Labor, Employment and Benefits

Nutter served as legal counsel to ALM Works, Inc., the developer of software products to empower project managers around the world with visibility and control, in connection with its acquisition by Tempo Software, a leading provider in team time management and productivity-enhancing solutions.

Nutter served as legal counsel to Connected Home Care, LLC, a leading home care provider serving Medicaid, dual-eligible, and private pay clients throughout Eastern Massachusetts, in connection with its acquisition by HouseWorks, LLC, one of the nation’s largest independent home care companies.

Nutter served as legal counsel to Ce3, Inc., a full-service CRO focused on providing early phase oncology clinical development services to the biotechnology industry, in connection with its acquisition by Catalyst Clinical Research, a clinical development organization providing highly customizable clinical research solutions to the global biopharmaceutical industry.

Nutter served as legal counsel to Gravyty, a market-defining provider of fundraiser enablement solutions powered by artificial intelligence, in connection with a $21 million investment from K1 Investment Management, a leading investment firm focusing on high-growth enterprise software companies.

Nutter served as legal counsel to Innovation Associates, the market-leading provider of high-volume pharmacy automation technology and software solutions to the retail, hospital, government, and mail order pharmacy markets, in connection with a consortium of investors led by Greg Wasson, the former Walgreens Boots Alliance CEO, acquiring a majority stake to scale the business and enhance its pharmacy automation offerings.

Nutter served as sole outside legal counsel to Centreville Bank in connection with its agreement to acquire Putnam Bank and its holding company, PB Bancorp, Inc., in a transaction valued at approximately $115.5 million.

Nutter represented a class of insurance companies in RICO litigation filed against one of their competitors.

Nutter obtained summary judgment in an age discrimination suit filed against a large financial services company.

Nutter defended a Fortune 100 insurance company in multistate litigation arising out of the hiring of agents from a competitor, including claims relating to non-competes, breach of contract, and tortious interference.

Nutter represented and counseled a Fortune 100 medical device company in non-compete, non-solicit, and trade secret strategy and litigation throughout the country.

Nutter represented and counseled a Fortune 100 medical device company in non-compete, non-solicit, and trade secret strategy and litigation throughout the country.

Nutter represented a health insurance plan in a qui tam lawsuit alleging billing improprieties, and prevailed at motion to dismiss stage.

Nutter represented a laboratory in qui tam litigation alleging fraudulent billing practices, and secured a key court opinion favorable to the entire industry.

Nutter represented a major medical device manufacturer in defending multiple whistleblower claims brought by former employees in several jurisdictions.

Nutter represented a medical device manufacturer in multiyear non-compete litigation involving significant sales representatives who made multiple moves between competitors.

Nutter assisted a multifacility manufacturer in negotiating the soft close of a defined benefit pension plan to new union employees.

Nutter persuaded the Department of Labor to reestablish its rule against extraterritorial application of Sarbanes-Oxley Section 806, resulting in dismissal of a retaliation claim filed against a multinational corporation filed by an employee of an Asian subsidiary.

Nutter successfully defended a North Dakota manufacturer before the National Labor Relations Board against the union’s unfair labor practice claims after the manufacturer withdrew recognition of the union.

Nutter represented a pharmaceutical company in connection with its hiring of a senior researcher. We navigated the non-compete and trade secret issues and obtained a favorable settlement after expedited discovery.

Nutter represented senior executives of a privately-held company through change of control and integration into a larger entity.

Nutter represented a wealth management group in pursuing non-compete and non-solicitation claims against a Fortune 100 company and three former employees. We obtained a favorable pre-litigation settlement.

Nutter advised Cali’flour Foods, the developer and manufacturer of low-carb, gluten-free cauliflower products, in a Series A financing round led by Sunrise Strategic Partners, with participation from CircleUp Growth Partners.

Nutter served as legal advisor to DTM Packaging and Custom Automation, a leader in machinery manufacturing and re-manufacturing, in its acquisition by The Massman Companies, a Minnesota-based team of machinery and technology companies.

Nutter served as sole legal advisor to Fisher International, Inc., a firm supporting the pulp and paper industry with business intelligence and strategy consulting services, in its acquisition by Battery Ventures, a global technology-focused investment firm.

Nutter served as legal advisor to Globe Composite Solutions, LLC (Globe), a navy submarine supplier, in its acquisition by ESCO Technologies Inc. (NYSE: ESE), a global provider of highly engineered products and solutions to diverse and growing end-markets that include the aerospace, space, healthcare, wireless, consumer electronics, electric utility, and renewable energy industries. 

Nutter represented certain senior management in connection with the sale of ZappRx to Allscripts.

Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.

Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

Nutter represented PeoplesBancorp, MHC, a Massachusetts mutual holding company, and the bank holding company of PeoplesBank, a Massachusetts-chartered savings bank, both of Holyoke, Massachusetts, in connection with its acquisition of First Suffield Financial, Inc., a Connecticut corporation and the bank holding company of The First National Bank of Suffield, a national bank, both of Suffield, Connecticut. The total value of the transaction was approximately $60 million.

Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

Nutter represented Commerce Bancshares Corp. and its subsidiary, Commerce Bank & Trust Company, in its merger with Berkshire Hills Bancorp. Inc. (NYSE: BHLB), in an all-stock transaction valued at $209 million.

Represented senior management team of medical-practice management organization through proposed acquisition by private equity fund

Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

Obtaining summary judgment in favor of a medical device company and against a former employee who brought claims sounding in disability discrimination, interference with contractual relations, and breach of a stock options agreement.

Pursuing and defending against claims of breaches of non-competition and non-disclosure agreements for a diverse group of employers across the country.

Representing several employers, including manufacturers, retailers, food service distributors, and medical device manufacturers, in the defense of employee discrimination claims before the Massachusetts Commission Against Discrimination.

Defended major ballet orchestra in labor arbitration challenging termination of union musician

Assist government contractor prepare affirmative action plan and undergo audit by federal OFCCP

Negotiate union contract on behalf of social service agency

Successfully defeated a Teamsters organizing effort at distribution facilities of a national office supply retailer.

Successfully represented an international corporation in developing and implementing national labor relations strategies, including neutrality and private election agreements, and decertification of a union.

Successfully represented corporate entities in collective bargaining negotiations with numerous unions, including the SEIU, Steelworkers, UNITE HERE, the UAW, the Teamsters, the Utility Workers, and the Paper Workers Union.

Successfully represented two major universities in NLRB proceedings and providing counsel in opposition to unionization of campus police officers and unionization of graduate students serving as teaching assistants and research assistants.

Successfully served as counsel for two major universities on a wide range of matters including litigation of discrimination and wrongful termination claims, class action defense of claims by outsourced employees, litigation of claims by students/parents, tenured faculty discharge hearings, hearings to revoke the award of a professional degree, internal faculty/student investigations and grievance hearings, and preventive training on employment law and human resources issues, successfully avoiding any material liability.

Nutter represented a family of national corporations devoted to pharmaceutical, surgical, and health care services, handling litigation of discrimination and wrongful termination claims, litigation of non-competition agreements, non-solicitation agreements, and trade secrets, and preventive training on disability law, internal corporate investigations, and layoffs and reductions in force. We successfully avoided any material liability claims while adhering to budget constraints.

Successfully defended an employer against a former executive seeking severance payments in excess of $4 million.

Successfully defended multiple FLSA class action lawsuits for unpaid overtime wages on behalf of regional and national clients.

Nutter advised Abveris (formally known as AbX Biologics, Inc.), a privately-held in vivo antibody discovery services company, in connection with its acquisition by Twist Bioscience Corporation (NASDAQ: TWST), a leading and rapidly growing synthetic biology and genomics company that has developed a disruptive DNA synthesis platform to industrialize the engineering of biology.

Nutter served as legal counsel to AppwoRx LLC, a Boston-based medical technology manufacturer, in connection with its acquisition by PatientNOW, a private equity-backed computer software company headquartered in Englewood, CO.

Nutter served as legal counsel to Baril Corporation, a leading medical specialty manufacturer of infection prevention, wound care, clinical chemistry, patient monitoring, and medical and surgical consumable products, in its acquisition by TEAM Technologies, Inc., a leading North American healthcare specialty manufacturer focused on oral and dental care and medical end markets. 

Nutter served as legal counsel to Copley Equity Partners, a Boston-based private investment firm, in its investment to recapitalize, and facilitate the merger of, Aethon Aerial Solutions and Flight Evolved.

Nutter served as legal counsel to Eastern Bankshares, Inc. (Nasdaq Global Select Market: EBC), the stock holding company for Eastern Bank, in connection with its acquisition of Century Bancorp, Inc. (Nasdaq: CNBKA), the stock holding company for Century Bank and Trust Company, in a transaction valued at approximately $642 million.

Nutter served as legal counsel to Invoke Solutions, Inc., a research and content testing platform that serves many of the world's top video streaming services and broadcasters, in connection with its acquisition by MarketCast LLC.

Nutter served as legal counsel to iResearch, a leading multi-specialty clinical research center with locations in Decatur, GA and Savannah, GA, in connection with its acquisition by CenExel.

Nutter served as legal counsel to Kalahari Snacks, the #2 biltong brand in the U.S., in its acquisition by Stryve Foods LLC, an emerging healthy snacking platform and the leading air-dried meat snack company in the country.

Nutter represented the NWHL in connection with its preparation of the NWHL 2021 Season in Lake Placid, including securing a broadcast agreement with NBC Sports Network and a venue agreement for the event with the Herb Brooks Arena. Nutter also represented the NWHL in connection with its reorganization to an unincorporated association and new governance model, resulting in the original six NWHL member clubs being subject to the terms of the NWHL Constitution and Bylaws with each of the member clubs being represented on the NWHL Board of Governors.  

Nutter served as legal counsel to OpenClinica, an industry-leading clinical research solutions provider based in Waltham, MA, in connection with a strategic investment with Thompson Street Capital Partners.

Nutter served as legal counsel to Shepley Wood Products, the premier building supply company for Cape Cod, Nantucket, and Southeastern Massachusetts, in its acquisition by Kodiak Building Partners, a Denver-based building products distribution platform.

Nutter served as legal counsel to T.F. Boyle Transportation, Inc. in its acquisition by Toronto-based Andlauer Healthcare Group Inc. (TSX: AND).

Nutter served as legal counsel to Veristat, LLC, a scientifically minded global clinical research organization (CRO), in its acquisition by WindRose Health Investors, LLC, a New York City-based health care private equity firm.