Jennifer Merrigan Fay

Jennifer Fay is a partner in Goodwin’s Employment practice and a former member of the firm’s Executive Committee. She is also a founding member of the firm’s Trade Secrets & Restrictive Covenants practice. Ms. Fay focuses her employment law practice on servicing the firm’s technology, life sciences, private equity/venture capitalist and financial services clients, as counselor, a litigator and an employment law compliance expert. She has developed a particular expertise in connection with CEO and other executive transitions, complex workplace investigations and the development and implementation of proactive human resources strategies, including interactive workplace training. Ms. Fay dedicates much of her practice to investigations related to alleged discrimination/harassment, ethics and policy violations, founders’ disputes and whistleblower claims.

Ms. Fay is also the firm’s primary specialist on employment-related issues that arise in connection with transactional matters, including mergers and acquisitions, asset deals and financing events. She regularly advises clients regarding complex topic areas, including IRS Code Section 409A compliance with respect to employment arrangements, sophisticated employment arrangements (including for public company executives), bonus plans and equity compensation matters.

She has special expertise in the areas of restrictive covenants including noncompetition, nondisclosure and nonsolicitation agreements. Trade secret issues often come into sharpest focus when an employee leaves one company to start another or work for a competitor. Such cases raise trade secret issues for all parties involved. Ms. Fay regularly provides strategic counseling and litigation services to clients who find themselves in these circumstances.

Ms. Fay also has in-depth knowledge of worker classification, discrimination, harassment and anti-retaliation laws, pay equity legislation and other high priority areas of interest for employers. She applies her subject matter expertise while counseling clients, negotiating with opposing counsel, handling disputes including through mediation and litigation, and collaborating with the firm’s business law attorneys and clients.