Kristen A. Kearney
Kristen A. Kearney concentrates her practice on white collar criminal defense, internal corporate investigations, and complex civil litigation. She has successfully represented clients before state and federal courts and administrative agencies, and in domestic and international arbitrations. Kristen has worked with clients in a variety of industries, including health care and life sciences, higher education, financial services, hotel and hospitality, and real estate development. In 2009, the Women's Bar Foundation recognized Kristen for her work with the Family Law Project for Battered Women, which provides representation and assistance to victims of domestic violence. In 2017, Massachusetts Lawyers Weekly
named Kristen a "Top Women of the Law" honoree, an accolade that celebrates outstanding achievements made by women lawyers. Kristen has also been named a Massachusetts Super Lawyer
"Rising Star," an honor given to no more than 2.5% of the lawyers in the sta
te, in 2016 and 2017.
Kristen has represented clients in investigations and audits initiated by the Department of Justice, Securities and Exchange Commission, Massachusetts Attorney General’s Office, and Massachusetts Department of Revenue. Her areas of expertise include health care fraud (including False Claims Act, Stark, and Anti-Kickback investigations and alleged violations of the Food, Drug and Cosmetic Act), securities fraud, and tax matters.
Kristen also has significant experience conducting internal corporate investigations on behalf of boards of directors and representing individuals in such investigations. She has counseled and advised businesses, senior executives, and individuals on compliance and regulatory matters, contractual and fiduciary duties, and employment rights and obligations.
In the civil context, Kristen has successfully represented clients in bench and jury trials in state and federal courts across the northeast. She has also obtained favorable results for clients pretrial through motions to dismiss and summary judgment. Outside the courtroom, Kristen has represented clients in numerous arbitrations and mediations pending before JAMS, the American Arbitration Association, and the London Court of International Arbitration.
Kristen’s experience includes:
• Obtaining an acquittal of all felony charges arising from an alleged "off-label" promotion scheme for a medical device executive after a 7-week federal jury trial in the District of Massachusetts.
• Representing a senior executive of a health care company in an investigation by the Department of Justice and the U.S. Attorney’s Office for the Commonwealth of Massachusetts concerning alleged Stark, Anti-Kickback, and False Claims Act violations.
• Conducting an internal investigation into allegations of gender discrimination on behalf of the board of a quasi-state agency and advising the board on remedial measures.
• Advising a higher education client in connection with an internal investigation into allegations of sexual harassment and potential criminal conduct by a professor.
• Obtaining a favorable resolution on behalf of a national insurance brokerage firm in connection with an investigation by the Massachusetts Attorney General’s Office into an alleged kickback scheme.
• Favorably settling a civil dispute on behalf of a medical device manufacturer in connection with alleged violations of the Food, Drug, and Cosmetic Act.
• Successfully enforcing noncompetition, nonsolicitation, and confidentiality agreements on behalf of a real estate investment trust.
• Winning a rare dismissal pretrial of a putative class action in Connecticut state court on behalf of a financial services institution alleged to have breached its deposit agreement with customers in connection with its overdraft practices.
• Securing a favorable verdict following a bench trial on behalf of a real estate developer in connection with a partnership dispute in New York state court, and successfully defending the judgement on appeal.
• Obtaining a favorable verdict on behalf of a hotel owner in a lease dispute following a bench trial in Massachusetts state court, and successfully opposing a motion to stay the judgment and a subsequent appeal.
• Representing a client convicted as a juvenile of a double homicide in several post-trial appeals and habeas proceedings, resulting in a recent favorable ruling from the Supreme Judicial Court of Massachusetts.
• Obtaining an order for a new trial from the Supreme Judicial Court of Massachusetts on behalf of an individual convicted of murder based on the discovery of new DNA evidence.
Prior to joining LibbyHoopes, Kristen was an associate with Goodwin Procter LLP. Kristen also served as a Special Assistant District Attorney for Middlesex County from 2009 to 2010. There, she tried a variety of jury and non-jury misdemeanor and felony trials.
Kristen graduated from Northeastern University School of Law in 2007. While in law school, Kristen was a judicial intern to the Hon. Patti B. Saris, District Judge, U.S. District Court for the District of Massachusetts. She also completed internships with the Law Office of Elliot M. Weinstein and with Lurie & Krupp, LLP (now Lurie Friedman, LLP). Kristen is a 2004 graduate of the University of Richmond, magna cum laude, Phi Beta Kappa.