Richard C. Van Nostrand
General Counsel
Legal Administrative Assistant Christine A. Killian
Rich has extensive experience in general civil trial work, with concentrations in business, commercial and employment litigation. He provides advice and representation in a variety of business and commercial litigation matters, including shareholder disputes, corporate dissolutions, intra- and inter-company disagreements, and intra-family business disputes. Rich also provides ongoing employment litigation and counseling services to numerous clients in the private, public and higher education sectors. In the private sector, Rich represents clients in a broad range of industries including health care, professional services, high technology, industrial and manufacturing. In addition, he is also frequently selected by litigants to assist in the resolution of their disputes as an independent arbitrator or mediator. Rich is well known throughout the state and region. He served as president of the Massachusetts Bar Association and subsequently, as president of the New England Bar Association. His trial expertise and judgment were recognized by Governor Deval Patrick, who appointed Rich to the Judicial Nominating Commission, a 21-member body that evaluates and recommends individuals for appointment to the bench, and the Supreme Judicial Court, who appointed him to two successive five-year terms on the Board of Directors of the Massachusetts Legal Assistance Corporation, a statutory entity that oversees the funding and delivery of legal services to the underprivileged throughout the Commonwealth. He also served as President and has served for more than twenty years on the Board of Trustees of MCLE, Inc., the preeminent continuing legal education provider in Massachusetts.
Rich was included in the 2024 edition of The Best Lawyers in America® for Arbitration, Commercial Litigation, Employment Law – Management, and Litigation – Labor and Employment. He has been recognized in The Best Lawyers in America® since 2011. Rich was also named the Best Lawyers® Litigation – Labor and Employment “Lawyer of the Year” in Westborough, 2024, 2021. In 2006 and 2008-2022, Rich was named a Massachusetts “Super Lawyer" by Boston magazine and Law & Politics. In 2011, Rich received the Massachusetts Bar Association Community Service Award. Rich has also received an AV® Preeminent Peer Review Rating by Martindale-Hubbell, the highest rating available for legal ability and professional ethics, for over three decades.
Bar & Court Admissions
- Massachusetts
- U.S. Supreme Court
- U.S. District Court for Massachusetts
- U.S. Court of Appeals for the First Circuit
- Duke University School of Law JD (1980)
- Binghamton University BA (1977)
- Obtained a seven-figure jury award on behalf of a manufacturer in the United States District Court in a breach of contract claim against its former joint venturer
- Obtained six-figure award in private arbitration in favor of minority shareholder for breach of contract and breach of fiduciary duties by majority shareholders
- Obtained six-figure award in private arbitration in favor of minority shareholder for breach of contract and breach of fiduciary duties by majority shareholders
- Obtained defense verdicts in favor of the research department of a world-renowned university against breach of contract claims in Worcester Superior Court
- Successfully argues for the Massachusetts Court of Appeals to uphold lower court dismissal of claims against a businesswoman by a private lender to holder her liable for developer spouse’s debt
- Secured preliminary and permanent injunctions in the Business Litigation Session of Suffolk Superior Court on behalf of a nanotechnology business against its former chief chemist for trade secret misappropriation
- Successfully defended packaging supplier and new sales employee in the Business Litigation Session of Suffolk Superior Court against efforts to restrain their competitive activities
- Secured defense verdicts on behalf of a municipality, its Board of Selectmen and its chief professional officer against claims of sexual harassment and retaliation in the United States District Court
- Successfully defended an office solutions company in the United States District Court against a race discrimination claim brought by a regional sales manager
- Successfully defended a college against claims of breach of contract and gender discrimination by its former dean in Worcester Superior Court
- Successfully argued in favor of lower court dismissal of gender discrimination and other statutory and common law claims against aerospace manufacturer before the Supreme Judicial Court
- Successfully argued in favor of lower court dismissal of disability discrimination claims against professional services firm in the United States First Circuit Court of Appeals
- Successfully argued motion of summary judgment dismissing race discrimination claims against warehouse and bulk supplier in the United States District Court
- Successfully argued motion for summary judgment dismissing wrongful termination and wrongful death claims against plastics executive in Middlesex Superior Court
Publications/Presentations
- Presenter “Proposed National Ban on Noncompetes: What Employers Need to Know,” Massachusetts Lawyers Weekly Webinar, February 9, 2021
- “Non-Competition Agreements Act of Massachusetts,” On Air with Mirick O’Connell legal podcast, September 4, 2020
- "A Trap for the Unwary: A Furlough May Compromise Your Non-Compete Agreement,” Mirick O’Connell Client Alert, May 9, 2020
- Quoted in “SJC: cost to replace lab a valid damages measure. But is split on whether to restrict use of award,” Massachusetts Lawyers Weekly, May 7, 2020
- “Diversity and Inclusion in Law Firms,” On Air with Mirick O’Connell legal podcast, April 22, 2020
- “The Massachusetts Noncompetition Act-15 Months Later,” Worcester County Bar Association, January 6, 2020
- Panelist, "1st Look" at Massachusetts' New Noncompete & Trade Secrets Law, MCLE, 2018
- Quoted, "Mass. Noncompete Law Overhaul Not As Strict As it Seems," Law360 August 17, 2018
- Panelist, Attorney Conducted Voir Dire (2016, 2015), Worcester County Bar Association
- Moderator, Voir Dire: Watch & Learn (2016), MCLE, 2016
- Moderator, Recruitment and Retention of Medical Personnel in a Volatile Landscape, Iandoli, Desai and Cronin and Mirick O’Connell Client Seminar (2016)
- Contributor, Selected Case Investigation Techniques: Conducting Client Interviews, Obtaining Witness Statements, and Using Investigators, Houlihan, J., editor, MASSACHUSETTS DISCOVERY PRACTICE (MCLE, 2002, original publication date, 2004, 2008, 2012, 2014, 2016 supplements)
- Moderator, Words Matter Or Do They: Dealing with Micro-Aggressions (And Micro-Aggressors) in the Workplace (2016); Fifty Shades of Gray: Coping with Employment Records and Personnel Files (2014); The Highs and Lows of the HR World (Workplace Violence and Medical Marijuana Law) (2013) Are You Serious?! That’s a Real Claim (Associational Discrimination, Cat’s Paw Liability and Subconscious Bias) (2012); Challenges Presented to Employers by the Widening World of Social Media (2011); Independent Contractors; Family Responsibilities Discrimination and Management Do’s and Don’t’s (2010); Managing the Challenging / Challenged Employee (2009); Human Resources Management Association
- Panelist, The Wheel of Misfortune: Reasonable Accommodation Under the ADA (2016); Top Areas to Focus On To Ensure Your HR House Is In Order (2013); Advanced Topics for the Human Resources Professional (2012); Avoiding Legal Pitfalls When Managing FMLA and Disability-related Leaves of Absence (2011); Advanced Topics Under the Americans with Disabilities Act: Walking the Fine Line With the Addicted Employee (2007); Mirick O’Connell Annual Labor, Employment and Employee Benefits Seminar
- Panelist, Practicing with Professionalism (2015, 2014), MCLE, Inc.
- Panelist, More Then Billable Hours: Public Interest, Community Participation and Scholarship (2013); Outside the Office: Community Leadership from Busy Lawyers (2011); Dukes Business Law Society
- Panelist, Protecting Customer Goodwill and Confidential Information With Non-Competition Agreements: Are They Worth The Paper They’re Printed On? (2008); Making and Breaking Non-Compete Agreements: Enforcement Strategies (2008); Massachusetts Bar Association
- Panelist, Managing Divisive Issues – Entering the Fray and Living to Tell About It (2004); American Bar Association, National Association of Bar Executives
- Contributor, The Proprietors of Charles River Bridge v. the Proprietors of Warren Bridge and Harvard College and Massachusetts General Hospital v. Francis Armory, Kass R. and Greaney J., editors, LEGAL CHOWDER: LAWYERING AND JUDGING IN MASSACHUSETTS, (MCLE, 2002)
Professional / Community Affiliations
- Massachusetts Bar Association, past president
- New England Bar Association, past president
- Worcester County Bar Association, past president
- American Bar Association, House of Delegates, Litigation and Employment Law Sections
- Judicial Nominating Commission, former commissioner by appointment of the Governor
- Massachusetts Legal Assistance Corporation, director by appointment of Supreme Judicial Court
- MCLE, Inc., first vice president, trustee
- Board of Bar Overseers
Navigating Pay Transparency Laws: What Employers Need to Know
Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …
[ load webpage to read more ]Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act
As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …
[ load webpage to read more ]Is Your Company in Compliance With Executive Order 13706?
In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …
[ load webpage to read more ]SJC Finds Public Meeting Comment Restrictions Unconstitutional
Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …
[ load webpage to read more ]The FTC’s Proposed Ban On Noncompetes – Predictions
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …
[ load webpage to read more ]Update Policies to Comply with the Massachusetts CROWN Act
At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …
[ load webpage to read more ]2023 Changes in Massachusetts Employment Laws
Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …
[ load webpage to read more ]Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …
[ load webpage to read more ]DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis
On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor …
[ load webpage to read more ]EEOC Issues Updated Guidance Regarding COVID Screening by Employers
On July 12, 2022, the Equal Employment Opportunity Commission issued updated guidance for employers regarding COVID-19 testing and accommodations. Perhaps most impactful, the EEOC altered its position regarding employers testing employees for COVID-19 as part of a mandatory screening prior …
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