Neil V. McKittrick - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Neil V. McKittrick

Listed in Best Lawyers since 2013
Phone: 617-994-5726

Mr. McKittrick has extensive trial experience in employment and business disputes. He has represented clients in a wide array of litigation, including (1) allegations of workplace discrimination and harassment; (2) cases involving disputes over trade secrets, non-disclosure, non-competition and non-solicitation covenants in financial services, biotechnology, pharmaceuticals, high technology and other industries; and (3) the defense of class and collective actions, with particular experience in the hospitality and retail sectors. He also has extensive experience counseling and advising businesses on their compliance with anti-discrimination laws and other employment-related matters, including contract claims, employee privacy rights and workplace security issues. In addition, Mr. McKittrick provides traditional labor law advice and has represented employers in union campaigns, collective bargaining, interest and grievance arbitration, unfair labor practice charges, picketing and other threatened work actions. He created the firm’s pro bono policy and serves on the firm’s Pro Bono Committee, and he is the Chair of the firm’s Appellate Practice Group. He formerly served as the Assistant Director of the White House Security Review (1994-95) and as a law clerk to the Honorable Frank M. Johnson, Jr. of the U.S. Court of Appeals for the Eleventh Circuit (1987-88). He was also previously a partner in the Boston law firms of Hill & Barlow and Goulston & Storrs.

Brown UniversityAB 1983University of VirginiaJ.D. 1983
Order of the CoifPhi Beta KappaEmployment Law StrategistLawyers’ Committee for Civil Rights Under Law, Washington, D.C. Lawyers’ Committee for Civil Rights and Economic Justice, Boston, MA Boston Municipal Court Alternative Dispute Resolution ProjectMassachusetts Business Alliance for Education Commission on Educating a 21st Century WorkforceGovernor Deval Patrick Transition Committee, Education Working GroupFederal Bar AssociationBoston Bar Association Massachusetts Bar Foundation

Case History

Other Court Admissions
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Supreme Court
  • Summary judgment on behalf of textile manufacturer in a federal court class action alleging WARN Act and state Wage Act violations.
  • Summary judgment (affirmed on appeal) on behalf of professional services firm in a disability discrimination claim.
  • Summary judgment on behalf of defense contractor in an Equal Pay Act case
  • Summary judgment in a landmark federal class action on behalf of plaintiff class of more than 3,000 adults with developmental disabilities on a waiting list for services to which they were entitled under the Medicaid Act.  Case resolved by a court-approved $114 million settlement.
  • Counsel of Record on an amicus curiae brief filed in the U.S. Supreme Court on behalf of the state of Oregon and 58 former commissioners of mental health and developmental disabilities from 36 states in Olmstead v. L.C., a leading Americans with Disabilities Act case.
  • Co-counsel on an amicus curiae brief filed in the U.S. Supreme Court on behalf of 32 national disabilities rights groups in support of professional golfer Casey Martin in his successful Americans with Disabilities Act case against the PGA Tour.
Part 2
  • Motion to dismiss on behalf of public employer defending Title VI sex discrimination claims and alleged due process violations in connection with a public construction project.
  • Summary judgment in patent infringement case defeating doctrine of equivalents argument based on patent history estoppel.
  • Verdict for commercial landlord in breach of contract case involving enforceability of one million dollar liquidated damages clause. Identified by Massachusetts Lawyers Weekly as one of the most significant defense verdicts of 1996.
  • Verdict for contractor in breach of contract/alleged construction defects case.
  • Verdict on behalf of senior executive in breach of contract case involving incentive compensation.
  • Arbitration award on behalf of manufacturer against sales representative in breach of contract claim.

Office Location

One Boston Place, Suite 3220
Boston, MA 02108
United States

Practice Areas

Litigation - Labor and Employment