Kevin C. Cain

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 general civil litigation, risk management, and regulatory compliance. I have represented Fortune 500 companies, private companies of all sizes, large insurance companies, and major Massachusetts law firms in a wide variety of litigation matters. Over the years I have gained a wealth of experience representing various professionals, businesses, and individuals.  I hold an AV Preeminent rating from Martindale-Hubbell.

I have been involved in numerous types of business litigation, including but not limited to, shareholder disputes, antitrust claims, business torts, contract disputes, employment matters, privacy/data breach, securities fraud matters, and fiduciary litigation. I have litigated intellectual property cases including disputes involving trademarks, domain name disputes, copyrights, and trade secrets. I have also litigated patent infringement claims. I am a registered patent attorney, a FINRA public arbitrator, and CIPP/US certified by the International Association of Privacy Professionals (“IAPP”).

In the area of professional liability, I have defended law firms and individual lawyers, including significant experience defending specialized practitioners such as patent attorneys. I have also defended real estate brokers, securities brokers, registered investment advisors, insurance brokers, architects, engineers and psychologists. I also incorporate my experience as a licensed private pilot in the representation of aircraft owners and pilots in Federal Aviation Administration Enforcement actions. I am an active member of the Aircraft Owners and Pilots Association panel counsel. I have represented aircraft owners, fixed base operators, repair facilities, pilots, flight instructors and aviation insurers in numerous civil cases and trials before the NTSB. I have served as New England regional counsel to British Airways and Alitalia Airlines for the defense of civil actions filed against the airlines in the New England region.

In addition to the above, I have enjoyed a challenging insurance defense practice in the defense of insurers in coverage and bad faith matters and their insureds in a myriad of general liability, D&O, EPL, environmental and toxic tort cases; including extensive experience in the defense of personal injury and property damage cases. I have had the pleasure of representing retailers, distributors, and product manufacturers in a number of cases alleging breach of warranty and negligent design and manufacture.

I have tried high exposure cases to verdict in state and federal court in Massachusetts and Rhode Island and in federal court in the state New York. I have also litigated in state courts in Ohio, New Hampshire, Maine, and Vermont.

Areas of Practice

30% General Civil Litigation
20% Professional Liability
20% General Business
20% Insurance/Risk Management
10% Intellectual Property

Litigation Percentage

90% of Practice Devoted to Litigation

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

CONCORD, NH

9 Capitol St. & 29 School St.
Concord, NH 03301
Phone: 603-223-2800
Directions


GORHAM, NH

30 Exchange St.
Gorham, NH 03581
Phone: 603-466-5946
Directions

LITTLETON, NH

2 Union Street, The Opera House
Littleton, NH 03561
Phone: 603-575-5523
Directions

BOSTON, MA

265 Franklin St., Suite 1702
Boston, MA 02110
Phone: 781-320-5400
Directions

PORTLAND, ME

477 Congress St.
Portland, ME 04101
Phone: 207-773-8890
Directions

NEEDHAM, MA

50 Cabot St., Suite 204
Needham, MA 02494
Phone: 781-320-5400
Directions

PROVIDENCE, RI

40 Westminster St. Suite 201
Providence, RI 02903
Phone: 401-421-7110
Directions