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Sarah B. Herlihy

Of Counsel

P 617-305-1296
F 617-367-2155


Sarah B. Herlihy is Of Counsel in the Boston, Massachusetts, office of Jackson Lewis P.C. She practices employment litigation, with a particular emphasis on disputes involving the theft of trade secrets, enforcement of restrictive covenants and breaches of fiduciary duty.

Ms. Herlihy also represents employers with respect to other areas of employment litigation, including claims of wrongful termination, breach of fiduciary duty, discrimination and wage and hour violations. She has helped numerous companies, particularly in the technology, financial and professional services sectors, resolve issues related to the theft or misuse of confidential and trade secret information.

Ms. Herlihy works with her clients to quickly but thoroughly understand the technology or confidential information at issue so that her clients are best positioned when a claim must be brought or defended. If litigation does commence, Ms. Herlihy has extensive experience pursuing and defending motions for preliminary injunction, which are often critical to a restrictive covenant or trade secret claim. If litigation cannot be avoided or resolved at or before the preliminary injunction stage, Ms. Herlihy has experience successfully bringing complex trade secret and restrictive covenant claims to trial and to appeal.

Ms. Herlihy regularly litigates in both state and federal court, as well as before various governmental agencies including the Massachusetts Commission Against Discrimination and the United States Equal Employment Opportunity Commission. She has also represented management in employment arbitrations before the American Arbitration Association, and in other arbitration forums.

While at Bryn Mawr, Ms. Herlihy received academic scholarships from both the William Randolph Hearst Foundation and the Rotary Foundation. Her scholarship from the Rotary Foundation provided funding for Ms. Herlihy to live and study abroad for a year at the University of the Witwatersrand, in Johannesburg, South Africa.

Prior to joining Jackson Lewis, Ms. Herlihy practiced in the litigation department at Mintz Levin, a national law firm. During her time at Mintz Levin, Ms. Herlihy tried numerous cases, including in Massachusetts, Connecticut, New York, New Jersey and California.

Honors and Recognitions

Published Works

  • "Expanded Venue in the Business Litigation Session: Getting Your Case into the Business Session," Boston Bar Journal, Vol. 49, Is. 4 (Sept/Oct 2005) [Author]

See AllPublications

August 1, 2016

Groundhog Day for Massachusetts Non-Compete Reform

August 1, 2016

Once again, the Massachusetts legislature was unable to agree on non-compete reform legislation by the July 31, 2016, end of the current legislative session. The House and Senate had passed versions of non-compete reform that differed on key provisions. At the end of the session, however, the House and Senate failed to pass a compromise... Read More

July 27, 2016

Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts

July 27, 2016

Massachusetts finally may enact non-compete reform legislation. The current session of the General Court, the state’s legislature, ends on July 31, and the House and Senate have passed versions of non-compete reform legislation limiting non-compete agreements that differ on important points. If non-compete reform is to become a... Read More

See AllBlog Posts by Sarah B. Herlihy

Massachusetts Jury Returns Unprecedented $28 Million Verdict for Retaliation Claim
August 6, 2018

A Suffolk County jury recently awarded a Haitian–American nurse an unprecedented $28.2 million in total damages on her claim of retaliation against Brigham & Women’s Hospital, her former employer. At the same time, the jury rejected the nurse’s claim of race discrimination. Read More