David L. Hansen

David L. Hansen is a partner at Bernkopf Goodman who helps clients prevent and resolve business disputes as well as controversies involving employment law. Business owners rely on Dave to represent them in litigation matters frequently involving disagreements between co-owners, arguments over contract terms in various industries, commercial real estate disputes, and defending or prosecuting breaches of fiduciary duties. Throughout his career, Dave has focused on finding creative solutions to prevent and resolve disputes between business partners.

Clients with various employment disputes, including wage and hour law, misclassification claims, and claims of discrimination based on age, race, gender, disability, and sexual orientation, turn to Dave for his extensive knowledge and experience in employment law. He helps clients manage risks by drafting employee handbooks and employment policies. Dave has also represented employers and employees to resolve non-compete and non-solicitation agreements and disputes involving the misappropriation of trade secrets and other confidential information.

Dave launched his legal career after serving as a law clerk to the Justices of the Superior Court in Massachusetts, which provided him a unique opportunity to work directly with judges and gain an in-depth understanding of the judicial process. This experience is applied in every case at each stage of the litigation to offer clients cost-effective solutions to complex legal problems. As with all disputes, his approach is customized not only based on the facts of the case but also to fit each client’s individual goals.

• Litigation

• Successfully represented a shareholder and director of a close corporation in petitioning for corporate dissolution due to a deadlock between the parties. This was the first appellate case in Massachusetts that interpreted the 2004 corporate dissolution statute (G.L. c. 156D, § 14.30).
• Represented an employee in a retaliation case, resulting in a judgment of over $2 million for unpaid commissions, including interest and treble damages under the Wage Act.
• Represented a former employee and successfully renegotiated an oppressive contract based on economic duress and coercion.
• Koshy v. Sachdev, 477 Mass. 759 (2017). – This is the first appellate case in the Commonwealth that interpreted the Massachusetts corporate deadlock statute (G.L. c. 156D, § 14.30). The Supreme Judicial Court reversed the trial court’s denial of relief under the statute and held that an aggrieved shareholder may petition for a forced sale of a corporation in lieu of dissolution, which was an expansion of the remedies available for shareholders under prior case law.
• Ortiz v. ExamWorks, 470 Mass. 784 (2015). – The Supreme Judicial Court upheld the dismissal of a complaint and clarified provisions of the PIP statute.
• Parker v. EnerNOC, 484 Mass. 128 (2020) – The Supreme Judicial Court reversed the Superior Court’s decision not to treble retaliation damages, leading to a judgment of over $2 million for an employee who was fired in retaliation.

NEWS

• FTC Proposes Ban on Non-Competition Agreements
• Eleven Bernkopf Attorneys Recognized on 2022 Massachusetts Super Lawyers® Lists