Daryl J. Lapp

Daryl Lapp is a litigator whose practice principally involves the representation of colleges, universities and independent schools in connection with Title IX, employment discrimination, personal injury, civil rights, breach of contract, real estate and other claims. Daryl regularly advises education clients outside of litigation, principally on issues relating to faculty and staff employment matters; student conduct matters; at-risk students; and compliance with federal and state anti-discrimination, privacy, campus security and other laws. He also regularly works with educational clients in connection with investigations by federal and state agencies and matters of institutional governance.

Daryl has been recognized by The Best Lawyers in America® in the areas of Employment Law – Management (since 2017) and Education Law (since 2007). He was named the 2019 and 2021 Boston Education Law Lawyer of the Year by The Best Lawyers in America®.

In addition to his education practice, Daryl handles other litigation matters, including employment matters and commercial disputes. He formerly Co-Chaired the Firm's Litigation Department.

Daryl's experience includes:

• Defended a university against breach of contract and discrimination claims arising from the university’s suspension of an athletic team for hazing activity. The case was dismissed after the athletes’ motion for preliminary injunction was denied
• Represented three universities in a lawsuit against the Massachusetts Department of Revenue to overturn a DOR ruling that disqualified the universities from receiving millions of dollars in environmental tax credits. Obtained a declaratory judgment in the Superior Court, which was affirmed on appeal
• Defended a university and several administrators against breach of contract and other claims arising from an alleged sexual assault on campus. Obtained summary judgment on all counts, which was upheld on appeal to the Massachusetts Supreme Judicial Court
• Defended a university against breach of contract and other claims arising from a real estate development project. Obtained judgment for the university following a two-week bench trial and defeated plaintiff's appeal
• Defended a university in a three-week jury trial involving claims of gender discrimination and retaliation asserted by a lecturer who repeatedly was denied appointment to the faculty. Obtained a defense verdict on all claims at trial and defeated plaintiff's appeal
• Defended a university in a two-week jury trial involving claims of disability discrimination asserted by a computer programmer who alleged that the university failed to reasonably accommodate her disability. Obtained a defense verdict on all claims
• Defended a university against breach of contract, defamation and other claims asserted by a tenured faculty member who was terminated for his misuse of university credit cards. Obtained dismissal of all claims through motions to dismiss and for summary judgment and defeated plaintiff's appeal
• Defended a college against breach of contract and other claims asserted by a faculty member who was terminated for cause after pleading guilty to fraud. Defeated plaintiff's claim for injunctive relief, prevailed on a motion to dismiss the complaint, and defeated plaintiff's appeal
• Defended a university against claims seeking to establish the existence of a prescriptive easement across the university's property. Obtained a judgment in favor of the university following a trial in the Land Court
• Defended a university in three separate lawsuits alleging wrongful arrest and/or excessive force by campus police. Prevailed on motions to dismiss or for summary judgment in each case and defeated all three appeals
• Represented a university in an arbitration proceeding to enforce the terms of a license agreement with respect to the proceeds of a patent infringement action involving the licensed technology, securing a $4 million recovery for the university
• Defended the Town of Spencer in a two-week jury trial against breach of contract, civil rights and defamation claims arising from the Town's termination of much of its police force. Obtained a defense verdict on all disputed claims
• Defended the Town of Lexington against a constitutional challenge to the Town's regulations for use of its historic Battle Green for expressive purposes. Defeated plaintiff's motion for injunctive relief, obtained summary judgment on all claims and defeated plaintiff's appeal