Kendall Dacey is an associate in the employment, executive compensation and employee benefits practice. Kendall supports clients in a wide range of labor and employment matters, including pre-litigation counseling and risk assessment, deal support, litigation, and dispute resolution.

Kendall has been a member of several investigation and arbitration teams. In this role, she manages discovery, prepares clients and witnesses for interviews and testimony, and develops arbitration strategy. She also assists clients with alternative dispute resolution, including mediation. Kendall regularly represents employers in a wide range of labor and employment matters, including non-compete and trade secret issues, workforce reorganizations, employee discipline and discharge issues, harassment and discrimination allegations, whistleblower allegations, employment agreements, wage and hour issues, ERISA class actions and disability and leave issues. Kendall also has experience representing employers in internal investigations, interviewing witnesses, assessing risks, and negotiating resolutions. She has represented employers in responding to discrimination charges. Finally, Kendall advises on the employment law issues that arise in corporate transactions, including deal diligence, transition planning, and the drafting of various employment-related agreements.

Kendall maintains an active pro bono practice, representing clients in criminal defense and immigration proceedings. She also represents local nonprofit organizations resolving litigation disputes.

Prior to joining the firm, Kendall interned for Judge Kermit Lipez, in Portland, Maine, and Judge Juan Torrella, in Boston, Massachusetts, both of the U.S. Court of Appeals for the First Circuit. A former All-American swimmer at Amherst College, Kendall remains actively involved in the swimming community and was recently elected to serve on USA Swimming’s Ethics Committee.

Experience

Sexual Misconduct & Workplace Harassment Investigations and Representation

  • Represents religious institutions investigating and resolving allegations of historical misconduct.
  • Advises colleges, universities and private school Boards regarding allegations of faculty misconduct.
  • Advises sports apparel company and youth sports producer in civil litigation related to allegations of athlete abuse.  
  • Conducted investigations into investment management firms’ allegations of workplace harassment, retaliation and discrimination.
  • Drafts compliance policies related to clients’ code of conduct, sexual abuse trainings, and mandatory reporting procedures.
  • Drafts employee trainings to properly investigate allegations of workplace harassment, bias, and discrimination. 

Criminal Defense

  • Represents pharmaceutical manufacturer under criminal investigation relating to sales and marketing practices; relationships with health care providers, pharmacies, and distributors/wholesalers; and other issues.
  • Represented multiple criminal defendants in compassionate release petitions due to the COVID-19 pandemic; secured early release to home confinement.
  • Successfully represented a criminal defendant against federal charges related to the distribution and trafficking of controlled substances; secured a sentence below the mandatory minimum.

Investigations

  • Counsel to private equity portfolio company regarding an investigation into whistleblower allegations related to accounting fraud. 
  • Counsel to major pharmaceutical company in antitrust enforcement action by state attorney general focused on bundling and rebate walls.
  • Represented former employee of medical device manufacturer in multi-year DOJ investigation relating to False Claims Act and kickback allegations; assisted in successful deposition defense.
  • Conducted internal investigation for medical device company related to health care provider kickback allegations.
  • Conducted internal investigation on behalf of travel company into allegations of tax and accounting fraud in foreign subsidiary.
  • Advised hedge fund regarding potential whistleblower allegations of fraud and violations of U.S. securities laws.
  • Advised large, publicly traded company in multi-year SEC investigation involving allegations of misleading public statements and accounting fraud; successfully secured termination of the matter without action.
  • On behalf of an oil and gas exploration and production company, conducted internal investigation regarding whistleblower allegations that potentially violated the U.S. Foreign Corrupt Practices Act and UK Bribery Act.

Commercial Litigation & Arbitration

  • Part of trial team that secured a favorable verdict on behalf of the founder of one of the nation’s leading home health and hospice business in a lawsuit alleging breaches of non-competition, non-solicitation, and confidentiality agreements in Texas state court.
  • Represented a public technology company in AAA commercial arbitration concerning $100 million claim for earnout payments allegedly due under a purchase agreement.
  • Represented footwear and apparel company in commercial licensing dispute against competitive fitness sports company; resolved in settlement after motion to dismiss briefing.
  • Represented life science technology company in defending antitrust counterclaims asserted by parties alleged to have misappropriated client’s intellectual property.
  • Represented Creditor in the Chapter 11 restructuring of Windstream Holdings Inc.

Anti-Corruption Investigations and Diligence

  • Performs pre-investment diligence for private equity and venture capital firms.

Pro Bono

  • Represented historical society in a dispute regarding the ownership of Civil War artifacts; successfully resolved in mediation.
  • Member of Special Master team appointed by the Supreme Judicial Court of Massachusetts to oversee inmate confinement conditions and early release opportunities under the current COVID-19 crisis.
  • Represents asylum seeker in immigration court hearings; co-lead during direct testimony in Merit’s Hearing.

Areas of Practice