Kevin C. Cain

EMAIL:     Kcain@Cainlawoffices.com

TELEPHONE:   (617) 803-5416

Biography

My practice focuses on civil litigation, principally in the State and Federal Courts of Massachusetts and Rhode Island. I also provide counsel to clients involved in business and real estate transactions, aviation matters, employment, intellectual property, regulatory compliance, and risk management. I have significant experience in the direct defense of insurers, principally defending bad faith matters. I have also defended insureds in a myriad of general liability, product liability, professional liability, construction, environmental, and toxic tort cases.

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

I have represented numerous private individuals and businesses in shareholder disputes, business torts, antitrust matters, contract disputes, and employment matters.  

I currently handle certain intellectual property matters for a number of businesses prosecuting copyright and trademark applications, and insure that all necessary maintenance filings are made on a timely basis.  I have experience enforcing trademark rights, copyrights, domain name disputes, protection of trade secrets, and 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 lawyers and tax attorneys. I have also defended real estate brokers, securities brokers, registered investment advisors, insurance brokers, architects, engineers, and psychologists.

I have tried high exposure cases to verdict in state and federal court in Massachusetts and Rhode Island and in federal court in the Northern District of New York.  I have litigated matters in federal court in Connecticut and in the state courts of Ohio, New Hampshire, Maine, and Vermont.  Additionally, I have tried FAA enforcement actions to verdict before NTSB Administrative Law Judges.

I am AV rated, the highest possible peer rating published by Martindale-Hubble’s AV Preeminent Peer Review Rating used to recognize the top 5% of lawyers for their legal ability and ethical standard for over 100 years. I have been very fortunate to have been recognized multiple times as a Super Lawyer in Massachusetts. Super Lawyers is a peer review rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

EDUCATION:

BOSTON COLLEGE LAW SCHOOL, MA
J.D., Cum Laude, 1987

BOSTON COLLEGE
School of Management
B.S. – Finance/Philosophy, 1984

BAR ADMISSIONS:

Massachusetts (#550055), 12/27/1987

Rhode Island (#3960), 10/31/1988

California (#200157), 12/29/1998

United States District Court, District of Massachusetts, 01/26/1988

United States Court of Appeals for the First Circuit, 1988 (CA1 #42200)

United States District Court, District of Rhode Island, 1989

United States District Court, Northern District of New York, 1996

United States Patent and Trademark Office (#51,524), 08/05/2002

United States Court of Appeals for the Federal Circuit, 03/07/2005

United States District Court for the District of Connecticut (#ct29261), 07/01/2013

PUBLICATIONS:

Federation of Defense and Corporate Counsel (“FDCC”) – The Defend Trade Secrets Act of 2016 (presented at FDCC 2017 Winter Meeting);

Federation of Defense and Corporate Counsel (“FDCC”) – Sticks and Stones May Break One’s Bones, But Words can Ruin a Business: Protecting Your Client from Commercial Disparagement (presented at FDCC 2016 Winter Meeting);

Professional Liability Defense Federation (“PLDF”): 50 State Survey: Lawyers’ Liability to Third Parties 2016 (Rhode Island Law on Privity Requirement and exceptions);

Professional Liability Defense Federation (“PLDF”): 50 State Survey: Accountant’s Liability to Third Parties 2016 (Rhode Island Law chapter);

Defense Research Institute (DRI) Duty to Defend: A State-by-State Compendium 2015 (Rhode Island Law on Duty to Defend);

Defense Research Institute (“DRI”) Trade Secrets and Agreements Not to Compete: A State-by-State Compendium (Massachusetts Trade Secrets and Non-Competes) (2012);

Defense Research Institute (“DRI”) Trade Secrets and Agreements Not to Compete: A State-by-State Compendium (2009) (Massachusetts Non-Competes);

Defense Research Institute (“DRI”) Intellectual Property Compendium (2007) – Licensing Destruction – practical significance of MedImmune, Inc. v. Genentech, Inc., 127 S.Ct. 764 (2007);

Defense Research Institute (“DRI”) Intellectual Property Compendium (November 2006) – Attorney Fees in Copyright Cases: Considerations for Defendants and Their Attorneys;

Boston Bar Journal (May/June 1995) – Analysis Of The 1993 Amendments To The Massachusetts Lead Paint Law;

Uniform Commercial Code Reporter Digest.
(Published By Matthew Bender – Staff Writer, 1986-1987).

PROFESSIONAL ORGANIZATIONS:

Aircraft Owners and Pilots Association (Panel Counsel)

American Bar Association

American Intellectual Property Law Association

Claims and Litigation Management Alliance (“CLM”)

Defense Research Institute (“DRI”)

Federation of Defense and Corporate Counsel (“FDCC”)

FINRA – Public Arbitrator

International Association of Privacy Professionals (CIPP/US Certified)

Massachusetts Bar Association

Professional Liability Defense Federation (“PLDF”)

Rhode Island Bar Association