of contract, breach of fiduciary duty, non-competition, non-solicitation unfair competition, and whistle-blower claims.  Her experience also includes defending ERISA claims in court and before the United States Department of Labor.

Ms. McGurn has significant expertise in developing and implementing employment-related training programs.  She assists employers to conduct reductions in force and on-boarding, performs confidential investigations, and implements compliance assessments in areas such as leave management, worker classification and pay practices, and independent contractor, trainee and volunteer status.

Ms. McGurn has tried cases to verdict and has briefed and argued appeals in federal and state court.  She regularly defends employers at the Massachusetts Commission Against Discrimination and EEOC.  Ms. McGurn’s expertise covers all stages of litigation including case management, motion practice, electronic, expert and other discovery.  She has noteworthy ADR experience including in mediations, arbitration and conciliations.

Ms. McGurn co-leads the firm's Health Law Group and is a member of the firm’s Health Care Reform, Retail and Whistleblower Teams.

Ms. McGurn frequently counsels and writes for trade and industry-specific publications, and  regularly presents for clients and industry groups on employment-related issues.  

Ms. McGurn chairs the Lawyer Development Committee of Seyfarth’s Boston Office, and serves on Seyfarth’s Women’s Network’s (SWN) National Leadership Team for the firm’s women attorneys’ affinity group.  She is the firm’s national co-chair of the SWN’s Alternative Work Arrangement Subcommittee, which is dedicated to attracting and retaining talented female attorneys.

Ms. McGurn is a member of the New England Councils’ Healthcare Sub-Committee and of the American Health Lawyers Association.

Education

  • J.D., Northeastern University School of Law
  • B.S., University of Connecticut, magna cum laude
    Honors Program
    Phi Beta Kappa

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals for the District of Massachusetts
  • U.S. District Court for the District of Massachusetts

Affiliations

  • The New England Council, Healthcare Committee Member
  • Boston Bar Association
  • Massachusetts Bar Association
  • American Health Lawyers Association

Representative Engagements

Reported Decisions

  • Martinez v. DHL Exprses (USA) Inc., 2016 u.s. Dist. LEXIS 14304 (S. D. Fla. Feb. 5, 2016
  • Bouchard v. G.E. Co., 2015 U.S. Dist. LEXIS 154954 (D. Maine Nov. 17, 2015)
  • Delaney v. Mass. Bay Transp. Auth., 24 F. Supp. 3d 121 (June 4, 2014)
  • Premo v. Family Dollar Stores of Mass., Inc., 2014 U.S. Dist. LEXIS 42069 (Mar. 26, 2014)
  • Benson v. Otis Elevator Co., 557 Fed. Appx. 74 (Feb. 21, 2014)
  • Weiss v. DHL Express, Inc. 718 F.3d 39 (June 3, 2013)
  • Lampron v. Group Life Ins. & Disability Plan of United Techs. Corp., 2013 U.S. Dist. LEXIS 71690 (May 21, 2013)
  • Manning v. Boston Medical Center, 2011 U.S. Dist. LEXIS 19197 (D. Mass., February 28, 2011); 2012 WL 1355673 (D. Mass., April 18, 2012)
  • Sampson v. Medisys, 2011 WL 579155 (E.D.N.Y. February 8, 2011); 2012 WL 3027838 (E.D.N.Y. July 24, 2012)
  • Bartoli v. Foster Wheeler, 2008 WL 5101187 (N.J. Super. December 5, 2008)
  • Warlop v. Lernout, et al., 473 F. Supp. 2d 260 (D. Mass. 2007)
  • Baena v. KPMG, LLP, 389 F. Supp. 2d 112 (D. Mass. 2005), aff’d, 453 F. 3d 1 (1st Cir. 2006)
  • Nisselson v. Lernout, 2004 WL 1630492 (D. Mass. 2004), aff’d, 469 F.3d 143 (1st Cir. 2006)
  • Lopez v. Target, 2005 WL 1812466, 19 Mass. L. Rptr. 477 (Mass. Super. 2005)
  • Bamberg v. Lernout, 225 F.R.D. 64 (D. Mass. 2004)
  • Fire Chief of East Bridgewater v. Plymouth County Retirement Board, 47 Mass. App. Ct. 66 (1999)
  • Cristo v. Trustees of Boston University, 42 Mass. App. Ct. 115 (1997)
  • Leal v. Contributory Retirement Appeal Board, 42 Mass. App. Ct. 330 (1997)
  • Town of Swansea v. Contributory Retirement Appeal Board, 43 Mass. App. Ct. 402 (1997)
  • Compagnie de Reassurance D’Ile de France v. New England Reinsurance Corporation, 825 F. Supp. 310, aff’d in part, 57 F. 3d 56 (1st Cir. 1995)
  • Rey v. Lafferty, 990 F. 2d 1379 (1st Cir. 1993)

Other Representative Engagements

  • Defense of national restaurant group against putative class allegations of improper tip sharing and minimum wage violations.
  • Defense of national retailer against putative class allegations concerning store manager misclassification as overtime exempt.
  • Defense of psychiatric institute against putative class action relating to payment of independent contractors.
  • Defense of dozens of health care systems, hospitals and long-term and short-term care facilities in meal break and overtime litigations.
  • Regional counsel to global companies, overseeing Eastern Region of Single-Plaintiff Fixed Fee arrangement modeled on Six Sigma principles. 
  • Regional counsel to global shipping company for trial and appeal involving claim for bonus and severance.
  • Defense of federal age discrimination and breach of contract, promissory estoppel and interference claims on behalf of public technology company.
  • Defense of single-plaintiff and multi-plaintiff discrimination, reverse discrimination, harassment and retaliation charges at Massachusetts Commission Against Discrimination, EEOC and in Massachusetts Superior and Federal Courts on behalf of national retailers, hoteliers and grocers; non-profits; federally-funded researchers; and health care providers.
  • NASD/FINRA arbitrations concerning broker employment claims including compensation and termination, as well as customer disputes.
  • Defense of FLSA class action and state law wage payment claims.
  • Defense of multi-million dollar breach of distribution agreement claims.
  • Defense of employee raiding and breach of restrictive covenant and fiduciary duty claims.
  • Defense of ADA, Title VIII and Massachusetts Gen. Laws c. 272 housing accommodation and discrimination claims.
  • Defense of ERISA claims arising from mutual fund crisis.
  • Contest of OSHA citations at the Department of Labor’s Review Commission.

Presentations

  • Co-Speaker, “Women in the Law Panel Discussion,” Law School Transparency Podcast (October 2016)
  • “Anatomy of a Healthy Workplace: Enhancing Employment-Related Compliance & Mitigating Workplace Risk,” Third Annual PPRC Talks: Mitigating Your Practice's Risk, Waltham, MA (September 21, 2016)
  • Co-Presenter, “Overview of Challenging Legal HR Issues,” Massachusetts Hospital Association’s 50th Annual Human Resources/Labor Forum, Burlington, MA (May 6, 2016)
  • Co-Presenter, “Recent NLRB Actions Affect Your Hospital Whether or Not You Have a Union,” Massachusetts Hospital Association, Seyfarth Shaw Presentation (August 2012)
  • Co-Presenter, “Handbook Best Practices,” Seyfarth Shaw Presentation for the Massachusetts Hospital Association (November 2012)
  • “Overview of Title III ADA Compliance for Health Care” (May 2012)
  • Co-Presenter, “The New CORI Regulations” (June 2012)
  •  “Compensation and Compliance Update,” New England Teaching Hospital 12th Annual Conference, Seyfarth Shaw Presentation (May 2011)
  • “Overview of ADA and Legal Issues,” Massachusetts Hospital Association 45th Annual HR/Labor Forum, Seyfarth Shaw Presentation (May 2011)
  • “Wage and Hour Class Actions Against Health Care Employers - - Key Issues and Trends,” Illinois Association of Health care Attorneys, Quarterly Lecture (June 2010)
  • “An Employer’s Guide to Health Care Reform for the Newspaper Industry,” Inland Press Association (June 2010)
  • “SPI: The Plastics Industry Trade Association, An Employer’s Guide  to Health Care Reform for the Plastics Industry,” Seyfarth Shaw Webinar (May 2010)
  • “Lean Six Sigma and Process Improvement in Health care Summit,” Seyfarth Shaw Presentation (May 2010)
  • “American Hotel and Lodging Association, Health Care Reform: How It Will Impact the Hospitality Industry,” Seyfarth Shaw Webinar (May 2010)
  • “Health Care Reform and Its Impact in Employers,” Seyfarth Shaw Webinar (April & May 2010)
  • “ADA Amendments Act: What Will The New Standards Mean To You,” Industry Trade Association Presentation (February 2009)
  • Co-Presenter, “Lilly Ledbetter Fair Pay Act of 2009,” (April 2009)
  •  “FMLA Regulations: What You Need To Know,” Industry Trade Association Presentation (February 2009)
  • “Developing and Maintaining a Healthy Corporate Culture,” The Entrepreneurship Institute (October 2008)
  • “Chapter 80 of the Acts of 2008 - Implications for Health care Business Operations,” Industry Trade Association Presentation (June 2008)
  • “Staying Ahead of the Curve: An Employer’s Guide to the Universe,” Seyfarth Breakfast Briefing Series (December 2007)
  • “Retaliation after Burlington Northern,” Seyfarth Breakfast Briefing Series, (December 2007)
  • “Interviewing and Hiring: Legal Recruitment Strategies,” The Entrepreneurship Institute (October 2007)
  • “Navigating FMLA and ADA Issues,” Health care Provider Series (December 2005)
  • “Career + Life: The Balancing Act,” Women in Health care Series (September 2004)
  • “Fiduciary Training: ERISA Duties and Obligations,” Board of Directors Education Series (July 2004)
  • “Electronic Evidence: Impact on Commercial and Employment Law,” Seyfarth Breakfast Briefing Series (April 2004)
  • “Disability Discrimination and The Interactive Process Under the ADA,” Seyfarth Labor & Employment Symposium Presentation (October 2003)

Publications

Community Involvement

  • St. Athanasius Parish
  • Birch Meadow PTO