Education:

Boston College Law School, Newton, MA, J.D., Order of the Coif  (top 10% of class); cum laude, 1989.

Trinity College, Hartford, CT, B.A. – History, 1984

Admissions:

Commonwealth of Massachusetts

United States District Court, District of Massachusetts

United States Court of Appeals for the First Circuit

Affiliations:

Boston Bar Association 

American Bar Association

Presentations and Awards:

  • New England Super Lawyers, Business Litigation (2009)
  • New England Super Lawyer(2006, 2007, 2008)
  • Martindale Hubbell Peer Review Rating – “AV” (top ranking for professional skill and ethics)
  • “Attorney of the Year” – Massachusetts Tenants’ Organization. 

Kevin J. O'Connor, Partner

Download Kevin O'Connor's vCard
617-371-1080
koconnor@dwyercollora.com

 

"What  I love most about being a litigator is the opportunity to take my client’s biggest problem and turn it into a triumph."

Kevin O’Connor is a partner at Dwyer & Collora, LLP.  He has 20 years of experience representing technology and financial services companies and executives before federal and state courts, arbitration panels, government agencies and in mediation.  His track record includes client victories in dozens of complex “bet the company” matters and launching a successful litigation boutique from scratch, with focus at all times on aggressive pursuit of his clients’ business objectives and cost-effective service.

Mr. O’Connor was chosen by Law and Politics Magazine as a “New England Super Lawyer” 2006-2009.  He has also received the highest ratings available in the Martindale Hubbell peer-review ratings for professional skill and ethics. 

Prior to joining Dwyer & Collora, LLP, Mr. O’Connor was a partner at Testa, Hurwitz & Thibeault, co-founder and managing partner of Paragon Law Group, LLP (a business and intellectual property litigation boutique in Boston), and an associate in the Boston office of Ropes & Gray.

Areas of Representation:

Mr. O’Connor specializes in business, securities and intellectual property litigation.  His intellectual property experience includes litigation of copyright, trademark and trade secret claims on behalf of numerous software, biotechnology and financial services companies.  He also has extensive experience litigating fiduciary duty disputes in the context of closely-held corporations, partnerships, and trusts and estates.

Recent Cases:

  • Successfully defended the general partner of a venture-capital fund, and the GP’s principals, against breach of fiduciary duty and breach of contract claims brought by more than 70% of the fund’s limited partners.  Twenty-day arbitration against some of the largest financial institutions in America resulted in a judgment on all counts for Mr. O’Connor’s clients, including request to dissolve the fund.  Opposing parties were also ordered to fund a $10 million capital call and pay all of clients’ attorneys fees and costs.
  • Won a five-day arbitration on behalf of a media company that owned a 50% stake in a technology trade show against a co-owner of the show.  Case involved claims brought by the opposing party for breach of fiduciary duty, breach of contract and misrepresentation.  Judgment in favor of client on all counts.
  • Representing a French software company and its U.S. subsidiary, obtained judgments in federal court for clients on all counts against a competitor who claimed to own source code that client had purchased without warranties in a French bankruptcy.  Case included copyright, trademark, and unfair business practices claims asserted by both sides, and involved French and U.K. copyright, trademark, and bankruptcy law, as well as “open source” software issues.  Matter settled after client filed motion for attorneys fees at the end of the five-year action.  Also defeated opposing party’s motion for preliminary injunction at outset of case.
  • Prevailed in a five-day FINRA arbitration on behalf of a broker who was sued by an allegedly defrauded investor.  Also obtained settlements for the broker regarding “selling away” charges brought by both FINRA and the Securities Division of the Massachusetts Secretary of State enabling the client to continue working as a broker.
  • In a trade secret and non-compete case, obtained temporary restraining order, preliminary injunction, and permanent injunction for Canadian supply-chain logistics software company against competitor and former employees, as well as termination by defendant of client’s former employees and payment of damages and attorneys fees in excess of $1 million. 
  • Obtained summary judgment on fraud claims brought against president of a closely-held real estate development company.  Case settled thereafter on favorable terms.
  • Representing a biotechnology company, obtained cessation of competitor’s use of client’s name as a “sponsored link” on major search engine.
  • At the request of an outside auditor, performed internal investigation on behalf of the Executive Committee of a registered investment advisor regarding why an employee made false statements to the auditor during a SAS 70 audit, and whether the employee did so with the knowledge or approval of any of his superiors.
  • Ran internal investigation of investment advisor’s use of "soft dollars" and whether certain employees had been truthful with their superiors regarding those practices; successfully represented company and Board members in related SEC investigation.
  • For the Audit Committee of a technology company, ran investigation of the company's revenue recognition practices over a four-year period, the accuracy of certain statements by senior executives to the audit committee and the company's outside auditor, and the adequacy of the outside auditor's performance during the relevant periods; successfully represented company and Directors in related SEC investigation and securities class action.
  • On behalf of the Independent Trustees of a mutual fund, investigated allegations made by a terminated fund manager regarding registered investment advisor's practices with respect to credit ratings. 
  • Representing beneficiaries of one of the largest trusts in America, succeeded in obtaining replacement of longstanding trustees with clients’ chosen successors. 
  • In a pro bono matter on behalf of low-income tenants, obtained preliminary order placing slumlord under “house arrest” in one of his own unheated, rat-infested units.  Case settled with all properties being transferred to a reputable low-income housing developer, who refurbished the buildings and provided Kevin O’Connor’s clients with 40-year leases at affordable rates.