Kenneth B. Walton is the Managing Partner of the Boston office of Lewis Brisbois, vice-chair of the Labor & Employment and Architects & Engineers Practices, and a member of the Professional Liability, General Liability/Excess, and Complex Business & Commercial Litigation Practices. Ken focuses his trial practice in Massachusetts, Connecticut, New Hampshire, and New York on the defense of professional liability, employment, and general liability matters, including the defense of architects, engineers, surveyors, trucking companies, stockbrokers, lawyers, financial broker/dealers, healthcare providers and professionals, directors and officers, insurance agents, and real estate brokers. Ken also handles complex commercial civil litigation matters for public and private clients including experience prosecuting and defending title insurance claims in litigation. Ken is admitted to the bar and represents clients in Federal and State courts, in both jury and non-jury cases, in Massachusetts, Connecticut, New Hampshire, and New York. Ken has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country including dozens of wrongful death cases. Ken is a member of the American Board of Trial Advocates (ABOTA) and also serves as a panel member on medical malpractice tribunals and as an arbitrator for the American Arbitration Association. Ken has been recognized for his expertise in civil litigation defense work in national and local Super Lawyers publications for twelve (12) consecutive years. After graduating from law school, he served as a law clerk to the Honorable Frank H. Freedman in the U.S. District Court for the District of Massachusetts.

Publications

Additional Experience

Professional Presentations

• Arbitration vs. Litigation: You be the Judge, 2019
• How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, Numerous venues, including New York, Boston and Chicago, 2018
• Design Professional Cybersecurity & Digital Design Practices, Insurance Conference, Santa Barbara, CA, 2017
• Employment Practices Basics Seminar, Numerous venues, including New York and Boston, 2016
• Electronic Discovery, An Overview of Federal and Massachusetts Rules, ACEC Conference, Washington, D.C., 2014
• Discovery in Arbitration Proceedings, American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012
• Zealous and Cost Efficient Legal Defense in Insurance Defense Matters, Massachusetts Insurance Division Continuing Education Program, 2011
• The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation, 50th Annual Meeting of Invited Attorneys, 2011
• Understanding Ethics for the Design Professional, Continuing Legal Education Seminar for Design Professionals, 2010

Admissions

• State Bar Admissions
  • Connecticut
  • Massachusetts
  • New Hampshire
  • New York
• United States District Courts
  • United States District Court for the District of Connecticut
  • United States District Court for the District of Massachusetts
  • United States District Court for the District of New Hampshire
• United States Courts of Appeals
  • United States Court of Appeals for the First Circuit
• United States Supreme Court

Admissions

Massachusetts

Connecticut

New Hampshire

New York

United States District Court for the District of Massachusetts

United States District Court for the District of Connecticut

United States District Court for the District of New Hampshire

United States Court of Appeals, First Circuit

United States Supreme Court

Associations

• American Board of Trial Advocates (ABOTA)
• American Bar Association
• Boston Bar Association
• Massachusetts Bar Association
• Defense Research Institute

Awards & Honors

• As an indication of an exemplary reputation and well-established practice, Ken has received an AV Peer Review Rating from Martindale-Hubbell; the highest rating given by that publication
• Massachusetts Super Lawyers, 2009-2022
• New England Super Lawyers, 2018-2022
• American Board of Trial Advocates (ABOTA) Member (2020-present)

Education

New England School of Law (now known as New England Law Boston)

Juris Doctor, cum laude, 1992

• President of the Student Bar Association
• Recipient of the New England Scholar Award
• Recipient of the Dean’s Award
• Recipient of the American Jurisprudence Award
• Current Member of Alumni Board

St. Lawrence University

Bachelor of Arts, Economics, 1989

• Captain, Varsity Basketball Team

Representative Matters

• Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.
• Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.
• Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner. 
• Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.
• Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.
• Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.
• Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.
• Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner. 
• Achieved trial victory on behalf of an attorney sued for legal malpractice. Jury also awarded attorney his unpaid legal fees in amount in excess of $250,000 on Counterclaim. Successfully affirmed trial victory at the Massachusetts Appeals Court.
• Obtained trial victory in favor of client on multi-million claim filed by project contractor.
• Achieved a million dollar trial victory on behalf of a plaintiff against a defendant/financial advisor.
• Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.
• Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.
• Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.
• Obtained dismissal of accountant sued by former client in the United States District Court. Successfully affirmed dismissal of the lawsuit at First Circuit Court of Appeals.
• Obtained dismissal of client, on res judicata grounds, in multi-million dollar lawsuit filed by project contractor. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.
• Obtained no probable cause finding in employment Charge filed at Massachusetts Commission Against Discrimination (MCAD) against employer client resulting in complete dismissal of charge in case arising out of alleged discrimination at public housing project.
• Enforced limitation of liability clause in client contract, via summary judgment motion, capping multi-million claim at $200,000, leading to successful resolution of the lawsuit.
• Obtained dismissal of lawsuit filed against insurer/client sued in a declaratory judgment lawsuit in New Hampshire.
• Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.
• Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.
• Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.
• Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.
• Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.
• Obtained no probable cause finding in employment Charge filed at Massachusetts Commission Against Discrimination (MCAD) against employer client resulting in complete dismissal of charge in case arising out of alleged wrongful termination.
• Obtained dismissal of lawsuit against business owner due to plaintiff’s failure to properly serve the defendant with process.
• Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.
• Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.
• Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.
• Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.
• Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.
• Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.
• Obtained no probable cause finding in employment Charge filed at Massachusetts Commission Against Discrimination (MCAD) against employer client resulting in complete dismissal of charge in case arising out of alleged wrongful termination.
• Obtained arbitration victory in favor of residential property owner resulting in a complete defense in claim against owner and monetary recovery by owner on cross-claim against claimant.
• Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).
• Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.
• Obtained arbitration victory on behalf of architect client in claim filed by business owner. Owner recovered nothing on its claim against architect and architect received full recovery on its fee claim against business owner.
• Obtained no probable cause finding in employment Charge filed at the Rhode Island Commission Against Discrimination against employer client resulting in complete dismissal of charge in case arising out of alleged wrongful termination of employee.
• Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client’s legal fees in lawsuit.
• Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.
• Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.
• Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.
• Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle/intersection accident.
• Obtained no probable cause finding in employment Charge filed at Massachusetts Commission Against Discrimination (MCAD) against employer client resulting in complete dismissal of charge in case arising out of alleged employment discrimination.
• Obtained affirmation of lower court dismissal of lawsuit against doctor/client at the New York Supreme Court/Appellate Division.
• Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.
• Obtained arbitration victory in favor on client on fee claim filed by client against project owner.
• Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.
• Obtained no probable cause finding in employment Charge filed at Massachusetts Commission Against Discrimination (MCAD) against employer client resulting in complete dismissal of charge in case arising out of alleged discrimination.
• Obtained dismissal of a client from a lawsuit involving a commercial dispute.
• Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.
• Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).
• Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.
• Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys’ fees and costs.
• Obtained a favorable jury verdict for design professional client on a million dollar claim against it.
• Obtained summary judgment victory in favor of client in the defense of a subjugation claim resulting in dismissal of a lawsuit and award of attorneys’ fees.
• Successfully defended client against MCAD charge resulting in the dismissal of employment claim.
• Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.
• Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).
• Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.
• Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys’ fees and costs.
• Obtained a favorable jury verdict for design professional client on a million dollar claim against it.
• Obtained summary judgment victory in favor of client in the defense of a subrogation claim resulting in dismissal of a lawsuit and award of attorneys’ fees.
• Successfully defended client against MCAD charge resulting in the dismissal of employment claim.
• Successfully defended a design professional client in an arbitration claim against it and recovered fees in same proceeding.
• Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.
• Obtained summary judgment in favor of a client based on a no legal duty defense.
• Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.
• Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit. 
• Defeated attempt by opposing party to obtain a permanent injunction against a client homeowner's association
• Obtained summary judgment victory and case dismissal in a case filed against financial consultant client.
• Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.
• Successfully defended developer against a multi-million dollar contractor claim at arbitration.
• Obtained summary judgment and order requiring owner to defend and indemnify design professional client in wrongful death case.
• Successfully argued statute of repose defense in favor of client at New Hampshire Supreme Court.
• Defeated attempt to impose an injunction based on language in separation agreement. 
• Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.
• Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.
• Obtained defense verdict in favor of business cleint in case involving an employment claim.