• Overview

    Career Overview

    Arrowood LLP partner, Sarah B. Herlihy, is an experienced litigator and first-chair trial attorney, with a long track record of successful outcomes for her clients in state and federal court as well as in private arbitration and before state and federal agencies. Her colleagues and clients have described her as a “first-rate litigator and trial lawyer,” who is able to develop a “fantastic rapport with clients, witnesses and the court.”

    Sarah’s career has been focused on complex civil litigation matters, with deep knowledge and experience in a wide variety of complex employment issues. She frequently advises clients on matters concerning the theft of trade secrets, violations of non-compete agreements, discrimination claims and wage act claims.

    Sarah has also represented clients involved in diverse commercial litigation matters, including closely-held company disputes, breach of contract and fiduciary duty claims. She has represented a wide range of clients, from Fortune 50 companies to individuals.

    Sarah’s extensive experience includes working with clients in the financial services, pharmaceutical, biotechnology and computer software industries. Her clients rely on her ability to translate complex facts and technical issues into a narrative that is both compelling and easily understood by a court or jury. Sarah’s broad client and industry experience allows her to offer a “wide lens” perspective to her clients.

    Prior to joining Arrowood LLP, Sarah had a successful career as a commercial litigator at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; as an employment law and trade secret litigator at the national law firm Jackson Lewis P.C.; and at a boutique employment law firm.

    Notable Cases

    • Jury verdict awarding her client damages on counterclaims asserted after her client had been sued
    • Jury verdict in favor of her client, a Fortune 50 company, in an employment discrimination litigation following a two-week jury trial
    • Jury verdict in favor of her client, an individual lab director, in the only civil case yet to go to trial following the disclosure of problems with a rogue chemist at the Massachusetts drug lab
    • Favorable verdict on damages at trial for a client in an FLSA matter where liability was not contested, including obtaining a significant reduction in the legal fees sought by plaintiff
    • Dismissal of a case against her client based on the argument that a non-compete could not be enforced against an employee after the employer company was sold
    • Summary judgment in favor of her client, a biotechnology company, dismissing a disability discrimination claim in federal court
    • Summary judgment for her client in a complex employment discrimination case involving a joint employer theory, with the appeal of the decision dismissed on motion for summary disposition at the First Circuit
    • Summary judgment in favor of her client defeating a former employee’s claim that he was entitled to a bonus and treble damages under the Wage Act
    • Preliminary injunction benefitting her client enforcing a restrictive covenant against a salesperson who left for a competitor after downloading client information on his last day of employment
    • Successful motion in limine that excluded an opposing party’s expert – ultimately defeated a claim for over $200 million in damages and a request for a permanent injunction in connection with a theft of trade secrets related to a medical device component
    • Preliminary injunction for client after multi-day evidentiary hearing in federal court in dispute between two property maintenance companies

    Honors and Awards

    • Massachusetts Super Lawyer for Employment Litigation, 2015 – present
    • 2012 Rising Star, Super Lawyers
    • Rotary Foundation Scholar
    • William Randolph Hearst United States Senate Program Scholar

    Publications and Lectures

    • Speaker, “Social Media & Technology Policies in the Workplace” and “Social Media is Key to Effective Discovery,” ABA TECHSHOW, 2016
    • Speaker, “The Supremes: A Year in Review of Labor & Employment Cases,” Boston Bar Association, 2016
    • Presenter to client’s in-house counsel team, “Ethics for In-House Counsel”
    • “Choice of Law for Employment Lawyers,” Boston Bar Association
    • “Risky Business: Contract Provisions Which May Seem Harmless But Can Wreak Havoc,” Association of Corporate Counsel (Northeast Chapter)
    • Speaker, “Hot Topics in Trade Secrets and Restrictive Covenants,” Boston Bar Association, 2014

    Voluntary and Civic Involvement

    Civic engagement has been a large part of Sarah’s life since high school. In recent years, she has been actively involved in her local civic association and college alumnae association.

    As president of the civic association, Sarah negotiated a merger with the local parks group and obtained 501(c)(3) status for the combined group. During her presidency, Sarah led the association through a controversial development proposal that ended with strong community support for a significantly modified project and a record contribution from the developer to support the association and local parks improvements. Sarah remains responsible for development issues for the association, working closely with elected officials on the impact of development on residents.

    As the secretary and career liaison for the Bryn Mawr Alumnae Association, Sarah was part of the board that provided continuity during a period of transition that involved the departure of the association’s long-term executive director and the launch of a new career center.

    Personal

    Sarah lives with her husband in Boston’s smallest neighborhood in a house that used to be a classy nightclub. Rumor has it that Madonna and Liza Minelli have both had a cocktail after their shows in what is now Sarah’s kitchen. While she loves urban living, Sarah maintains a strong connection to her hometown in southern Maine where she gardens during the summer.

     

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