Matthew J. Fogelman is a founding partner of Fogelman Law LLC. His litigation practice focuses on employment law and personal injury, and he is widely recognized as an experienced and respected trial attorney.
“Lawyers often talk about standing up for the little guy, and sometimes that sounds like a cliché. But for me, and for our firm, it’s why we do this work. We advocate for those who have been wronged, and we do not back down.”
He has successfully handled numerous high-profile cases on behalf of plaintiffs, including a landmark disability discrimination win before the Massachusetts Supreme Judicial Court involving an employee’s right to use medical marijuana off-site. In 2024, he reached a catastrophic injury settlement of $11.5 million, one of the largest in the state that year.
Other notable results include:
- $2.5 million in a race and gender discrimination case (Middlesex County)
- $1.2 million age discrimination trial verdict (Norfolk County)
- $2.2 million settlement in a wrongful death/dram shop case
For his work on the Barbuto medical marijuana case, Mr. Fogelman was named one of Massachusetts Lawyers Weekly’s “Lawyers of the Year” (2017) and received USA500’s “Professional Achievement” Award, selected from over 650 members.
He has been selected as a “Top 100 Super Lawyer” for both Massachusetts and New England for eight consecutive years (2018–2025), a distinction awarded to only 100 attorneys out of nearly 44,000 in Massachusetts and 80,000 across New England.
In the employment arena, Mr. Fogelman litigates a wide range of cases including:
- Discrimination, harassment, and retaliation
- Wage Act and overtime violations
- Severance agreements and non-compete reviews
In personal injury, he has deep experience with:
- Catastrophic injury and wrongful death
- Sexual abuse and emotionally sensitive cases
- Car crashes, slips and falls, and dog bites
Mr. Fogelman currently serves as Vice President of the Massachusetts Association of Trial Attorneys (MATA) and is set to become President in 2026.
About My Practice
In employment cases, companies often act like there are no consequences for breaking the law, discriminating against employees, retaliating against whistleblowers, or denying workers the wages they’re owed. They assume people will be too afraid or too unsure to push back. And in personal injury matters, insurance companies rely on their size and legal teams to delay or deny fair compensation, no matter how serious the harm that’s been done.
That’s where we come in.
We see it as our mission to level the playing field, to help individuals take on powerful institutions and get the justice they deserve. We don’t back down from tough fights. We care deeply about our clients, and we’re committed to seeing every case through.
Education
- J.D. (cum laude), Boston College Law School, 2002
Member of the Third World Law Journal - B.A. (English), Wesleyan University, 1997
Editor-in-chief of the newspaper, the Wesleyan Argus
Admissions
- All Massachusetts State Courts
- All New York State Courts
- Federal District Court for the District of Massachusetts
- Federal District Court for the District of New York
- United States Supreme Court
Memberships
- Massachusetts Academy of Trial Attorneys (MATA)
Member, Board of Governors - Massachusetts Employment Lawyers Association (MELA)
Previous Experience
- Associate, Todd & Weld LLP
- Associate, Bingham McCutchen
Awards
- Top 100 Super Lawyer for Massachusetts, 2018-2025
- Massachusetts Lawyers Weekly, Matthew J. Fogelman “Lawyer of the Year” for 2017 (January 22, 2018)
- Named a New England and Massachusetts “Super Lawyer” in employment law for five consecutive years, 2014-2018
- USA500 Lawyer of the Year for 2017
- Named a “Massachusetts Super Lawyers Rising Star” by Boston Magazine for four consecutive years, 2007, 2010-2013
Guest Lectures, Panels & Speaking Engagements
- Massachusetts Continuing Legal Education: 28th Annual Employment Law Conference – Discrimination Law Update 2025 (December 5, 2025)
- Massachusetts Continuing Legal Education: Litigators’ Guide to Experts in Civil Cases (April 1, 2025)
- Massachusetts Continuing Legal Education: Defending & Attacking Constructive Discharge (February 6, 2024)
- Massachusetts Continuing Legal Education: Raising the Inference of Discrimination (September 21, 2023)
- Massachusetts Continuing Legal Education: 22nd Annual Employment Law Conference – Contract, Tort, Wage and Hour, and Legislative Update 2019 (December 6, 2019)
- Babson College: Guest lecturer on employment law for “Business Law” (2019)
- Massachusetts Continuing Legal Education: Substance Use & Abuse in the Workplace (October 18, 2018)
- September 6, 2018 – “Marijuana and the Workplace.” Presented to 100+ HR professionals, who comprise the Greater Merrimack Valley Human Resource Association (GMVHRA)
- May 3, 2018 – Employment Law and the Barbuto Case. Panelist on the annual MATA-MDL “Both Sides of the Bar” event
- March 3, 2016 – Panelist on the annual MATA-MDL “Both Sides of the Bar” event
- Bay State College: Guest lecturer for “Legal and Ethical Essentials of Health Care Administration” (January 23, 2015)
- Newton Needham Chamber of Commerce’s Lawyer Council: How to Leverage Internet Marketing for Your Law Practice & Business (March 1, 2011)
News, Radio, and Podcast Segments
Interviewed
- Fridays with Keenan’s Cutting Edge, Race/gender discrimination and retaliation case with Matthew Fogelman (September 25, 2023)
- WCVB Chronicle 5, Cristine Barbuto alleges she was fired for using medical marijuana (October 6, 2015)
- WGBH, Fired On Day One For Medical Marijuana (June 1, 2015)
- Fox News, Fox 25 – Bridgewater Day Care Center sexual abuse scandal (April 3, 2015)
- NBC News, Hank Investigates – on illegal amenity fees (February 9, 2012)
Quoted
- WBUR Radio, Medical Marijuana Complaint Against Employer Reveals Legal Gray Area In Mass. Pot Law (June 1, 2015)
Articles
Authored
- MATA Journal, Panel voir dire: an opportunity for all trial lawyers (March 2022)
- Massachusetts Lawyers Weekly, COVID-19: an employee’s rights, an employer’s obligation (April 6, 2020)
- The Boston Globe, Letter to the Editor: Past failure overshadows Scouts’ strides in protecting youth from abuse (November 7, 2012)
- MATA Journal, SJC clarifies errata sheets (February 2012)
- Published article in the University of Alabama Law School’s Journal of the Legal Profession concerning sleeping criminal defense attorneys, as well as numerous other articles.
Featured
- Massachusetts Lawyers Weekly, Encore Boston hotel may be liable for sexual assault of guest (October 7, 2025)
- Massachusetts Lawyers Weekly, Go To Lawyers: Matthew J. Fogelman (February 25, 2025)
- Plymouth Independent, Three families sue Plymouth pre-school, alleging a teacher mistreated children (October 7, 2024)
- Massachusetts Lawyers Weekly, Man leaves bar after 9 beers, drowns in body of water (August 16, 2024)
- Massachusetts Lawyers Weekly, Truck driver paralyzed delivering merchandise to store (April 19, 2024)
- The Boston Globe, Ousted Wayland school superintendent files lawsuit against town, alleging hostile racial environment (March 13, 2024).
- The Justice, Former Brandeis employee wins discrimination lawsuit (September 12, 2023)
- The Boston Globe, Victim of shooting outside Burke High School sues city, BPS officials (September 11, 2023)
- Massachusetts Lawyers Weekly, Jury finds university discriminated against HR employee (September 7, 2023)
- The Boston Globe, Jury awards former Brandeis administrator $2.46 million in discrimination case (September 2, 2023)
- The Justice, Former Brandeis employee wins discrimination lawsuit (September 12, 2023)
- The New York Times, Mario Batali Settles 2 Sexual Misconduct Lawsuits (August 24, 2022)
- Massachusetts Lawyers Weekly, Celebrity chef settles Mass. sexual assault suits (August 26, 2022)
- Reuters, Celebrity chef Mario Batali settles sexual assault lawsuits in Boston (August 24, 2022)
- Massachusetts Lawyers Weekly, Arbitrator to decide arbitrability of employee’s sex-bias claim (October 22, 2020)
- Massachusetts Lawyers Weekly, SJC eyes standard for setting aside jury verdict in PI case (October 15, 2020)
- Massachusetts Lawyers Weekly, Arbitration decision in favor of Boston principal affirmed (September 2, 2020)
- Massachusetts Lawyers Weekly, Will phrase ‘OK Boomer’ result in lawsuits? Lawyers weigh in (December 5, 2019)
- Good Morning America, Woman fired while struggling with postpartum depression wins lawsuit (October 17, 2019)
- Brockton Enterprise, Brockton mom with postpartum depression wins lawsuit after losing BU job (October 13, 2019)
- Massachusetts Lawyers Weekly, Popular professional networking group, former president embroiled in suit (May 23, 2019)
- The New York Times, Mario Batali Charged With Assault and Battery in 2017 Case (May 23, 2019)
- People, Mario Batali Sued and Under Criminal Investigation in Boston for Alleged Groping (August 24, 2018)
- The Boston Globe, A deaf softball pitcher was kicked off Newbury College’s team. Now she’s suing (April 26, 2018)
- CNN News, Mario Batali sued by woman who claims he groped her (August 24, 2018)
- New York Daily News, Mario Batali accused of sexually assaulting woman while taking selfie together in Boston pub (August 23, 2018)
- The Boston Globe, Massachusetts woman sues Mario Batali, accuses him of sexually assaulting her in Boston (August 23, 2018)
- Massachusetts Lawyers Weekly, Matthew J. Fogelman “Lawyer of the Year” for 2017 (January 22, 2018)
- Massachusetts Lawyers Weekly, Jury awards $1.2M to auto mechanic in age-bias case (January 11, 2018)
- The Berkshire Eagle, Adams-Cheshire Regional ready to hear further claims of abuse by junior high janitor (August 23, 2017)
- The Berkshire Eagle, Dark secrets surface: Two boys, now men, claim abuse by school custodian in the 1970s (August 19, 2017)
- Law360, Bias Ruling Casts Doubt On Blanket Workplace Pot Bans (July 18, 2017)
- Reuters, Massachusetts court rules for woman fired for medical marijuana use (July 17, 2017)
- Law360, Mass. Justices Say Medical Marijuana Users Can Sue For Bias (July 17, 2017)
- Ganjapreneur, Lawyers in Massachusetts MMJ-Employment Case Explain Significance of Ruling (July 21, 2017)
- CBS News, Court: Employers Can’t Fire Workers For Using Medical Pot (July 17, 2017)
- Business Insurance, Employers urged to re-examine drug policies after Massachusetts court ruling (July 26, 2017)
- Boston Business Journal, SJC rules in favor of employee fired for using medical marijuana (July 17, 2017)
- Boston Herald, High court mulls firing of marijuana users (March 10, 2017)
- The Boston Globe, Mass. high court hears case of woman fired over medical marijuana use (March 9, 2017)
- Massachusetts Lawyers Weekly, Lawyers who prevail in class action for renters see attorneys’ fees slashed (March 3, 2016)
- Massachusetts Lawyers Weekly, SJC case spotlights worker’s off-duty use of ‘medical pot’ (March 2, 2017)
- CBS News, Mass. Woman Fired For Using Medical Marijuana (September 17, 2015)
- The Springfield Republican/MassLive.com, Medical marijuana patient sues company over firing for drug use (September 14, 2015)
- Fox News, Brewster woman says she was fired for using prescribed medical marijuana (September 14, 2015)
- The Boston Globe, Woman fights medical marijuana firing (May 22, 2015)
- Massachusetts Lawyers Weekly, Suits target landlord ‘amenities fees’ (June 7, 2012)
Quoted In
- Massachusetts Lawyers Weekly, Employer can’t compel arbitration in harassment suit (September 24, 2025)
- Massachusetts Lawyers Weekly, Remote exec can bring bias claim against California employer in Massachusetts (March 27, 2025)
- Massachusetts Lawyers Weekly, Suit over inflight beverage cart injury time-barred (March 20, 2025)
- Massachusetts Lawyers Weekly, Bar: SJC’s ruling on ‘high-low’ agreement offers useful instruction (January 16, 2025)
- Massachusetts Lawyers Weekly, Casino can’t be sued for gambler’s off-site holdup (December 1, 2024)
- Massachusetts Lawyers Weekly, Attorneys doubt SJC will open door widely to probes of high-low agreements (October 10, 2024)
- Massachusetts Lawyers Weekly, Nondisclosure of harassment suit in bankruptcy filing doesn’t void claim (June 7, 2024)
- Massachusetts Lawyers Weekly, Loss of source code section spawns successful spoliation motion (May 24, 2024)
- Massachusetts Lawyers Weekly, Revised rule underscores judges’ vetting of experts (December 15, 2023)
- The Boston Globe, The suspension of the state’s top cannabis regulator was unprecedented. But was it legal? (September 22, 2023)
- Massachusetts Lawyers Weekly, Tenants’ class action can proceed over application fee (March 1, 2023)
- Massachusetts Lawyers Weekly, ‘Spotlight’ attorney handed a win, along with a scolding (September 9, 2022)
- Massachusetts Lawyers Weekly, Title VII retaliation claim reinstated (March 11, 20222)
- Massachusetts Lawyers Weekly, Retaliation claim can proceed vs. health care organization (December 9, 2021)
- Massachusetts Lawyers Weekly, BU professor can’t bring defamation claim against wire service (September 30, 2021)
- Massachusetts Lawyers Weekly, Gig worker bound by ‘clickwrap’ arbitration agreement (April 1, 2021)
- Massachusetts Lawyers Weekly, Sovereign immunity shields MBTA from misclassification claim (July 9, 2020)
- Massachusetts Lawyers Weekly, Marketing company not joint employer of subcontractor’s salesforce (April 22, 2020)
- Massachusetts Lawyers Weekly, Exec not discharged in bad faith, says 1st Circuit (December 12, 2019)
- Massachusetts Lawyers Weekly, Investigator’s report discoverable in MGH retaliation case (September 26, 2019)
- Star Tribune, Batali accuser’s attorneys: Chef must be held accountable (May 23, 2019)
- Massachusetts Lawyers Weekly, #MeToo, voir dire seen as part of big-verdict bonanza (January 24, 2019)
- Massachusetts Lawyers Weekly, Teacher can depose school personnel over adverse actions vs. other employees (March 7, 2018)
- Bloomberg Law, UPS Medical Pot User Hopes to Expand Judge’s Mind (February 20, 2018)
- The Berkshire Eagle, Adams-Cheshire school officials drop sexual abuse probe (January 9, 2018)
- The Berkshire Eagle, Adams-Cheshire School Committee to investigate new claims of sexual abuse in ‘70s (September 12, 2017)
- Runner’s World, Lawsuit Against New York Road Runners Raises Questions About Race Drawing (January 22, 2016)
- Massachusetts Lawyers Weekly, Can a worker be fired for pot use? (September 17, 2015)
- Boston Herald, Fee for files leads to suit vs. MBTA (September 14, 2015)
- New York Law Journal, Law Firm Sued Over Text Message Ads (October 20, 2014)
- Massachusetts Lawyers Weekly, Settlement offer rejection doesn’t bar class recovery (June 26, 2013)
- Massachusetts Lawyers Weekly, ‘Fired’ law firm goes after clients for cut in $3B deal (June 6, 2013)
- The Boston Globe, Boy Scout files stir painful memories of abuse (November 18, 2012)
- The Boston Globe, Boy Scout files reveal legacy of abuse (October 20, 2012)
- Brockton Enterprise, Former East Bridgewater bartender claims sexual harassment (September 15, 2011)
- Newburyport Daily News, Boys and Girls Club Lawsuit alleges wrongful firing (April 19, 2011)
- The Boston Globe, City revamps way airport sells liquor (September 16, 2010)
- The Boston Globe, My former employer isn’t paying me my commission (February 10, 2010)
- Hingham Journal, Chipotle restaurant coming to Derby Street Shoppes (November 20, 2009)
Cited/Mentioned
- Massachusetts Lawyers Weekly, Employment – Retaliation – Causation: Massachusetts Commission Against Discrimination, et al. v. Acton Auto Body, et al. (November 6, 2024)
- Massachusetts Lawyers Weekly, Employer denies leave extension, terminates new mother with depression: Alves v. Trustees of Boston University (November 14, 2019)
- Massachusetts Lawyers Weekly, Employment – Wage Act – Individual liability: Segal v. Genitrix, LLC, et al. (December 29, 2017)
- Massachusetts Lawyers Weekly, Employment – Medical marijuana – Disability – Discrimination: Barbuto v. Advantage Sales and Marketing, LLC, et al. (July 18, 2017)
- Massachusetts Lawyers Weekly, Landlord and tenant – Fees – Security deposit – G.L.c. 93A: Heien, et al. v. Archstone, et al. (September 15, 2016)
- Massachusetts Lawyers Weekly, Greater Boston Legal Services nets $387.5K from rental case (April 21, 2016)
- Massachusetts Lawyers Weekly, target=”_blank” rel=”nofollow noopener noreferrer”Employment – Whistleblower – False Claims Act: United States ex rel. Hamrick v. GlaxoSmithKline (February 18, 2015)
- Massachusetts Lawyers Weekly, Insurance – Severance – G.L.c. 176D: Santacroce v. Sametz, et al. (November 4, 2014)
- Boston Herald, Judge says Equity’s tenant fees illegal (August 29, 2014)
- The Eagle Tribune Online, Haverhill shocked by sex charges against former library director; Howard Curtis due in court next week (March 6, 2008)