People: Lynn A. Kappelman, Partner

Photo of Lynn A. Kappelman, Partner

Lynn A. Kappelman

Partner

Boston
Direct: (617) 946-4888
Fax: (617) 946-4801
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Ms. Kappelman is a partner in Seyfarth Shaw LLP’s Boston office and is the Chair of the Boston L&E Department. Her practice focuses in the area of labor and employment litigation, including issues arising under ADEA, Title VII, ERISA, ADA, and all other state and governmental laws affecting employers.  Ms. Kappelman is also Co-chair of the firm's national trial practice group. She has successfully litigated many trials to verdict, negotiated hundreds of cases to settlement, briefed and argued appeals to the First, Second and Third Circuits and state appellate courts.  She handles complex discrimination litigation including class action gender discrimination, race discrimination and gender equity cases, as well as EEOC pattern and practice charges.  Ms. Kappelman also counsels companies on various employment issues including executive compensation agreements, protecting confidential business information, severance agreements and progressive discipline of employees.  She is one of the founders of Seyfarth Shaw’s National Diversity Action Team and she is the architect of the firm’s Affinity Group Program.

Ms. Kappelman’s practice also focuses on trial work and counseling in the areas of trade secrets, restrictive covenants, and unfair competition.  She also has extensive experience in drafting and negotiating employment contracts, including non-competition, non-solicitation, non-disclosure and separation agreements.

Ms. Kappelman leads the firm's national service group for retail industry clients. She was previously an attorney in the corporate litigation department of International Business Machines Corporation where she counseled in-house staff and supervised litigation in the areas of employment discrimination and commercial litigation.

Ms. Kappelman has been selected as one of the state’s “Super Lawyers” in a joint survey conducted by the publishers of Law and Politics magazine and Boston magazine, as part of a special publication entitled “The Top Attorneys in the Northeast.”

Ms. Kappelman is a partner in Seyfarth Shaw LLP’s Boston office and is the Chair of the Boston L&E Department. Her practice focuses in the area of labor and employment litigation, including issues arising under ADEA, Title VII, ERISA, ADA, and all other state and governmental laws affecting employers.  Ms. Kappelman is also Co-chair of the firm's national trial practice group. She has successfully litigated many trials to verdict, negotiated hundreds of cases to settlement, briefed and argued appeals to the First, Second and Third Circuits and state appellate courts.  She handles complex discrimination litigation including class action gender discrimination, race discrimination and gender equity cases, as well as EEOC pattern and practice charges.  Ms. Kappelman also counsels companies on various employment issues including executive compensation agreements, protecting confidential business information, severance agreements and progressive discipline of employees.  She is one of the founders of Seyfarth Shaw’s National Diversity Action Team and she is the architect of the firm’s Affinity Group Program.

Ms. Kappelman’s practice also focuses on trial work and counseling in the areas of trade secrets, restrictive covenants, and unfair competition.  She also has extensive experience in drafting and negotiating employment contracts, including non-competition, non-solicitation, non-disclosure and separation agreements.

Ms. Kappelman leads the firm's national service group for retail industry clients. She was previously an attorney in the corporate litigation department of International Business Machines Corporation where she counseled in-house staff and supervised litigation in the areas of employment discrimination and commercial litigation.

Ms. Kappelman has been selected as one of the state’s “Super Lawyers” in a joint survey conducted by the publishers of Law and Politics magazine and Boston magazine, as part of a special publication entitled “The Top Attorneys in the Northeast.”

Education

  • J.D., Georgetown University Law Center (1988)
  • A.B., Brown University (1985)

Admissions

  • Massachusetts
  • Connecticut
  • New York

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the First, Second and Third Circuits
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern, Northern, Southern and Western Districts of New York

Representative Engagements

Recent Employment-Related Jury Trials

  • Bryant et al v. FMC technologies Inc. (USDC TX) (multi-plaintiff race discrimination, racial harassment, retaliation claims - Jury deadlocked after 6 week trial).
  • Noonan v. Staples (USDC MA) (defamation claims - Employer verdict).
  • Bloom v. Aldi (USDC W.D. PA)(religious discrimination, religious accommodation - Employer verdict).
  • Brewer v. American Frozen Foods (USDC CT) (sexual harassment retaliation - Employer verdict).
  • Ridley v. Costco (USDC PA) (race discrimination, retaliation constructive discharge - Employee verdict on constructive discharge, Employer verdict on race and retaliation).
  • Yadav v. Brookhaven et al. (USDC EDNY) (age discrimination and national origin discrimination - JNOV for Employer).
  • Blume v. Target (USDC EDNY) (FMLA violation - Employer verdict).
  • Bell v. Stop & Shop (USDC CT) (race discrimination, retaliation- Employer verdict).
  • Busa v. Cablevision (CT Superior Court) (defamation, false imprisonment- Employee verdict).
  • Hernandez v. Connecticut College (CT Superior Court) (national origin discrimination, denial of tenure - settled right before verdict).
  • Cleveland v. IBM Corp. (USDC E.D. TX) (Employer verdict on plaintiff’s age and race discrimination claims).
  • Zezuski v. Costco (USDC MA) (age discrimination, breach of implied contract - Settled after jury empaneled).
  • Ferraro v. Stop & Shop (CT Superior Court) (negligent infliction of emotional distress, wrongful termination in violation of public policy - Settled after jury empaneled).
  • Lucarrelli v. Stop & Shop (CT Superior Court) (sex discrimination, hostile environment sexual harassment- Settled after jury empaneled).
  • Bennett v. Accenture (USDC CT)  (ADA, retaliation - Settled after jury empaneled).
  • Rein v. Motorola et al. (USDC MA) (age discrimination, tortious interference with advantageous business relations, retaliation - Settled after jury empaneled).

Employment Bench Trials/Arbitrations

  • Leno v. Optum Health (AAA arbitration - age discrimination- pending).
  • Jonesv.Ingenix Employer Solutions, a division of UnitedHealthGroup. (AAA arbitration - race discrimination, retaliation and constructive discharge - Employer verdict).
  • Joseph v.  UnitedHealth Group (AAA arbitration - Sarbanes-Oxley whistleblower claims, retaliation - Employer verdict).
  • Williams v. Cushman & Wakefield (CT Superior Court) (judgment for defendant on breach of implied employment contract claim).
  • Wood v. Laila Amer (CT Superior Court) (breach of employment contract claim – Employee verdict).
  • Wholey v. Cushman & Wakefield (CT Superior Court) (preliminary injunction to enforce non-compete agreement – Employer verdict).
  • Trotta v. Kawasaki Motors (CT Superior Court) (judgment for defendant on breach of employment contract claim).
  • Gagnon v. UnitedHealth Group (AAA arbitration - Disability Discrimination Accommodation - Employer verdict).
  • Joseph Paduda v. UnitedHealth Group (AAA arbitration - failure to pay commissions - P verdict).
  • Janet Canning v. UnitedHealth Group (AAA arbitration - Disability discrimination, FMLA - Employer  verdict).
  • Guiles v. UnitedHealth Group (AAA arbitration - race discrimination, retaliation- Employer verdict).
  • Danese v. UnitedHealth Group (AAA arbitration - sex discrimination, retaliation - Employer verdict).
  • Kouassi v. UnitedHealth Group (AAA arbitration - age, race, national origin discrimination and retaliation - Employer verdict).
  • Anderson v. Norwalk Kawasaki (AAA arbitration - wrongful termination in violation of public policy -Employer verdict).
  • Panetta v. UnitedHealth Group  (AAA arbitration - age, race, national origin, sex discrimination, perceived disability and retaliation).
  • Stack v. United Health Group et al. (AAA Arbitration, disability, FMLA, retaliation – Verdict pending).

Employment-Related Appeals

Federal:

  • Turley v. Arcelor-Mittal (race discrimination, JMOL motion - pending).
  • Trainor v. HEI (First Circuit Court of Appeals) (age discrimination, constructive discharge and retaliation; $1.6 million remittitur for employer).
  • Cloutier v. Costco Wholesale Corporation (First Circuit Court of Appeals) (religious discrimination, accommodation - Employer verdict).
  • Paul Danzer v. Norden Systems and Northrup Grumman (Second Circuit Court of Appeals) (age discrimination - Employer Verdict).
  • Murphy v. International Business Machines Corporation (Second Circuit Court of Appeals) (ERISA -Employer verdict).
  • Siosin v. Knights of Columbus (Second Circuit Court of Appeals) (national origin discrimination retaliation - Employer verdict).
  • Ridley v. Costco Wholesale Corporation (Third Circuit Court of Appeals) (race discrimination, constructive discharge retaliation - Employee Verdict).

State:

  • Barsamian v. Corporate Express Office Products, Inc. (Commonwealth Of Massachusetts Appeals) (breach of contract, breach of the covenant of good faith and fair dealings - Decision for Employer).

MCAD public hearing:

  • Cetlin v. Costco (disability, discrimination, disability accommodation – Employer Verdict).

Presentations

  • “Roadmap for the In-house Lawyer Going to Trial,” NY Today (2013)
  • “When to Use Focus Groups and Mock Trials When Preparing for Trial,” Seyfarth Shaw Webinar (August 2013)
  • “How to Prepare Witnesses for Trial,” Seyfarth Shaw Webinar (July 2013)
  • “New Developments and Hot Topics in Religious Discrimination for Colleges and Universities,” National Association of Colleges and Universities Continuing Legal Education Conference (Spring 2009)
  • “Developments in the Employments Laws Pertaining to Lesbian, Gay, Bisexual and Transgender Individuals on College and University Campuses” National Association of Colleges and Universities Continuing Legal Education Conference (Spring 2005)

Publications