Kenneth Thayer

Ken is an experienced trial lawyer who has successfully represented clients in complex business, employment, real estate, and insurance disputes.

Ken provides strategic counsel and advocacy to businesses and individuals in commercial litigation and related matters. With more than fifteen years of experience litigating cases in state and federal courts across the country at the trial and appellate levels, he understands the unique challenges each client faces and knows how to develop and execute strategies to achieve their legal and business objectives.

With a focus on representing closely-held and emerging companies in the technology, manufacturing, life sciences, and professional services industries, Ken has helped clients prevail in disputes with shareholders, vendors, business partners, suppliers, commercial landlords, employees, and government regulatory agencies. He routinely litigates claims alleging breach of contract, violations of fiduciary duties, business torts, Chapter 93A, trade secret misappropriation, and violations of wage and hour laws.

Ken also has substantial experience in insurance coverage matters, having represented both insurers and policyholders in complex, multi-party litigations. This includes matters involving the scope and extent of an insurer’s duty to defend, as well as allegations of bad faith coverage and settlement positions under Chapter 176D.

Ken serves on the Massachusetts Bar Association’s Complex Commercial Litigation Section Council, including as chairman for 2023-2024. He is also a co-author of BLS Bench Notes, a guide for practicing before the Massachusetts Superior Court’s Business Litigation Session.

Awards & Recognition:

• Massachusetts Super Lawyer “Rising Star,” (Business Litigation), 2016-2017

Speaking Engagements

• Moderator, “What You Need to Know Following the SJC’s Latest Decisions,” Massachusetts Bar Association’s Complex Commercial Litigation Section Webinar, June 5, 2024

• Panelist “Five Things to Know: Recent Business-to-Business Chapter 93A Claims,” Boston Bar Association, 2023: Ticket Selection – BBA Webinar: Five Things to Know: Recent Business-to-Business Chapter 93A Claims (site.com)

• Panelist, “Effective Use of Demonstrative Evidence in Business Trials,” Massachusetts Bar Association, 2017

• Conference Chair and Presenter, Complex Commercial Litigation Annual Symposium, Massachusetts Bar Association, 2018-2021

Articles & Publications

• Author, “Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy,” May, 7, 2024

• Author, “Unfair and deceptive trade practices, clarified,” Massachusetts Lawyers Weekly, July 21, 2023

• Co-author, BLS Bench Notes, April 2022

• Author, Protecting your contractual rights in the wake of COVID-19, March 2020

• Author, Minority LLC member is entitled to equitable remedies for majority member’s breach of fiduciary duties in freeze-out merger, June 2018

• Author, Component parts manufacturers immune from suit for failure to warn of dangers in finished products, even where risks are deemed foreseeable, November 2017

• Author, Employee fired for medical marijuana use can sue employer for discrimination, July 2017

• Author, SJC rules that liability insurer need not fund litigation of policyholder’s counterclaims, June 2017

Professional Affiliations & Activities

• Massachusetts Bar Association, member and chair of Complex Commercial Litigation Section Council

• Boston Bar Association, member