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Kenneth Thayer

Kenneth N. Thayer


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Kenneth Thayer
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Ken provides strategic counsel and advocacy to clients in business, employment, environmental, and insurance matters. His clients include manufacturers, technology companies, marine industrial businesses, property owners, and insurance carriers, as well as government entities and individuals. Ken has experience resolving disputes involving commercial contracts, employment and non-compete agreements, fiduciary duties, trade secrets, consumer protection laws, and insurance coverage issues. In addition, he represents clients in environmental litigation and regulatory proceedings that involve state and federal laws concerning hazardous waste, waterways, tidelands, and energy facilities.

An experienced trial lawyer, Ken has taken lead roles in developing case strategy, presenting arguments to courts, and cross-examining opposing witnesses and experts. Ken has achieved successful outcomes for clients in a variety of federal and state courts at the trial and appellate levels, as well as in arbitrations and mediations.

Outside of the courtroom, Ken serves on the Massachusetts Bar Association’s Complex Commercial Litigation Section Council, for which he was appointed chairman of the 2018 annual conference.

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  • Obtained favorable decision as lead counsel for marine industrial client in multi-week adjudicative hearing before the Energy Facilities Siting Board.
  • Won appeal in federal appellate court in case alleging breach of fiduciary duties and fraud claims against major national law firm.
  • Secured summary judgment in favor of senior Massachusetts official in litigation brought by former government appointee who asserted wrongful termination and civil rights claims.
  • Successfully brought action to enforce non-compete agreement preventing ex-employee from using company trade secrets and proprietary information to assist a competitor.
  • Persuaded Massachusetts Dept. of Environmental Protection’s Office of Appeals to vacate a superseding order of conditions in dispute over construction within regulated waterways.
  • Defeated motion to dismiss and obtained favorable settlement for automotive parts manufacturer in dispute with suppliers.
  • Secured eight-figure settlement in shareholder derivative action on behalf of investors in failed oil and gas investment fund.
  • Litigated three-week insurance coverage trial in federal court concerning novel issues of primary and excess carrier obligations.
  • Successfully mediated dispute for medical device manufacturer, achieving favorable resolution of claims for patent infringement and breach of contract.
Community Presence
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  • Massachusetts Bar Association, Council Member, Complex Commercial Litigation Section (2017-present)
  • Boston Bar Association
Publications & Speaking Engagements
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Professional Recognition
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  • Massachusetts Super Lawyer “Rising Star,” (Business Litigation), 2016-2017