David J. Santeusanio

David J. Santeusanio is a labor and employment attorney in Holland & Knight's Boston office. He is a member of the firm's Litigation Section, the National Labor, Employment and Benefits Practice Group and co-chair of the Trade Secrets and Restrictive Covenants Team. Mr. Santeusanio is an experienced litigator and advisor representing and counseling clients in all aspects of labor and employment law. His areas of concentration include employment litigation, non-competition and trade secret matters, union-management relations, education and government investigations.

Employment Litigation and Trial Practice

Mr. Santeusanio represents employers in employment discrimination lawsuits, wrongful termination claims, independent contractor misclassification cases, wage and hour claims, class actions and whistleblower claims. He represents clients in state and federal courts, arbitrations and administrative agencies, including the Massachusetts Commission Against Discrimination (MCAD) and U.S. Equal Employment Opportunity Commission (EEOC).

Non-Competition Litigation

Mr. Santeusanio regularly prosecutes and defends claims for unfair competition, violations of non-compete and non-solicit agreements, and misappropriation of trade secrets and proprietary information. Mr. Santeusanio also assists companies in developing and implementing programs and agreements to protect company assets.

Labor Relations

Mr. Santeusanio represents employers facing union-management issues, including union avoidance, collective bargaining, unfair labor practice charges, strikes and picketing, proceedings before the National Labor Relations Board (NLRB) and arbitrations. He regularly counsels clients on their rights and responsibilities under the National Labor Relations Act (NLRA).

Education

Mr. Santeusanio advises private educational institutions on a range of issues, including tenure disputes, governance, student-athlete matters and issues related to collegiate sports. He represents educational institutions in courts, administrative agency proceedings, government investigations and before regulatory bodies.

Government Investigations, Internal Investigations and Corporate Compliance

Mr. Santeusanio has substantial experience representing clients in connection with government investigations, including investigations by the U.S. Department of Labor (DOL), the Massachusetts Office of the Attorney General, the EEOC and the MCAD. Mr. Santeusanio also regularly conducts internal investigations and advises clients on related issues. In addition, Mr. Santeusanio develops corporate compliance programs designed to improve employment practices and reduce risks of litigation.

Client Counseling

Mr. Santeusanio advises clients in a broad range of employment issues, including employment agreements, wage and hour compliance, employee discipline and termination, employee medical leaves and disability issues, sexual harassment, employee handbooks and policies, reductions in force and workplace violence issues. Mr. Santeusanio regularly conducts employee training programs.

Affirmative Action

Mr. Santeusanio counsels clients on federal contractor affirmative action obligations. He has successfully represented clients in affirmative action audits by DOL's Office of Federal Contract Compliance Programs (OFCCP). In addition, he counsels businesses and higher education institutions on voluntary affirmative action efforts and diversity programs.

Representative Industries and Organizations

Mr. Santeusanio represents clients in various industries, including education, high tech, the gig economy, transportation, insurance, financial services, construction, healthcare, hospitality, food and beverage, professional services firms and government contracting. He has served as labor and employment counsel for organizations of all sizes, including startup companies, middle-market companies, large publicly held companies, national political campaigns and nonprofit organizations.

Pro Bono Representations and Other Background

In addition to his practice, Mr. Santeusanio regularly provides pro bono legal services. His pro bono work includes representing a young adult seeking asylum in the United States after being wrongfully imprisoned in his native country; representing a parent in an international child abduction case in which the parent sought reunification with her child; advising a nonprofit organization dedicated to providing homes to veterans of the U.S. military; and an appeal to the U.S. Court of Appeals for Veterans Claims on behalf of a Vietnam veteran seeking veterans benefits.

While in law school, Mr. Santeusanio served as editor-in-chief of the Suffolk Transnational Law Review.

Following graduation from law school, Mr. Santeusanio served as a law clerk to the Honorable Howard H. Dana Jr., Associate Justice of the Maine Supreme Judicial Court.