Litigation Attorney, Needham, MA, Kevin C. Cain

Kevin C. Cain

Member

Location: Needham, Massachusetts
Phone: 781-320-5400
Fax: 781-320-5444
Email: kcain@sulloway.com

My practice focuses on civil litigation, insurance coverage, and the defense of bad faith claims.   I also counsel clients involved in business and real estate transactions, aviation matters, employment issues, intellectual property, regulatory compliance, and risk management.  In the bad faith arena, I have particular experience counseling and defending insurers against claims under Chapters 93A and 176D of the Massachusetts General Laws, including claims for unfair settlement practices and duty to defend disputes.  Together with my colleagues in the Sulloway & Hollis Insurance Coverage and Bad Faith Practice Group, I provide advice to insurers presented with complex coverage and enterprise matters throughout Southern New England.

I have significant civil litigation experience, including the defense of insureds in a myriad of general liability, product liability, construction, professional liability, environmental and toxic tort cases.  Additionally, I have litigated shareholder disputes, business torts, antitrust matters, contract disputes, and employment matters. I also handle intellectual property cases, including the prosecution of copyright and trademark applications, enforcement of trademarks, copyrights, domain name disputes, protection of trade secrets, and patent infringement claims. I am a registered patent attorney.

In the area of professional liability, I have defended law firms and individual lawyers, including significant experience defending specialized practitioners such as patent lawyers and tax attorneys. I have also defended real estate brokers, securities brokers, registered investment advisors, insurance brokers, architects, engineers and psychologists.

I have incorporated my experience as a licensed private pilot in my representation of airlines, fixed base operators, repair facilities, flight instructors, and aviation insurers in civil matters and before the NTSB in FAA enforcement actions. I serve as panel counsel for the Aircraft Owners and Pilots Association (“AOPA”).

I have tried cases to verdict in state and federal courts in Massachusetts, Rhode Island and in Federal Court in the Northern District of New York.

Areas of Practice

General Civil Litigation
Insurance/Risk Management
Professional Liability
General Business
Intellectual Property

Bar Admissions

Massachusetts, 1987
Rhode Island, 1988
California, 1988
U.S. District Court District of Massachusetts, 1988
U.S. Court of Appeals 1st Circuit, 1988
U.S. District Court District of Rhode Island, 1989
U.S. District Court Northern District of New York, 1996
U.S. Patent and Trademark Office, 2002
U.S. Court of Appeals Federal Circuit, 2005
U.S. District Court District of Connecticut, 2014

Education

Boston College Law School, Boston, Massachusetts
J.D. cum laude – 1987

Boston College
B.S. – 1984
Major: Finance
Major: Philosophy

Published Works

  • Analysis of the 1993 Amendments to the Massachusetts Lend Point Law, Boston Bar Journal, May/June, 1995
  • Sticks and Stones May Break One’s Bones, But Words can Ruin a Business: Protecting Your Client from Commercial Disparagement, Federation of Defense and Corporate Counsel (“FDCC”) , 2016
  • 50 State Survey: Lawyers’ Liability to Third Parties, Professional Liability Defense Federation (“PLDF”), 2016
  • 50 State Survey: Accountant’s Liability to Third Parties, Professional Liability Defense Federation (“PLDF”), 2016
  • Duty to Defend: A State-by-State Compendium, Defense Research Institute (DRI), 2015
  • Trade Secrets and Agreements Not to Compete: A State-by-State Compendium, Defense Research Institute (“DRI”), 2012
  • Trade Secrets and Agreements Not to Compete: A State-by-State Compendium, Defense Research Institute (“DRI”), 2009
  • Intellectual Property Compendium (2007) – Licensing Destruction – practical significance of MedImmune, Inc. v. Genentech, Inc., Defense Research Institute (“DRI”), 127 S.Ct. 764, 2007
  • Intellectual Property Compendium – Attorney Fees in Copyright Cases: Considerations for Defendants and Their Attorneys, Defense Research Institute (“DRI”), November, 2006
  • Analysis Of The 1993 Amendments To The Massachusetts Lead Paint Law, Boston Bar Journal, May/June, 1995
  • Staff Writer, Uniform Commercial Code Reporter Digest, Matthew Bender, 1986-1987

Representative Cases

Representative Clients

  • British Airways
  • Aircrafts Owners and Pilots Association
  • Ford Motor Credit
  • OneBeacon Insurance Group

Honors and Awards

  • Massachusetts Super Lawyers Selection, 2004, 2014, 2015
  • AV Preeminent Rated, Martindale-Hubbell

Professional Associations and Memberships

  • Aircraft Owners and Pilots Association, Panel Counsel
  • American Bar Association, Member
  • American Intellectual Property Law Association, Member
  • American Arbitration Association, Member
  • Federation of Defense and Corporate Counsel, Member, 2015 – 2016
  • FINRA, Public Arbitrator, 2014 – 2016
  • Massachusetts Bar Association, Member
  • Rhode Island Bar Association, Member
  • California Bar Association, Member
  • Lawyer/Pilots Bar Association, Member
  • Claims and Litigation Management Alliance (“CLM”)
  • International Association of Privacy Professionals (CIPP/US Certified)
  • Professional Liability Defense Federation (“PLDF”)

Past Employment Positions

  • Zizik Professional Corporation, Partner, 2013 – 2016
  • Peabody & Arnold, LLP, Partner, 1995 – 2013
  • Parker, Coulter, Daley & White, Boston, MA, Partner, 1994 – 1995
  • Parker, Coulter, Daley & White, Boston, MA, Associate, 1987 – 1994