Kristen is an experienced business litigator and one of the founding partners of Torres, Scammon, Hincks & Day LLP. She has over 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, personal and litigation goals.
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.
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 and trademark disputes.
Kristen has also assisted clients with internal investigations and corporate compliance matters, including compliance auditing, compliance program development, monitorships and corporate integrity agreements. She has particular expertise in compliance matters for public contractors, developing strategies to avoid liability for failure to comply with regulations and contractual specifications.
White Collar Defense and Investigations
Kristen’s extensive experience in this area includes:
- Served as counsel to a Financial Adviser investigated by the SEC for fraud. Case resolved by settlement.
- Represented grand jury witnesses in numerous False Claims Act investigations involving construction, health care and government contractors.
- Counsel to a defendant indicted for campaign finance violations involving bundling and improper reimbursement of campaign contributions.
- Member of trial team that secured an acquittal for a defendant indicted for tax evasion arising out of the alleged backdating of employee stock options.
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.
Business and Civil Litigation
Kristen’s recent successes include:
- Successfully argued for dismissal of a Federal Civil Rights case against her client, a former State Police Colonel.
- 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 TSH&D partner Michael Day tried the case before a federal jury over a seven-day period, resulting in a jury verdict awarding money damages to TSH&D’s client.
- Survived a Motion to Dismiss a wrongful termination action where her client alleged he was terminated in violation of public policy for reporting potential misconduct. The case ultimately settled.
Internal Investigations and Corporate Compliance
- Conducted extensive compliance audits for a building materials company. Assessed the company’s compliance with regulations, contract specifications and employment and other applicable laws, and advised on changes to compliance programs.
- On behalf of a hotel owner, conducted an internal investigation into fraud and mismanagement by employees and recommended corrective and responsive action.
- B.A., magna cum laude, from Colby College (1993)
- J.D., magna cum laude, Order of the Coif, 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
Associations, Community Involvement and Awards
- Adjunct Professor, Instructor of Legal Writing, New England Law, 2019
- TargetCancer Foundation, Board of Directors, April 2014 – present
- Massachusetts Super Lawyers, 2013 – 2019
- Boston Bar Association
- Federal Bar Association
- Massachusetts Women’s Bar Association
- Massachusetts Association of Criminal Defense Lawyers (MACDL)
- Women’s White Collar Defense Association