KEVIN CAIN by sanmelody


									KEVIN C. CAIN
TELEPHONE: 617-951-2045 • FAX: 617-951-2125

         Partner, Litigation

         J.D., Cum Laude, 1987

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

         Partner, 1995 - present
         AV rating awarded by Martindale-Hubbell January 8, 1998

         Partner, 1994 - 1995
         Associate, 1987 - 1994

My practice focuses on general civil litigation. 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 broad base of experience representing various professionals, businesses, and individuals.

I have been involved in numerous types of business litigation, including but not limited to, shareholder disputes, business
torts, contract disputes, and employment matters. I have litigated intellectual property matters including the enforcement
of trademarks, 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. I have also defended real estate brokers, 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. I currently act 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 also enjoy a challenging insurance defense practice in the defense of insurers and their insureds
in a myriad of general liability, 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, and Maine. Representative
trials and summary judgments include:

Brian K. Crum v. Ford Motor Credit Company et al (Providence Superior Court C.A. No. 99-4617) (successful trial to
verdict representing Ford Motor Credit Company in catastrophic personal injury case with multi-million dollar exposure
prosecuted under the now repealed vicarious liability laws of Rhode Island which imposed potentially unlimited liability
on Ford Credit).

Reliant Airlines, Inc. et al v. County of Broome (United States District Court for the Northern District of New York C.A.
No. 90-CV-537) (Successful prosecution of claims asserted by Reliant Airlines to recover seven figure judgment for
property damage to Falcon 20 aircraft destroyed in runway overrun due to untreated ice on runway and incorrectly
reported braking action advisories).

Play Time, Inc. v. LDDS Communications, Inc. and Michael Eisemann (United States District Court for the District of
Massachusetts C.A. No. 96-2066) (Successful trial to verdict representing individual who retained ownership rights to
unique and commercially valuable 800 telephone number).

Richard Williams v. Richard Bihrle et al (Dukes County Superior Court C.A. Nos. 94-0081 cons. 95-0003) (Successful
trial to verdict of equipment retailer in product liability case involving a chainsaw sold by client to plaintiff who severed
his arm while using the product).

Fieldturf USA, Inc. et al v. David W. White and Son, Inc. (United States District Court for the District of Massachusetts
08 CA 11214 MLW) (Obtained voluntary dismissal after filing early summary judgment motion in Patent Infringement
case wherein plaintiff alleged defendant made an offer to sell plaintiff’s patented synthetic turf which conformed to the
specifications in public bidding documents).

William White et al v. R.M. Packer Company, Inc. (United States District Court for the District of Massachusetts 07-CV-
11601 RWZ) (Obtained summary judgment dismissing antitrust claims asserting price fixing in the sale of retail gasoline
on Martha’s Vineyard. Also obtained summary judgment on claims asserting price gouging under Massachusetts
regulatory law).

Massachusetts, 1987
Rhode Island, 1988
California, 1998
United States District Court, District Of Massachusetts, 1988
United States Court Of Appeals For The First Circuit, 1988
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, 2002
United States Court of Appeals For The Federal Circuit, 2005

Aircraft Owners And Pilots Association (Panel Counsel)
American Bar Association
American Intellectual Property Law Association
Massachusetts Bar Association
Rhode Island Bar Association
California Bar Association
Lawyer/Pilots Bar Association

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

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