Bradford J. Smith

Brad Smith, of counsel in the firm's Employment practice, represents a variety of local, regional and national clients across many industries, including high technology, pharmaceutical, B2B, real estate, utilities, manufacturing, financial services and retail. His practice includes representation of clients regarding labor and employment matters arising in corporate transactions, including mergers, acquisitions, financings and public offerings, as well as employment discrimination proceedings before state and federal courts and agencies, wrongful discharge litigation, noncompetition and wage-hour/misclassification litigation (including class action litigation), proceedings before the National Labor Relations Board, labor arbitrations and actions arising under the Occupational Safety and Health Act. He has prevailed in state and federal courts at all stages of litigation, including successfully defending and obtaining injunctive relief, at trial, summary judgment, following trial and on appeal.

He counsels clients on employment-related issues such as employee discipline and termination, sexual harassment and other discrimination matters, development of affirmative action programs and personnel policies, compliance with wage-hour and classification regulations, development and enforcement of employee noncompetition and confidentiality agreements, and compliance with miscellaneous state and federal employment laws and regulations.

He is the Chapter Editor (MA, RI, NH and ME) for BNA’s 50-States Treatises on Covenants Not To Compete, Duty of Loyalty, Trade Secrets and Tortious Interference.

Brad’s recent representative experience includes:

• Senti Biosciences in its debut as a publicly traded company
• Aura Biosciences in its $75.6 million initial public offering
• GeneWerk, an Ampersand portfolio company, in its merger with Protagen Protein Services
• Cadent Therapeutics in its sale to Novartis for $770 million
• Fiduciary Trust Company International in its acquisition of Athena Capital Advisors
• SpringWorks Therapeutics in its $186.3 million initial public offering
• Axcella Health in its $71.4 million initial public offering

Brad is a member of the Boston and Massachusetts Bar Associations and serves on the Occupational Safety and Health Committee of the American Bar Association.

Chambers USA states that clients praise Brad as “a great partner who is easy to access and calls you back, which is hard to get people at his level to do.”

Brad has been recognized by The Best Lawyers in America for his work in Employment Law - Management in 2019-2024, in Litigation - Labor and Employment 2022-2024, and in Employment Law – Individuals in 2024.

Brad has been repeatedly recognized by Super Lawyers magazine, and repeatedly selected for inclusion in Chambers USA: America's Leading Lawyers for Business.

Brad’s recent publications include:

• Co-author, “Payroll Deduction Deadline Under Massachusetts Paid Family and Medical Leave Law is Extended,” Goodwin Client Alert, June 18, 2019
• Co-author, “Massachusetts Revises Guidance for the Paid Family and Medical Leave Law,” Goodwin Client Alert, May 3, 2019
• Co-author, “Time-Sensitive Action Items under the Massachusetts Paid Family and Medical Leave Law,” Goodwin Client Alert, April 24, 2019
• Co-author, “DOL Proposes To Increase Salary Thresholds For Exempt White-Collar Employees,” Goodwin Client Alert, March 12, 2019
• Co-author, “U.S. Supreme Court Approves Employment Arbitration Agreements with Class Action Waivers,” Goodwin Client Alert, May 29, 2018
• Co-author, “Massachusetts Rules Medical Marijuana Use May Be a Reasonable Accommodation Under State’s Handicap Discrimination Statute,” Goodwin Client Alert, July 19, 2017
• Co-author, “Defend Trade Secrets Act Creates Federal Trade Secret Cause of Action with Enhanced Seizure Remedies; Employers Should Give Notice to All Employees Regarding DTSA Whistleblower Immunity,” Goodwin Client Alert, May 12, 2016
• Co-author, “Federal Agencies Issue Final Policy Statement Regarding Standards for Assessing Diversity Policies and Practices,” Goodwin Client Alert, July 6, 2015
• Co-author, “Massachusetts Attorney General Issues Guidance on Domestic Violence Leave Act,” Goodwin Client Alert, November 17, 2014
• Author, “DOL Proposes Rule That Would Require Federal Contractors to Submit Pay Data,” Goodwin Client Alert, August 28, 2014
• Co-author, “In Lawson, Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors,” Goodwin Client Alert, March 14, 2014

Brad’s recent speaking engagements include:

• Speaker, “Hot Topics Concerning Workplace Re-Entry: Decisions for U.S. Employers,” Goodwin Webinar, June 23, 2021