Business Litigation

• Represented a commercial landlord as a defendant in a state Superior Court action by a commercial tenant alleging fraud and misrepresentation. The case was tried to a jury, which decided in favor of Conn Kavanaugh’s client. In addition to awarding judgment for Conn Kavanaugh’s client, the Court ordered that the plaintiff tenant pay all of the firm’s client’s legal fees.
• Represented a major publisher in a contract action brought by an author alleging breach and substantial unpaid royalties. After a ten-day arbitration, Conn Kavanaugh’s client received an award wholly in its favor, the arbitrator ruling that the plaintiff author was entitled to no damages.
• Defended a start-up company and its founder against claims brought by the founder’s former employer for misappropriation of trade secrets. Mr. Kavanaugh succeeded in defeating an application for preliminary injunction which, if allowed, would have effectively shut down our client’s business and ultimately obtained a dismissal of all claims prior to trial.
• Obtained a Superior Court preliminary injunction order enforcing non-competition and non-solicitation provisions in an employment agreement and prohibiting a departing employee from competing with his former employer and from soliciting his former employer’s customers.

Employment Litigation / Counseling

• Defended an employer in an age discrimination case that arose from the termination of the employment of a middle manager. The case ended with a jury trial in the Massachusetts Superior Court, with the jury entering a verdict in the Conn Kavanaugh client employer’s favor, awarding no damages and dismissing the case.
• Retained by a Fortune 500 company after that company had lost a jury trial and been ordered to pay substantial damages to the plaintiff in an age discrimination case. Mr. Kavanaugh prosecuted an appeal of that decision to the Supreme Judicial Court and obtained its wholesale reversal, with the result that the verdict against the client was vacated, the case was dismissed, and judgment entered in favor of the employer client.
• Obtained a favorable judgment after trial for a client sued in the United States District Court for alleged disability discrimination arising from an employment termination. Mr. Kavanaugh tried the case to the District Court, with the Court deciding in favor of our client and dismissing the discrimination claim.
• Obtained a favorable judgment after trial in a race and ethnicity discrimination case which arose out of the termination of the plaintiff’s employment for reasons of misconduct. Mr. Kavanaugh tried the case to a verdict, with the Court deciding in favor of our client and dismissing the discrimination claim.
• Obtained pre-trial dismissal of numerous state and Federal court cases brought against Conn Kavanaugh client employers sued for employment discrimination by making successful motions for summary judgment to the Courts, which resulted in judgments for the firm’s clients.

ERISA Litigation

• Obtained a defense judgment in favor of an ERISA pension plan administrator in a case involving alleged misrepresentations to an employee. The judgment was affirmed by the First Circuit Court of Appeals, which agreed with our argument that the employee’s claims were preempted by ERISA. We successfully opposed the employee’s request for review at the U.S. Supreme Court.
• Obtained summary judgments in favor of ERISA plans and employer clients in numerous cases, on ERISA claims made by employees and other plan beneficiaries against those plans and plan fiduciaries. In a number of these cases, Mr. Kavanaugh has successfully defeated attempts to overturn these judgments in the United States Circuit Court of Appeals.

Complex Tort Defense

• Successfully tried an FMLA case in the US District Court, obtaining a net verdict in favor of the railroad client against a former employee claiming injuries from a railroad accident. Also successfully defended that verdict on an appeal to the US Court of Appeals.
• Obtained a defense verdict in a complex personal injury case against a client commercial landlord.
• Tried numerous personal injury and product liability cases in State Superior and Federal Courts.

Insurance Litigation

• Obtained summary judgment for insurer in US District Court case seeking coverage and defense for liability claims asserted against firearm manufacturers and dealers arising out of crimes committed with firearms.
• Obtained summary judgment for insured in a Superior Court duty to defend coverage case arising out of an underlying patent and tortious interference claim against firm’s client.
• Obtained summary judgment in US District Court for insured lawyer in a duty to defend matter arising out of claims of breach of fiduciary duties in a law firm split up matter.

Bar Admissions

• Massachusetts

Court Admissions

• Supreme Judicial Court of Massachusetts
• United States District Court for the District of Massachusetts
• United States Court of Appeals for the First Circuit
• United States Supreme Court

Education

• Boston College Law School, J.D. magna cum laude (1977)
• College of the Holy Cross, B.A. (1970)

Awards & Recognition

• Best Lawyers in America® (2015-2024), Specialties for 2023 & 2024: Commercial Litigation, Employment Law – Individuals, Employment Law – Management, Litigation – Insurance, Litigation – Labor and Employment
• Massachusetts Super Lawyer in Business Litigation, Employment Litigation, Civil Litigation (2004-2022)
• Recognized as “Top 100 Super Lawyer” in Massachusetts (2006-2008) and in New England (2008)
• Jim’s work gained the firm recognition as a “Go-To Law Firm for the Top 500 Companies” (2013)
• Rev. James B. Malley, SJ, Award for BC Law School (1999)
• Received an AV Peer Review Rating, the highest rating in The Martindale-Hubbell Lawyers Directory

• American Board of Trial Advocates, Member
• Massachusetts Board of Bar Overseers of the Supreme Judicial Court, Hearing Committee Member (2012-2015)
• American Bar Association, Member
  • Labor and Employment Section, Member
  • Civil Litigation Section, Member
• Massachusetts Bar Association, Member
  • Labor and Employment Section, Member
• Boston Bar Association, Member
  • Litigation Section, Member
• Supreme Judicial Court Historical Society, Member
• Boston College Law School’s Alumni Association, Past President
• Boston College Law School’s Leadership Gifts Committee, Past Chairman
• New England Legal Foundation’s Massachusetts Advisory Council, Member (2013-present)
• Honorable Francis J. Quirico, Supreme Judicial Court Justice, Law Clerk

• Frequent panelist for legal education programs in the areas of business and employment litigation, Massachusetts Continuing Legal Education (MCLE)
• Panelist for legal education programs for the Massachusetts Bar Association