2000- Law Offices of Paul H. Merry, Esq.
Civil Litigation concentrating in Employment Law, race, age, disability, sex discrimination, sexual harassment, wrongful discharge before all United States and Massachusetts trial and appellate courts and administrative agencies in Massachusetts.
2000- Adjunct Professor of Law, Suffolk University Law School
2000-2002 Employment Law Specialist, University of Massachusetts Donahue Institute.
Curriculum design, training and consultant on employment law issues for public sector employers.
1998-2000 Massachusetts Commission Against Discrimination.
General and Special Counsel; chief of Enforcement Division. Advise three Commissioners on all legal matters affecting state anti- discrimination agency; recruit, supervise and train seven commission counsel and some 25 investigative personnel. As special counsel, conduct public hearing, pre-hearing certification conferences, appeals from single commissioners and hearing officers.
1996-1998 Of Counsel, Messing and Rudavsky.
Civil litigation in all Massachusetts courts, United States District Court, and administrative agencies of the Commonwealth, concentrating in employee-side age, disability, sex and race discrimination, wrongful discharge and other employment law issues.
1990-1996 Garrity, Levin & Muir.
Civil litigation with emphasis on employee-side employment discrimination in Federal District and Superior Courts, Massachusetts Commission Against Discrimination; appeals to Massachusetts Supreme Judicial Court, United States First Circuit Court of Appeals.
1983-1990 Assistant Attorney General, Consumer Protection Division, Massachusetts Department of Attorney General.
Housing abuse, adoption service fraud, education and employment counseling abuse prosecutions. Auto repair and sales fraud prosecutions. Bankruptcy practice. Multi-state cooperative enforcement. Extensive negotiation, motion, trial practice.
1980-1983 Assistant Attorney General, Division of Public Charities, Massachusetts Department of Attorney General.
Deceptive charitable solicitations prosecution, including police solicitation. Guardianship litigation. Special prosecutor, Norfolk and Essex County Civil and District Court criminal trials. Health care law.
1979-1980 Law Clerk to the Justices, Superior Court Department, Trial Court of the Commonwealth.
Legal research, litigation support and opinion drafting for some twenty trial court judges.
J.D., Cum Laude, Suffolk University Law School, June, 1979; Dean's List, top fifteen percent of class.
Member, Suffolk University Law Review.
B.A., Harvard College, 1966: English.
MCAD Case Citator 2003- ,(Co-editor)
Massachusetts Continuing Legal Education Foundation (annually published in December)
“Don’t Trip in the Starting Gate: Avoiding Ethical Pitfalls in the Discovery Phase of Employment Litigation;” Paper presented to annual convention of National Employment Lawyers’ Association, Boston, Massachusetts, June 27, 2014
“Ethical issues in Discovery;” paper presented at Annual Conference of Metropolitan Washington Employment Lawyers Association, April 4, 2014
Recent Developments in Federal and State Employment Law, Panel Presentation, Massachusetts Bar Association Annual Labor and Employment Law Conference, April, 2013
“Now You See It, Now You Don’t: Electronic Evidence and the Spoliation Thereof,” Massachusetts Bar Association Section Review, Fall 2006
“The Next Level: Handling the Challenges of the Successful Small Plaintiff-Side Law Office,”The Employee Advocate, Summer/Fall 2003
“Developing Electronic Evidence,” Practical Litigator, Spring 2003
“Stalking the Elusive Electron: Developing Electronic Evidence,” Annual Convention, American Bar Association, 2002
“Two Years of Living Dangerously: Life as General Counsel of a state Anti-Discrimination Agency,” Employee Rights Quarterly, Aspen Publishers, Inc., Spring, 2002.
“Change in Court Rules would Assure Preservation of Electronic Evidence,” Massachusetts Lawyers’ Weekly, Feb. 12, 2001 at B3,(29 M.L.W. 1331)
“Changes are needed in the discovery rules to maximize benefits from electronic communications,” Federal Discovery News, LRP Publications, December 2000.
“Advising Workers Who Are Being Discriminated Against by Their Current Employers,” 2 Inside Employee Rights Litigation 1 (John Wiley & Sons, Inc.) November, 1997
“Gold for the Golden Years? Evaluating Possible Age Discrimination Claims,” Representing Workers Under the Age Discrimination in Employment Act, National Employment Lawyers’ Association, November, 1997
Survey of recent disability law decisions, “Employment Law UpDate 1997", Massachusetts Continuing Legal Education Foundation, October, 1997
“How to Evaluate an Age Discrimination Claim,” The ElderLaw Report, February, 1997
“Just Cause Termination: The Employee’s Viewpoint”, Massachusetts Bar Association Labor and Employment Law Section Newsletter, March 1996
“Notes on Deposition Practice,” in Civil Deposition Practice: Winning Before Trial, Massachusetts Continuing Legal Education Foundation, Inc., 1990
“Fourteen States Bring AAMCO Transmissions’ Unfair Practices to a Grinding Halt,” National Association of Attorneys General Consumer Protection Report, March, 1987
“Protecting Consumers from Business Failure: Should a Business be Required to Disclose its Financial Distress?”; with Prof. Dwight Golann, Suffolk University Law School; Boston Bar Journal, 1986
“Recoupment of AFDC Overpayments Permissible Where ‘Disregarded’ Income Available to Offset Assistance Reduction,” Case Comment, 13 Suffolk U. L. Rev., Spring, 1979
BAR Admitted to practice before the Supreme Judicial Court and all courts of the Commonwealth (1979)
ADMISSIONS United States District Court for the District of Massachusetts
United States Court of Appeals for the First Circuit
BAR National Employment Lawyers’ Association
ASSOCIATIONS Massachusetts Bar Association
Massachusetts Employment Lawyers Association
Life Fellow of the Massachusetts Bar Foundation
American Bar Association
Boston Inn of Court
HONORS Fellow of the College of Labor and Employment Lawyers, Class of 2001
New England Super Lawyers, 2012 –
Martindale-Hubbell A-V Rating 2004 -
PROFESSIONAL Member, Executive Board, National Employment Lawyers’ Association, 2010-
Member, Ethics and Sanctions Committee, National Employment Lawyers’ Association, 2010-
Member, Affiliate Relations Committee, National Employment Lawyers’ Association, 2005 -
Member, First Circuit Credentials Committee, College of Labor and Employment Lawyers, 2003 -
Chair, Massachusetts Employment Lawyers Ass’n, 2004-2006
Member, Post-Goodridge Task Force, Massachusetts Bar Association, reviewing changes needed in the law following ruling permitting same-sex marriage, 2005-06
Chair, Succession Planning Committee, Massachusetts Law Reform Institute, 2005-07
President, Board of Trustees, Massachusetts Law Reform Institute, 2001-2004; Board member 2004-
Co-chair, Program Committee, Massachusetts Employment Lawyers Association, 2006-
Vice-chair, Massachusetts Employment Lawyers’ Association, 2002-4
Member, Labor and Employment Law Section Council, Massachusetts Bar Association, 2003-5
Member, Board of Trustees and chair of Program Committee, Massachusetts Law Reform Institute, 1994-2001
Member, Massachusetts Bar Association Labor and Employment Law Section Employee Rights and Responsibilities Committee Subcommittee for Drafting MCAD Parental Leave Guidelines, 1998
Member, Steering Committee, Labor and Employment Law Section, Boston Bar Association, 1997-1999
Speaker, Trends in MCAD Discrimination Decisions, Massachusetts Continuing Legal Education Foundation, December, 2002
Speaker on ethics and electronic communications, American Bar Association Labor and Employment Law Section, Technology Committee, Mid-year Meeting, May 15-17, 2002, Boston, Massachusetts
Panelist, Recent Developments in Federal Employment Law, Massachusetts Bar Association, October, 2001
Panelist, Conference on Rules to cover Computer-based Discovery, Judicial Conference Advisory Committee on the Rules of Civil Procedure, United States Courts; Brooklyn, N.Y., Oct. 2000
Panelist, MCAD Mock Trial Program, Massachusetts Continuing Legal Education Foundation, April, 2000
Panelist, MCAD Certification Training Program, Massachusetts Continuing Legal Education Foundation, December, 1999
Panelist, MCAD Regulations Training, Massachusetts Continuing Legal Education Foundation, 1999
Speaker, Associated Industries of Massachusetts, Sexual Harassment Seminar, October, 1999
Panelist, Recent Developments in Disability Law, American Bar Association, October 22, 1998
Chair, Sexual Harassment Update Program, Massachusetts Bar Association, October, 1998
Panelist, MBA Lunchtime seminar on Duty of Fair Representation, December, 1998
Panelist, Employment Discrimination Update 97, Massachusetts Continuing Legal Education Foundation, 1997
Co-chair, Taking Depositions Workshop, Massachusetts Continuing Legal Education Foundation, 1995-2000
Co-Editor, Labor and Employment Law Section Newsletter, Boston Bar Association, 1996-98
Member, Massachusetts Bar Association Labor and Employment Law Section Employee Rights and Responsibilities Committee Subcommittee for Drafting MCAD Disability Law Guidelines, 1996
Chair, Legislative Committee, Massachusetts Chapter, National Employment Lawyers Association 1991-1996
Chair, Massachusetts Bar Association Individual Rights and Responsibilities Section Council, 1992-94
Chair, Consumer Rights Committee, Massachusetts Bar Association, 1990-1992
Member, Drafting Subcommittee, Legislative Commission on Psychotherapist Sexual Abuse, 1990-1992
Panelist, Massachusetts Bar Association Annual Employment Law Conference, May, 1992
Chair, Massachusetts Continuing Legal Education Foundation Seminar on Age Discrimination Law, 1992
PRIOR Chief, State House Bureau; Weekly Columnist; Courts, Middlesex County Reporter, Editor of Life Department, The Sun, Lowell,
EMPLOYMENT Massachusetts 1976-1979
Reporter for Rochester (N.Y.) Times-Union, Waltham News-Tribune; Correspondent for Boston Herald, 1970-1975
Veteran, United States Army Security Agency, German language interpreter and intelligence analyst, 1967-1970
COMMUNITY Elected Member, Town Meeting, Wellesley, Massachusetts, 2002-
First Vice-president, Board of Trustees, World of Wellesley, 2004-
At-Large Member, Executive Committee, Wellesley Democratic Town Committee, Wellesley, Massachusetts, 2002-present
Member, Personnel Committee, St. Andrews’ Parish, Wellesley, 2000-Present
Nominee, Chair of Personnel Committee, St. Andrews’ Parish, Wellesley, 2014
First Vice-president, World of Wellesley, 2005-2010
Program Committee, World of Wellesley, 2002
Asst. Leader, Parish Youth Group, St. Andrews’ Parish, Wellesley, Massachusetts, 1997-2000
Vestry, St. Andrews’ Parish, Wellesley, MA 1993-4
Past Commodore and co-founder, Luders 33 Association
Past Commodore, New England Triton Association
Member, New Bedford Yacht Club
Wellesley Choral Society, 1990-present
Wellesley College Collegium Musicum, 1996-99; 2002
Coro Maris Stella, Gloucester
Choir, St. Andrew’s Episcopal Church, Wellesley
Ad Hoctet, 1996-2006
Roman Music Festival Chorus, 1997-2001
Troop Committee, Troop 186, Boy Scouts of America, 1991-1994
Member, Northeast Triumph Sport Riders Association
MISCELLANEOUS Vertrauensanwalt (Referral Attorney), Consulate of the Federal Republic of Germany, Boston
Fluent German, French; functional Spanish