Edwards Angell Palmer & Dodge

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Windy's practice focuses on representing employers and businesses involved in a variety of civil litigation, including labor and employment matters, commercial disputes and contract claims. Windy also advises clients on a broad range of employment and business issues in an effort to avoid potential litigation. She appears regularly in federal and state court and has tried both bench and jury trials.

• In August 2007, Windy obtained a multi-million dollar judgment in the Delaware Court of Chancery for the buyer of a leading radio station in the Florida market on its claims for fraud, breach of contract and breach of warranty against the seller of the station. In addition to damages and equitable relief, the award included attorneys' fees and costs of more than a million dollars.   
  
  
• Windy obtained a jury verdict in favor of clients sued for breach of contract, in which the plaintiff sought a percentage of their toll ticket advertisement business and treble damages for alleged unfair and deceptive trade practices. As a result of the verdict in their favor, the clients maintained ownership and control over their business, and were not required to pay any compensation to the plaintiff.
  
  
• Windy obtained a defense verdict after a bench trial for a large Boston hospital in which the plaintiff brought claims for personal injury on a premises liability theory.
  
  
• Windy has advised and successfully represented businesses and executives in matters involving non-competition and trade secret agreements. In one case, a former employer agreed to voluntarily dismiss its suit against the subsequent employer, in which it alleged that the employee had violated a non-compete and the client had interfered with the former employer's advantageous contractual relations. In other matters, after informal negotiations, litigation was not pursued because Windy was able to obtain favorable agreements for her clients.
  
  
• Windy has successfully defended numerous employers against claims for wrongful termination and discrimination, obtaining dismissals and favorable summary judgment rulings in a variety of employment claims. For example, Windy obtained a dismissal of all claims brought by retired employees against their former employer, claiming fraud and breach of the severance agreement signed by the employer. In a hybrid wrongful termination case, in which the plaintiff alleged disability discrimination and a breach of the duty of fair representation under §301 of the Labor Management Relations Act, Windy obtained a dismissal of all claims brought against a Dow 30 telecommunications company.
  
  
• Windy represented a national insurance company in a coverage dispute involving an exclusion that had not previously been interpreted by the appellate courts in Massachusetts. The District Court granted the insurer judgment on the pleadings, which was later affirmed by the First Circuit.
  
  
• Windy obtained a partial summary judgment decision and a subsequent favorable settlement for a medical device manufacturer in its claims for breach of contract, unfair competition, and anti-trust violations against a trade association.
  
  
• In a case undecided on the appellate level, in which a health care worker alleged a fear of exposure to a future disease, Windy obtained summary judgment on the plaintiff's damage claims arising out of the alleged exposure.
  
  
• Windy has also represented businesses, including manufacturers, professional corporations, customized services companies and a variety of employers, in claims for breach of contract, unfair competition, tortious interference with contractual relations, and other business related matters.
  

• "President Signs HIRE Act - Gives Employers Incentives To Make New Hires," co-author, Edwards Angell Palmer & Dodge Client Advisory, March 2010.
  
  
• "Arbitrability of Statutory Discrimination Claims," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Fall 2009.
  
  
• "Multi-Million Dollar Jury Verdicts Serve as Reminder to Beware of Retaliation Claims," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Summer 2009.
  
  
• "Risks of Romance," quoted, Best's Review, August 2009.
  
  
• "Pitfalls of Employer Measures Aimed at Avoiding Layoffs," co-author, Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Spring 2009.
  
  
• "Protect Your Business With Noncompetes," co-author, Boston Herald.com - Women's Business, March 1, 2007.
  
  
• "Employment Law Basics," co-author, ACC Docket, No. 10, November/December 2006.
  
  
• In October 2006, Windy was a guest lecturer in an ethics course for third-year law students at Boston University Law School. The class focused on ethical dilemmas faced by associates in big firms.
  
  
• "Employers Will Soon Face Burden of Maintaining Electronic Employment Applications," Edwards Angell Palmer & Dodge Labor & Employment Bulletin, Fall 2005.
  
  
• "A 'Nuts and Bolts' Review:  How to Evaluate a Discrimination Claim," presenter, CLE/CE Program, New York, August 2005.
  
  
• “Volunteer Workers May Bring Suit For Sexual Harassment in Massachusetts,” Edwards & Angell Client Update, May 2005.
  
  
• "Massachusetts Legislature Redefines Test For Independent Contractors," Edwards & Angell Client Update, May 2005.
  
  
• "Anti-Smoking Policies May Subject Employers to Liability," Edwards & Angell Labor and Employment Bulletin, Spring 2005.
  
  
• "Conducting Employee Background Checks Triggers Employer Obligations Under the Fair Credit Reporting Act," Edwards & Angell Labor and Employment Bulletin, Spring 2004.
  
  
• "Termination Of At-Will Contract Based on Intercepted E-Mail Does Not Violate Public Policy or the Electronic Communications Privacy Act," Edwards & Angell Labor and Employment Bulletin, 2004.
  
  
• "Employer's "No-Rehire" Policy for Employees Terminated for Misconduct is a Legitimate Non-Discriminatory Reason under the ADA," Edwards & Angell Labor and Employment Bulletin, 2004.
  
  
• "Driver Fatigue:  A New Area of Exposure For Employers," Edwards & Angell Labor and Employment Bulletin, Winter 2004.
  
  
• "The Class Action Lawsuit:  An Employer's Nightmare," Edwards & Angell Client Bulletin, February 2004.
  
  
• Windy regularly participates as a judge in moot court competitions at Suffolk University Law School. She has also participated in legal education programs for elementary and high school students.

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Prior to joining the firm's litigation and labor and employment groups in 2003, Windy was a law clerk to the Justices of the Superior Court from 1997 to 1998 and was associated with another law firm where she gained substantial litigation and trial experience. Prior to attending law school, Windy was active in athletics, in particular basketball, from grade school to the collegiate level.

Windy enjoys photography and traveling. Her photographs have documented everything from local landmarks in the United States and Europe to the weddings and children of family and friends.