Kristen Schuler Scammon – Partner

Kristen is an experienced business litigator and one of the founding partners of Torres, Scammon, Hincks & Day LLP.  She has nearly 20 years of litigation experience in both federal and state trial courts, the First Circuit Court of Appeals, as well as mediations and arbitrations.  Kristen maintains a “big picture” litigation philosophy, understanding that a particular dispute is but one of many considerations for the business or individual involved.  Kristen litigates with an eye toward helping her clients efficiently and successfully achieve their business and litigation goals.

Business and Civil Litigation

An experienced business litigator, Kristen represents both businesses and individuals in a number of different areas, including:

  • Breach of contract
  • Consumer protection
  • Shareholder Disputes
  • Employment Litigation
  • Government Contractor Disputes

Kristen’s recent successes include:

  • Kristen obtained a preliminary injunction barring her client’s former distributor from selling a product developed in violation of the parties’ distributor agreement.  The First Circuit upheld the preliminary injunction on appeal. The decision was featured in a Massachusetts Lawyers Weekly article, “Disclosure agreement bars competing product“.  Kristen and TS&D partner Michael Day  tried the case to a federal jury over a seven-day period, resulting in a jury verdict awarding money damages to TS&D’s client.
  • After filing appeals before the Civilian Board of Contract Appeals, Kristen secured full settlements of a construction company client’s claims for compensation from a government agency.
  • Kristen defended a restaurant client against OSHA and Department of Labor complaints filed by a former employee, and obtained dismissal of both complaints without any action against the restaurant.

White Collar Defense and Investigations

Kristen specializes in White Collar Defense and Investigations.  She has extensive experience representing corporate and individual clients in cases involving allegations of fraud and corruption. She has represented clients at all stages of government investigations, including subpoena compliance, grand jury appearances, SEC investigative testimony, jury trials and sentencing. Her experience includes:

  • Securities Violations
  • False Claims and False Statements
  • Mail Fraud
  • Federal Highway Fraud
  • Antitrust Violations
  • Public Corruption
  • Campaign Finance Violations
  • Tax Evasion

Many of Kristen’s successes in this area are confidential. Her work representing clients during grand jury and other government investigations has often led to clients not being charged criminally.

Construction Industry Experience

The construction industry is one of Kristen’s areas of specialty. She has significant experience representing contractors and suppliers in disputes with the government.  Her experience includes:

  • Representing three Big Dig contractors in fraud investigations and corresponding debarment proceedings before the Federal Highway Administration and the Massachusetts Department of Transportation.
  • Representing general contractors, subcontractors and materials suppliers in a variety of disputes with the government, from regulatory and compensation matters to criminal investigations and prosecutions.
  • Providing risk assessment for construction industry participants who work on publicly-funded projects.

Internal Investigations and Corporate Compliance

Kristen has also assisted clients with internal investigations and corporate compliance matters, including compliance auditing and compliance program development. She has particular expertise in compliance matters for public contractors, developing strategies to avoid liability for failure to comply with regulations and contractual specifications.

Education

  • B.A., magna cum laude, from Colby College (1993)
  • J.D., magna cum laude, from Boston College Law School (1996)

Bar and Court Admissions

  • Massachusetts and District of Columbia Bars
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit

Recent Publications and Press

  • “Navigating a Mine Field:  Governmental Investigations, Cooperation, and D&O Insurance,” American Bar Association Business Law Today, January 2012
  • “Surprise! There Is No Coverage for Cooperating With the SEC,”  BNA’s Corporate Counsel Weekly, April 6, 2011
  • Kristen was quoted in a Law 360 article, “Prosecutors Go Back to the Future After Skilling,” on October 19, 2010

Awards and Associations

  • Massachusetts Super Lawyers 2013-2016 and Top Women Attorneys in Massachusetts 2013-2014
  • TargetCancer Foundation, Board of Directors, April 2014 – present
  • Boston Bar Association
  • Massachusetts Women’s Bar Association
  • Massachusetts Association of Criminal Defense Lawyers (MACDL)
  • Women’s White Collar Defense Association

Recent News

Kristen Scammon Named to 2013 Massachusetts Super Lawyers List – See more at: http://www.tsdlegal.com/news-articles/#sthash.FlDq5YHL.dpuf