Labor & Employment

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Key Contacts

Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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IL","slug":"chicago-il","uri":"locations\/chicago-il","dateCreated":"2025-08-05T18:52:47+00:00","dateUpdated":"2026-01-07T17:34:27+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":18096,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/locations\/18096-chicago-il","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"locations\/chicago-il","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/locations\/chicago-il","primaryOwnerId":null,"ownerId":null,"authorId":2649,"authorIds":[2649],"typeId":3,"locationHeader":[75490],"body":"Lewis Brisbois\u2019 largest office in the Midwest provides a comprehensive range of legal services, including bad faith litigation, general liability defense, and trademark protection strategies for businesses of all sizes. 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Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[2416,2364,2398,2368,2324,2350,2494,2482]},"limit":null,"offset":null,"orderBy":[{"expression":"FIELD(`elements`.`id`,2416,2364,2398,2368,2324,2350,2494,2482)","params":[],"column":"elements.id","values":[2416,2364,2398,2368,2324,2350,2494,2482],"db":{"dsn":"mysql:host=master-database.project-lewis-brisbois.svc.cluster.local;dbname=lewis_brisbois_production_1768495151453;port=3306","username":"lewis_brisbois_production","password":"Rn4TxuEy9h0INf8QhWkHFEPvnuDP9Pn8","attributes":[],"pdo":[],"enableSchemaCache":true,"schemaCacheDuration":3600,"schemaCacheExclude":[],"schemaCache":"cache","enableQueryCache":true,"queryCacheDuration":3600,"queryCache":"cache","charset":"utf8mb4","emulatePrepare":null,"tablePrefix":"","schemaMap":{"mysql":{"class":"craft\\db\\mysql\\Schema"}},"pdoClass":null,"commandClass":"yii\\db\\Command","commandMap":{"mysql":"craft\\db\\Command"},"enableSavepoint":true,"serverStatusCache":"cache","serverRetryInterval":600,"enableSlaves":true,"slaves":[],"slaveConfig":[],"masters":[],"masterConfig":[],"shuffleMasters":true,"enableLogging":false,"enableProfiling":false,"isSybase":false}}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Entry","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisionalDrafts":false,"ignorePlaceholders":false,"drafts":false,"provisionalDrafts":false,"draftId":null,"draftOf":null,"draftCreator":null,"canonicalsOnly":false,"savedDraftsOnly":false,"revisions":false,"revisionId":null,"revisionOf":null,"revisionCreator":null,"id":null,"uid":null,"siteSettingsId":null,"fixedOrder":false,"status":["live"],"archived":false,"trashed":false,"dateCreated":null,"dateUpdated":null,"siteId":1,"unique":false,"preferSites":null,"leaves":false,"relatedTo":null,"notRelatedTo":null,"title":null,"slug":null,"uri":null,"search":null,"inBulkOp":null,"ref":null,"with":null,"eagerLoadSourceElement":{"sectionId":7,"collapsed":false,"postDate":"2025-08-26T18:57:00+00:00","expiryDate":null,"oldStatus":"live","placeInStructure":false,"eagerLoadInfo":null,"id":21022,"tempId":null,"draftId":null,"revisionId":null,"isProvisionalDraft":false,"uid":"37cdf47d-caff-48d0-ae1a-362dc240a7de","siteSettingsId":21022,"fieldLayoutId":null,"enabled":true,"archived":false,"siteId":1,"title":"Smigielski, Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 2006<\/li><\/ul>","insurancePracticeAreas":{},"yearsOfPractice":{"label":null,"value":null,"selected":true,"valid":false,"icon":null,"color":null},"dataPrivacyAndCybersecurity":{},"realEstateLandUse":{},"intellectualPropertyTechnology":{},"startDate":null,"departureDate":null,"equityPartner":false,"onCallTransportationList":false,"legacyId":"13123","transportationCellNumber":null,"onCallPrimary":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[]},"limit":null,"offset":null,"orderBy":[{"expression":"","params":[]}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Entry","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisionalDrafts":false,"ignorePlaceholders":false,"drafts":false,"provisionalDrafts":false,"draftId":null,"draftOf":null,"draftCreator":null,"canonicalsOnly":false,"savedDraftsOnly":false,"revisions":false,"revisionId":null,"revisionOf":null,"revisionCreator":null,"id":null,"uid":null,"siteSettingsId":null,"fixedOrder":false,"status":["live"],"archived":false,"trashed":false,"dateCreated":null,"dateUpdated":null,"siteId":1,"unique":false,"preferSites":null,"leaves":false,"relatedTo":null,"notRelatedTo":null,"title":null,"slug":null,"uri":null,"search":null,"inBulkOp":null,"ref":null,"with":null,"eagerLoadSourceElement":{"sectionId":7,"collapsed":false,"postDate":"2025-08-26T18:57:00+00:00","expiryDate":null,"oldStatus":"live","placeInStructure":false,"eagerLoadInfo":null,"id":21022,"tempId":null,"draftId":null,"revisionId":null,"isProvisionalDraft":false,"uid":"37cdf47d-caff-48d0-ae1a-362dc240a7de","siteSettingsId":21022,"fieldLayoutId":null,"enabled":true,"archived":false,"siteId":1,"title":"Smigielski, Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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Mary A","slug":"smigielski-mary-a","uri":"attorneys\/smigielski-mary-a","dateCreated":"2025-08-26T18:57:20+00:00","dateUpdated":"2026-01-20T18:17:11+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21022,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21022-smigielski-mary-a","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/smigielski-mary-a","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/smigielski-mary-a","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Mary A. Smigielski","firstName":"Mary","middleInitial":"A","lastName":"Smigielski","pronouns":"she\/her","positionList":"Partner","employeeId":"22427","profileImage":[61292],"email":"Mary.Smigielski@lewisbrisbois.com","phone":"312.463.3377","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18096],"additionalLocations":[],"biography":"Mary A. Smigielski is a partner in the Chicago and Los Angeles offices of Lewis Brisbois, Vice Chair\u00a0of the firm\u2019s national Labor & Employment Practice, Co-chair of the Illinois Biometric Information Privacy Act (BIPA) Practice, and Chair of the Chicago Bar Association Labor & Employment Law Committee. Ms. Smigielski has a national practice and handles class\/collective actions and single-plaintiff employment litigation\/arbitrations, mediations, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment and business counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions, whether that involves legal compliance, negotiation or the defense of sensitive litigation.\u00a0<\/p>Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents businesses in State and Federal Courts, and she has appeared in courts and other venues across the United States. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Occupational Health and Safety Administration, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.<\/p>Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA) as well as the Illinois Genetic Information Privacy Act (GIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to these unique statutes.<\/p>Ms. Smigielski\u2019s counseling practice involves partnering with clients on all aspects of the employee and contractor life cycle, including pre-employment screening, the application\/selection process, executive agreements, restrictive covenants, orientation, handbooks, policies, contracts, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response\/threat management, training, wage\/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.<\/p>Her practice also involves business-to-business disputes, gig-economy initiatives, non-disclosure\/non-competition\/non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase\/sale agreements, and intellectual property matters such as the defense of trademarks. She also has litigated a wide variety of other matters including personal injury, products liability and securities fraud.<\/p>Recently, Ms. Smigielski chaired a bench trial and successfully defended her client for a complete defense verdict against claims of age discrimination, breach of contract and violation of the Illinois Wage Payment and Collection Act valued in excess of $1.5M.<\/p>Ms. Smigielski also serves as the firm-wide Ombudsperson for Lewis Brisbois.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2398,2368,2324,2350,2494,2482],"additionalPracticeAreas":[2334,2292],"relatedSectors":[],"admissions":[1718,1736,1745,1721,1892,1893,1894,1895,1896,1909,1910,1911,1912,1913,1723,1983,1985,1724],"badges":[],"abotaMember":"no","education":{"67121":{"title":"University of San Diego School of Law","slug":"university-of-san-diego-school-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1993<\/p>\n\n<ul>\n\t<li>Deans Distinguished Service Award<\/li>\n\t<li>Editor-in-Chief, Motions, School of Law newspaper<\/li>\n\t<li>Diploma, Institute for International and Comparative Law, Paris 1991<\/li>\n\t<li>Intern, Center for Public Interest law<\/li>\n<\/ul>"}},"67122":{"title":"University of San Diego","slug":"university-of-san-diego","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Political Science, 1990<\/p>\n\n<ul>\n\t<li>Honors<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":null,"representativeMatters":"<ul><li>Nearly a decade in-house at an international Fortune 50\u00a0retail company after 14 years of private practice. Counseling and litigation supervision for approximately 100,000 retail and pharmacy employees nationally and off-shore, as well as Supply Chain\/Distribution, Real Estate, Loss Prevention, Consumer Electronics, Procurement, Apparel, Grocery\/Drug, Inventory Management, Facilities, Finance and other business units.<\/li><li>Cost sensitive litigation management of heavy class\/collective action\/PAGA and single-plaintiff docket nationally and in Puerto Rico and the U.S. Virgin Islands. Developed strategy with outside counsel, managed outside counsel\/budgets and attended significant depositions, hearings, mediations, arbitrations, trials. Evaluated risks, set reserves and litigation budgets and counseled management on litigation process\/avoidance. Resolved $26M individual plaintiff employment verdict and related cases for $1.9M in California.<\/li><li>Directed litigation and negotiated highly favorable class\/collective settlements including alleged failure to pay vacation\/personal days to approximately 100,000 employees in Illinois; national violations of the Fair Credit Reporting Act (FCRA) during hiring; nationwide misclassification of various managers; improper wage statements in California.<\/li><li>Successfully defended Employment Arbitration Agreement from claims of unconscionability and compelled putative class actions to arbitration in state and federal court.<\/li><li>Employment law due diligence for M&A deals, including $2.3B spin-off with 6,000 employees and a $2B REIT transaction.<\/li><li>Counseled HR\/management through all aspects of WARN, OWBPA and EEO adverse impact analysis of staff reductions and facility closures, including negotiating and preparing exit agreements and restructuring for optimal efficiency and avoidance of litigation.<\/li><li>Developed and revised employment policies, executive\/employment agreements, third party contracts, organizational and compensation structures, diversity initiatives, marketing materials and press responses.<\/li><li>Continually revamped payroll practices to ensure compliance, evaluated risk and revised independent contractor selection process, and advised on e-commerce\/gig-economy initiatives and new policies such as a non-accrual vacation policy, BYOD, social media and elimination of performance reviews.<\/li><li>Led significant workplace\/ethics investigations and immediately responded to workplace violence or other situations requiring crisis management. Responded to DOL\/state audits and partnered with law enforcement agencies such as the FBI, DOJ, and Homeland Security.<\/li><li>Proactively advised on new laws and regulations.<\/li><li>Developed training and trained all levels of employees on employment law issues.<\/li><li>Various Law Department responsibilities while in-house included RFP process, planning CLE, revamping processes for legal compliance, paralegal performance analysis, member of Pulse Committee and co-chair of social planning subcommittee.<\/li><li>Led corporate raiding\/restrictive covenant litigation at direction of the Chairman of the Board of a national healthcare provider.<\/li><li>Achieved favorable consent decree in multi-year ADA litigation with the EEOC for a retail client.<\/li><li>Multiple favorable summary judgment decisions, including in favor of a mortgage company on a claim of retaliation when plaintiff was terminated five days after her sexual harassment deposition.<\/li><li>Member of firm management committee at a prior firm.<\/li><\/ul>","associations":"<ul>\n\t<li>Chair of the Chicago Bar Association\u00a0Labor & Employment Committee, 2024 to present<\/li>\n\t<li>Vice-Chair of the Chicago Bar Association\u00a0Biometric Information and Privacy Law Committee, 2024-2025<\/li>\n\t<li>Member, Claims and Litigation Management Alliance<\/li>\n\t<li>First Chair, Top Employment Counsel 2012, 2016\n\t<ul>\n\t\t<li>Top Assistant General Counsel 2014, 2015<\/li>\n\t<\/ul>\n\t<\/li>\n\t<li>Chicago Bar Association<\/li>\n\t<li>Member, Illinois Women Conquer ALZ<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Interviewed, \"<a href=watchddac.html Admin Offers 2 Million Buyouts to Federal Employees<\/a>,\" NBC Chicago<\/i>,\u00a0January 30, 2025<\/li><li>Quoted,\u00a0\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF/u2019s $228 Million BIPA Judgment in Play After \u2018White Castle<\/a>,\"\u00a0Boomberg Law, <\/i>March 10, 2023<\/li><li>Quoted, \"<a href=__illinois.html Biometric Privacy Cases Jump 65% After Seminal Ruling<\/a>,\"\u00a0Bloomberg Law<\/i>, May 2, 2023<\/li><li>Quoted, \"<a href=__old.html Dominion\u2019s Biometric Waiver Offers Creative Legal Tactic<\/a>,\"\u00a0Bloomberg Law<\/i>, April 20, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://iapp.org/news/a/the-rise-of-us-state-level-bipa-illinois-leads-others-catching-up/%22>The Rise of US State-Level BIPA: Illinois Leads, Others Catching Up<\/a>,\" IAPP<\/i>, March 28, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-about-application-of-recent-illinois-supreme-court-bipa/%22>BNSF's 228 Million BIPA Judgment in Play After 'White Castle'<\/a>\",\u00a0Bloomberg Law<\/i>, March 10, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-bloomberg-law-on-pivotal-illinois-supreme-court-bipa-ruling/%22>Illinois Supreme Court Allows Privacy Fines<\/a>,\"\u00a0Bloomberg Law<\/i>, February 23, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/josh-kantrow-mary-smigielski-speak-with-insurance-journal-about-illinois-bipa-ruling/%22>Illinois Supreme Court: BIPA Claims Accrue With Each Scan<\/a>,\" Insurance Journal<\/i>, February 22, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-supreme-court-decision-on/%22>Ill. Justices' Focus On Legislators' Intent Divides BIPA Bar<\/a>,\" Law360,\u00a0<\/i>February 3, 2023<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>1st/u00a0BIPA Jury Trial May Raise Coverage Headaches<\/a>,\" Law360,\u00a0<\/i>October 6, 2022<\/li><li>Quoted, \"<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-first-bipa-jury-trial/%22>Landmark Ill. Privacy Law Faces First Jury Test,<\/a>\"\u00a0Law360<\/i>, October 3, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-avoiding-bipa-liability/%22>Shaping the BIPA Landscape: Avoiding Liability<\/a>,\u201d Cybersecurity Law Report<\/i>, September 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-cybersecurity-law-report-about-bipa-litigation/%22>Shaping the BIPA Landscape: Notable Trends and Developments<\/a>,\u201d Cybersecurity Law Report<\/i>, September 7, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-key-anticipated-decisions-from-illinois-sc/%22>Illinois Cases To Watch In 2nd Half Of 2022<\/a>,\u201d Law360<\/i>, July 14, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-about-illinois-bipa-issues-in-white-castle/%22>White Castle Aims To Whittle Down BIPA's Scope<\/a>,\u201d Law360<\/i>, May 16, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-on-illinois-supreme-court-bipa-workers-comp/%22>Ill. High Court BIPA Ruling: Next, How Big Can Damages Get?<\/a>,\u201d Law360<\/i>, February 4, 2022<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-in-law360-article-on-illinois-appellate-decision-addressing-bipa/%22>BIPA Timing Decision Underscores Debate Over Claim Accrual<\/a>,\u201d Law360<\/i>, September 21, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-law360-regarding-highly-anticipated-bipa-arguments/%22>3 Major Biometric Privacy Arguments To Watch This Month<\/a>,\u201d Law360<\/i>, September 10, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Will Voice Recognition Tech Be the Target of a New Wave of BIPA Complaints?<\/a>,\u201d The Recorder<\/i>, June 3, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-speaks-with-the-recorder-about-mcdonalds-illinois-bipa-lawsuit/%22>Would You Like Fries With That BIPA Complaint?<\/a>,\u201d Law.com<\/i>, June 2, 2021<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-provide-bipa-commentary-for-cybersecurity-law/%22>Big Questions for BIPA Case Law in 2021<\/a>,\u201d\u00a0Cybersecurity Law Report<\/i>, February 17, 2021<\/li><li>Author, \"<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/labor-employment/respect-and-communication-pathways-to-productive-and-satisfied-employees/%22>Respect and Communication: Pathways to Productive and Satisfied Employee<\/a>,\" The\u00a0Grindstone\u00a0Blog<\/i>, December 4, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https:/lewisbrisbois.com/blog/category/covid-19-response-resource-center/coronavirus-employers-be-smart-be-prepared/%22>United States: Coronavirus \u2013 Employers, Be Smart! Be Prepared!<\/a>,\u201d The Grindstone Blog<\/i>, February 13, 2020<\/li><li>Quoted, \u201c<a href=https://lewisbrisbois.com/%22https:///www.nbcchicago.com/news/local/illinois-facebook-users-can-now-file-claims-for-payouts-in-650-million-lawsuit-settlement/2342967/%22>Illinois Facebook Users Can Now File Claims for Payouts in $650 Million Lawsuit Settlement<\/a>,\u201d NBC\u00a0Chic<\/i>ago, September 22, 2020<\/li><li>Co-author, \u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-and-kenneth-walsh-publish-bloomberg-law-insights-article-on/%22>Illinois Biometric Privacy Law Has Nationwide Potential in Pandemic<\/a>,\u201d Bloomberg Law<\/i>, April 24, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-quoted-by-ap-news-on-facebook-privacy-suit-settlement/%22>Unique Illinois privacy law leads to $550M Facebook deal<\/a>,\u201d\u00a0AP News<\/i>, February 9, 2020<\/li><li>Quoted,\u00a0\u201c<a href=https://lewisbrisbois.com/%22https://lewisbrisbois.com/newsroom/news/mary-smigielski-josh-kantrow-quoted-in-chicago-daily-law-bulletin-article-a/%22>Firm courts new biometric clients with BIPA practice<\/a>,\u201d\u00a0Chicago Daily Law Bulletin<\/i>,\u00a0February 21, 2019<\/li><\/ul>","professionalPresentations":"<ul style=\"list-style-type:disc;\"><li>A 2026 Overview of New Employment Laws Impacting Illinois, Chicago Bar Association, Labor & Employment Law Committee, January 2026<\/li><li>Ethics II: Advanced Legal Issues Involving AI, December 2025<\/li><li>Employment Law Trends in the Pacific Northwest, Moderator, July 2025<\/li><li>2025 Illinois Labor & Employment Law Updates, Chicago Bar Association, Labor & Employment Law Committee, April 2025<\/li><li>2024 Election: Opportunities and Risks For Lewis Brisbois Clients & Friends, December 2024<\/li><li>Presentation to international insurance carrier:\u00a0 Illinois Biometric Information Privacy Act 2024 Update, March 2024<\/li><li>Presentation to international professional services firm:\u00a0 BIPA, GIPA and AI \u2013 Oh My!, March 2024<\/li><li>\u201cAI Task Force: The Promise and Perils of AI,\u201d webinar presented to approximately 350 attendees, including firm clients, February 29, 2024. <\/li><li>\u201cBoth Sides of BIPA,\u201d panel discussion sponsored by University of Chicago Law School and Technology Society, February 9, 2024.<\/li><li>\"Chicago Team To Present On Inaugural Seminar For Cba\u2019s New Biometric Information And Privacy Law Committee,\"\u00a0\u00a0February 7, 2024<\/li><li>\"Which Employment Law is Worse? Is There Still Hope?,\" Presentations to national insurance carriers in Connecticut, New York, and national webinar.<\/li><li>'Three Turning Points in Handling Employment Claims at the Claims Letter,\u00a0Administrative Charge and Litigation Stages.\" Presentation to national insurance carrier in Connecticut.<\/li><li>Law Firm Representative, Mansfield Client Forum hosted by Paramount Global, May 2023<\/li><li>Presenter, \"Employment Law 101: Navigating the Workplace,\" for a large\u00a0Chicagoland Financial Advisory Business, May 2023<\/li><li>2023 National Labor & Employment Law Symposium, Latest on ESI Planning and Related Strategies, February, 2023<\/li><li>Presenter, \"The Year in Cybersecurity & Predictions for 2023,\"\u00a0a Lewis Brisbois Webinar, December 2022<\/li><li>Presenter, Chicago Bar Association, Cyber Law and Data Privacy Comittee, \"BIPA: The Statute that Keeps on Giving,\"\u00a0September 2022<\/li><li>Fall 2022 Update \u2013 Illinois Biometric Information Privacy Act,\u00a0DuPage County Bar Association, September 7, 2022<\/li><li>An Update on Notable Employment Caselaw and Its Impact on the Retail, Restaurant & Hospitality Industries, CLM Workers Compensation and Retail, Restaurant and Hospitality Conference, May 2022<\/li><li>2022 Update \u2013 Illinois Biometric Information Privacy Act, DuPage County Bar Association, May 2022<\/li><li>2022 Updates in Labor & Employment Law presentation to international pharmaceutical company, April 2022<\/li><li>\"Fall 2021 BIPA Update,\" a Lewis Brisbois Webinar, presented with Josh Kantrow, September 23, 2021<\/li><li>Presenter, Return to Work and COVID-19 Testing Plans, for a national laboratory company, July 22, 2021<\/li><li>Presenter, Professional Liability Underwriting Society (PLUS) Webinar, 2021 Update: Biometric Information Privacy Act, February 10, 2021<\/li><li>Lawline Webinar,\u00a0\"2021 Labor and Employment Law Update,\" February\u00a04, 2021<\/li><li>McGriff Insurance Services, Inc. Podcast, \"Decoding Cyber Risks\" two-part series, January, 2021<\/li><li>Lewis Brisbois Webinar,\u00a0Employment Law \u2013 2020 Recent Developments, April, 2020<\/li><li>Lewis Brisbois Webinar, BIPA, The CCPA & Data Breaches, January, 2020<\/li><li>2020 National Labor & Employment Law Symposium,\u00a0U.S. Soccer & Equal Pay: Lessons to be Learned in the Workplace on Pay Equity, January, 2020<\/li><li>Chicago Bar Association, Overview of BIPA, the Illinois Biometric Information Privacy Act, November, 2019<\/li><li>First Chair Equal Pay Summit,\u00a0An Analysis of Pay Equity Laws and Legislation in the United States, 2019<\/li><li>National Insurance Carrier Presentation, The Sweet Spot to Resolution: Difficult Cases, Cantankerous Counsel, but Ideal Outcomes, June 2019<\/li><li>Lawline National Webinar, Defense and Coverage Issues Under the Illinois Biometric Information Privacy Act, May 2019<\/li><li>Overview of the Illinois Biometric Information Privacy Act, Defense & Coverage Issues \u2013various clients and national insurance carriers throughout\u00a02019<\/li><li>Brokers Risk\/The Sandner Group, Sexual Harassment Prevention Training, 2019<\/li><li>36th\u00a0Annual National CLE Conference: Labor & Employment, The Latest on Issues Dealing with Equal Pay in the Workplace, 2019<\/li><li>Habitat for Humanity Illinois Annual Conference: Employment Law 101, Navigating the Workplace when Hostility Happens, 2018<\/li><li>National Client Training: Sexual Harassment Prevention Training, 2018<\/li><li>North Shore Labor Counsel: The Equal Pay Landscape of 2018<\/li><li>National Client Training:\u00a0Know the Americans With Disabilities Act, 2018<\/li><li>Lewis Brisbois Management Academy:\u00a0Employment Documentation: Who, What Where, When and Why \u2013 What to Include and What to Leave Out, 2018<\/li><li>DRI National Webcast:\u00a0The Millennial Effect:\u00a0How Millennials are Impacting the Workforce and Employment Claims, 2018<\/li><li>35th Annual National CLE Conference: Labor & Employment, Telecommuting as a Reasonable Accommodation, 2018<\/li><li>First Chair, Annual CLE Seminar \u2013 Hot Topics in Employment Law, 2016<\/li><li>North Shore Labor & Employment Counsel (NSLC) and Baker McKenzie \u2013 Employment ADR 2.0:\u00a0How to Build an Effective & Efficient ADR Program, 2015<\/li><li>Association of Corporate Counsel (ACC) Wisconsin Chapter and Littler Mendelson \u2013 The Great Arbitration Debate, 2014<\/li><li>Ogletree Deakins, Workplace Strategies \u2013 State Law Considerations for HR Professionals, 2012<\/li><li>Littler Mendelson, Executive Employer Conference \u2013 Retail Roundtable, 2010<\/li><li>Kmart Corporation, National Store Managers Academy, Employment Law 101<\/li><li>Practicing Law Institute 27th, 28th, and 29th Annual Institutes on Employment Law (Title VII and Section 1981)<\/li><li>Morgan Lewis, Retail Roundtable \u2013 Hiring Employees Who Are Subject to Non-Competes, Non-Solicitation and Confidentiality Agreements, 2006<\/li><li>Fellow, Morgan Lewis Trial Academy, 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Mr. Stone has handled matters in Washington State federal and state courts, in arbitration, and before the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Washington State Human Rights Commission, and the Seattle Office for Civil Rights. His experience includes defending clients against administrative charges as well as individual and class action lawsuits asserting claims of employment discrimination based on such protected classifications as age, gender, race, and disability; lawsuits alleging hostile work environment and harassment; and actions alleging retaliation, whistleblowing, and wage and hour violations. In addition, Mr. Stone represents landlords, property managers, restaurants, and other places of public accommodation against federal and state law claims of disability discrimination and violation of the fair housing laws.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2494],"additionalPracticeAreas":[2292],"relatedSectors":[2635,2643,2631],"admissions":[1718,1765,1780,1721,1939,1941,1973,1974,1723,1978,1985],"badges":[],"abotaMember":"no","education":{"67312":{"title":"Brooklyn Law School","slug":"brooklyn-law-school","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1995<\/p>\n\n<ul>\n\t<li>Dean's List<\/li>\n\t<li>Dean's Academic Achievement Scholarship<\/li>\n\t<li>Managing Editor, Brooklyn Journal of International Law<\/em><\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>Best Lawyers in America\u00ae<\/i>, Litigation \u2014 Labor and Employment, 2024 \u2013 2026<\/li><li>Elected \"Super Lawyer\" for Employment Litigation Defense by\u00a0Washington\u00a0Law and Politics, 2014 \u2013 2016<\/li><li>Rating of \"10\", Superb on Avvo for Employment Litigation Defense<\/li><\/ul>","representativeMatters":"<ul><li>In 2024, a former police officer threatened to sue Mr. Stone\u2019s client, a police department, for wrongful termination, alleging he was a whistleblower who was terminated for complaining about a lack of backup for patrol officers. Mr. Stone secured video footage showing the police officer tasing a fleeing suspect from behind, in violation of police department policy. Mr. Stone identified other instances in which the police officer violated department policy by using excessive force and making solo arrests. Mr. Stone successfully argued that the officer\u2019s termination was for a pattern of violations of department policy, including repeated instances of excessive use of force, rather than for complaints. Mr. Stone secured a highly favorable nuisance settlement for the police department, and the police department avoided a lawsuit from the officer.<\/li><li>In 2023, a former employee threatened to sue Mr. Stone\u2019s client, a city, for defamation and tortious interference, after the city provided the former employee with a negative job reference, which resulted in the withdrawal of a job offer. Following Mr. Stone\u2019s diligent legal analysis of the claims, Mr. Stone informed the former employee that all of his claims were barred under Washington\u2019s employment at-will doctrine and by a release signed by the former employee waiving claims against past employers who provided job references. The former client withdrew the claims.<\/li><li>In 2022, the former Human Resources Director sued Mr. Stone\u2019s client, a city, alleging that she was terminated for allegedly reporting improper conduct by the city\u2019s police chief. Mr. Stone conducted an exhaustive investigation and unearthed numerous examples in which the former Human Resources Director either failed to perform her job duties or, if she did, performed them incorrectly. Mr. Stone demanded the Human Resources Director\u2019s deposition before the Human Resources Director had the opportunity to conduct discovery and come up with excuses for her failed performance. Following a highly successful deposition, during which the Human Resources Director could not explain her performance deficiencies, the Human Resources Director settled for a purely nuisance sum. <\/li><li>In 2020, a former sheriff\u2019s deputy sued Mr. Stone\u2019s client, a county sheriff, alleging he was terminated for supporting the sheriff\u2019s opponent in an election. Mr. Stone secured summary judgment dismissal of most of the deputy\u2019s claims on the grounds that the claims were barred by the doctrines of claim and issue preclusion because an arbitrator had previously found just cause for the deputy\u2019s termination. The remaining claims were tried, and Mr. Stone convinced the court that the deputy was terminated for using his badge for personal gain, resulting in a complete defense verdict for Mr. Stone\u2019s client. <\/li><li>Mr. Stone has represented numerous clients and resolved claims alleging violations of the wage transparency provisions of Washington\u2019s Equal Pay and Opportunities Act. <\/li><li>Mr. Stone represented a major nursing home company in an age discrimination case brought by a manager who had worked for the company for 26 years and was replaced by someone half her age. Mr. Stone conducted limited discovery and filed a motion for summary judgment citing, among other evidence, the plaintiff\u2019s admission during her deposition that she did not know why she was fired. Rather than defend the motion, the plaintiff voluntarily agreed to dismiss the case with prejudice.<\/li><li>In 2015, Mr. Stone was retained to defend an employer in a non-compete case after a temporary restraining order was issued against the employer and on the eve of a hearing for a motion for a preliminary injunction. Over one weekend, Mr. Stone assembled an extensive set of opposition papers and, following a hearing, he obtained an order denying the motion for the preliminary injunction, dissolving the TRO, and awarding fees to Mr. Stone\u2019s client.<\/li><li>In 2015, in a published opinion, Division II of the Court of Appeals affirmed a lower court's dismissal of state law employment claims against Mr. Stone's client, which owned a restaurant on a military base, based on his argument that the constitutional \"federal enclave\" doctrine barred those claims.<\/li><li>In 2014, Mr. Stone obtained summary judgment dismissal of a public-accommodation disability discrimination case against his client, which owns a McDonald's restaurant in Tacoma, based on the plaintiff's alleged inability to use the bathroom due to a disability.<\/li><li>In 2014, Mr. Stone obtained a \"no cause\" finding from the Seattle Office for Civil Rights of a claim of race discrimination against his client, an owner of a large motel in Seattle.<\/li><li>In 2012, Mr. Stone obtained a \"no cause\" finding from the EEOC in a hotly contested charge of sexual harassment and retaliation brought by a former female employee of his client.<\/li><li>In 2011, Mr. Stone obtained summary judgment dismissal of federal employment and civil-rights claims by a City of Tacoma employee against her supervisors, a police officer, and the City of Tacoma based on their actions following a report that the employee threatened to kill herself and her supervisor.<\/li><li>In 2009, Mr. Stone obtained summary judgment dismissal of retaliation claims by an employee who alleged he was terminated because he filed a worker's compensation claim, successfully arguing that instead he was terminated pursuant to the employer's zero tolerance drug policy and because he failed a pre-employment drug test. The dismissal was affirmed on appeal by the Washington Court of Appeals, Division One. Mullins v. Fisher Companies<\/i>, 148 Wn. 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As subcommittee chair of the ABA Trial Practice Committee, Mr. Stone oversees the publication of a series of podcasts authored by trial practice experts entitled, \"Trial of the Case, from A to Z.\"<\/li><li>Spoliation and Facebook: Don't Toss that \"Page\" During Litigation<\/i>, American Bar Association, Trial Practice Newsletter, Fall 2013, Vol. 28, No. 1.<\/li><li>Avoiding the ES! 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Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 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The Boston office has attorneys licensed in all six New England states and regularly handles litigation throughout the region. Leveraging the firm\u2019s nationwide network, attorneys in Boston collaborate with colleagues across all offices to provide comprehensive legal services and support to clients, ensuring access to a broad range of experience and resources for any matter.<\/p>","phone":"857.313.3950","fax":"857.313.3951","address":{"id":null,"ownerId":18090,"ownerSiteId":1,"fieldId":56,"zoom":15,"distance":null,"lat":42.355778,"lng":-71.052083,"address":"1, 60 State Street, 23rd Floor, Boston, 02109, Suffolk County, MA, United States","parts":{"number":"1","address":"60 State Street, 23rd Floor","city":"Boston","postcode":"02109","county":"Suffolk County","state":"MA","country":"United States","planet":"Earth","system":"the Solar System","arm":"Orion Arm","galaxy":"Milky Way","group":"the Local Group","cluster":"Virgo Cluster","supercluster":"Laniakea Supercluster"},"what3words":null},"legacyId":"2983","contacts":{"81839":{"title":"Kenneth B Walton","slug":"kenneth-b-walton","type":"officeContact","enabled":true,"collapsed":false,"fields":{"attorneyEmployee":[21130],"officeContactTitle":"Managing Partner"}},"81840":{"title":"Amanda Mathieu","slug":"amanda-mathieu","type":"officeContact","enabled":true,"collapsed":false,"fields":{"attorneyEmployee":[14482],"officeContactTitle":"Deputy Managing Partner"}},"81841":{"title":"Sharyn Burdge","slug":"sharyn-burdge","type":"officeContact","enabled":true,"collapsed":false,"fields":{"attorneyEmployee":[81837],"officeContactTitle":"Office Administrator"}}}}],"additionalLocations":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[18108,18158]},"limit":null,"offset":null,"orderBy":[{"expression":"FIELD(`elements`.`id`,18108,18158)","params":[],"column":"elements.id","values":[18108,18158],"db":{"dsn":"mysql:host=master-database.project-lewis-brisbois.svc.cluster.local;dbname=lewis_brisbois_production_1768495151453;port=3306","username":"lewis_brisbois_production","password":"Rn4TxuEy9h0INf8QhWkHFEPvnuDP9Pn8","attributes":[],"pdo":[],"enableSchemaCache":true,"schemaCacheDuration":3600,"schemaCacheExclude":[],"schemaCache":"cache","enableQueryCache":true,"queryCacheDuration":3600,"queryCache":"cache","charset":"utf8mb4","emulatePrepare":null,"tablePrefix":"","schemaMap":{"mysql":{"class":"craft\\db\\mysql\\Schema"}},"pdoClass":null,"commandClass":"yii\\db\\Command","commandMap":{"mysql":"craft\\db\\Command"},"enableSavepoint":true,"serverStatusCache":"cache","serverRetryInterval":600,"enableSlaves":true,"slaves":[],"slaveConfig":[],"masters":[],"masterConfig":[],"shuffleMasters":true,"enableLogging":false,"enableProfiling":false,"isSybase":false}}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Entry","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisionalDrafts":false,"ignorePlaceholders":false,"drafts":false,"provisionalDrafts":false,"draftId":null,"draftOf":null,"draftCreator":null,"canonicalsOnly":false,"savedDraftsOnly":false,"revisions":false,"revisionId":null,"revisionOf":null,"revisionCreator":null,"id":null,"uid":null,"siteSettingsId":null,"fixedOrder":false,"status":["live"],"archived":false,"trashed":false,"dateCreated":null,"dateUpdated":null,"siteId":1,"unique":false,"preferSites":null,"leaves":false,"relatedTo":null,"notRelatedTo":null,"title":null,"slug":null,"uri":null,"search":null,"inBulkOp":null,"ref":null,"with":null,"eagerLoadSourceElement":{"sectionId":7,"collapsed":false,"postDate":"2025-08-26T18:57:00+00:00","expiryDate":null,"oldStatus":"live","placeInStructure":false,"eagerLoadInfo":null,"id":21130,"tempId":null,"draftId":null,"revisionId":null,"isProvisionalDraft":false,"uid":"6fac53c0-e858-4f6e-b9fd-a669d2f95158","siteSettingsId":21130,"fieldLayoutId":null,"enabled":true,"archived":false,"siteId":1,"title":"Walton, Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC 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B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[2452,2416,2392,2300,2340,2420,2358,2438,2460]},"limit":null,"offset":null,"orderBy":[{"expression":"FIELD(`elements`.`id`,2452,2416,2392,2300,2340,2420,2358,2438,2460)","params":[],"column":"elements.id","values":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"db":{"dsn":"mysql:host=master-database.project-lewis-brisbois.svc.cluster.local;dbname=lewis_brisbois_production_1768495151453;port=3306","username":"lewis_brisbois_production","password":"Rn4TxuEy9h0INf8QhWkHFEPvnuDP9Pn8","attributes":[],"pdo":[],"enableSchemaCache":true,"schemaCacheDuration":3600,"schemaCacheExclude":[],"schemaCache":"cache","enableQueryCache":true,"queryCacheDuration":3600,"queryCache":"cache","charset":"utf8mb4","emulatePrepare":null,"tablePrefix":"","schemaMap":{"mysql":{"class":"craft\\db\\mysql\\Schema"}},"pdoClass":null,"commandClass":"yii\\db\\Command","commandMap":{"mysql":"craft\\db\\Command"},"enableSavepoint":true,"serverStatusCache":"cache","serverRetryInterval":600,"enableSlaves":true,"slaves":[],"slaveConfig":[],"masters":[],"masterConfig":[],"shuffleMasters":true,"enableLogging":false,"enableProfiling":false,"isSybase":false}}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Entry","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisionalDrafts":false,"ignorePlaceholders":false,"drafts":false,"provisionalDrafts":false,"draftId":null,"draftOf":null,"draftCreator":null,"canonicalsOnly":false,"savedDraftsOnly":false,"revisions":false,"revisionId":null,"revisionOf":null,"revisionCreator":null,"id":null,"uid":null,"siteSettingsId":null,"fixedOrder":false,"status":["live"],"archived":false,"trashed":false,"dateCreated":null,"dateUpdated":null,"siteId":1,"unique":false,"preferSites":null,"leaves":false,"relatedTo":null,"notRelatedTo":null,"title":null,"slug":null,"uri":null,"search":null,"inBulkOp":null,"ref":null,"with":null,"eagerLoadSourceElement":{"sectionId":7,"collapsed":false,"postDate":"2025-08-26T18:57:00+00:00","expiryDate":null,"oldStatus":"live","placeInStructure":false,"eagerLoadInfo":null,"id":21130,"tempId":null,"draftId":null,"revisionId":null,"isProvisionalDraft":false,"uid":"6fac53c0-e858-4f6e-b9fd-a669d2f95158","siteSettingsId":21130,"fieldLayoutId":null,"enabled":true,"archived":false,"siteId":1,"title":"Walton, Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. 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Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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. 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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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. 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Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. 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Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 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Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC 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Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 2010<\/li>\n<\/ul>","insurancePracticeAreas":[],"yearsOfPractice":null,"dataPrivacyAndCybersecurity":[],"realEstateLandUse":[],"intellectualPropertyTechnology":[],"startDate":null,"departureDate":null,"equityPartner":false,"onCallTransportationList":false,"legacyId":"11223","transportationCellNumber":null,"onCallPrimary":[],"onCallAlternate":[],"secretaryInfo":[{"col1":"","col2":""}]},"eagerLoadHandle":"attorney:admissions","eagerLoadAlias":null,"eagerly":false,"withCustomFields":true,"withStructure":true,"structureId":null,"level":null,"hasDescendants":null,"ancestorOf":null,"ancestorDist":null,"descendantOf":null,"descendantDist":null,"siblingOf":null,"prevSiblingOf":null,"nextSiblingOf":null,"positionedBefore":null,"positionedAfter":null,"editable":null,"savable":null,"sectionId":null,"typeId":null,"authorId":null,"authorGroupId":null,"postDate":null,"before":null,"after":null,"expiryDate":null,"fieldId":null,"primaryOwnerId":null,"ownerId":null,"allowOwnerDrafts":null,"allowOwnerRevisions":null,"hasMethods":true,"canSetProperties":true,"abotaAdvocateBadge":null,"abotaAssociateBadge":null,"abotaDiplomateBadge":null,"abotaMember":null,"abotaMemberBadge":null,"acronymBuilder":null,"adHocMembers":null,"additionalLocations":null,"additionalPracticeAreas":null,"address":null,"admissions":null,"allDay":null,"allowedAdmissionsForSearchLists":null,"areasOfFocus":null,"articleImage":null,"associations":null,"attorneyEmployee":null,"attorneySpecialist":null,"attribution":null,"awardsHonors":null,"background":null,"background2":null,"badgeOrLogo":null,"badges":null,"baselineLinks":null,"biography":null,"blogCategory":null,"body":null,"businessTransactions":null,"calloutPage":null,"calloutStyle":null,"cellPhone":null,"certificationCallout":null,"certifications":null,"chairs":null,"color":null,"colorLogo":null,"connect":null,"contactTitle":null,"contacts":null,"copyright":null,"customPageTitle":null,"customServiceElement":null,"darkLogo":null,"dataPrivacyAndCybersecurity":null,"departureDate":null,"description":null,"destination":null,"editors":null,"education":null,"email":null,"embed":null,"employeeId":null,"employeePostion":null,"enableVideoCallouts":null,"endDate":null,"equityPartner":null,"eventAddress":null,"eventContacts":null,"eventEnd":null,"eventFee":null,"eventLongTitle":null,"eventStart":null,"eventsCle":null,"eventsCleContacts":null,"executives":null,"fax":null,"featuredInsightsItem":null,"featuredItems":null,"featuredNewsroomItem":null,"firstName":null,"footerFeature":null,"formattedFullName":null,"homeOfficeLocation":null,"homepageCards":null,"homepageHero":null,"homepageHeroMobileTablet":null,"homepageLinks":null,"insurancePracticeAreas":null,"intellectualPropertyTechnology":null,"keywords":null,"landingSections":null,"languageDetails":null,"languages":null,"lastName":null,"leadershipBio":null,"legacyId":null,"lightLogo":null,"linkChildrenEntries":null,"linkedPage":null,"linkedinUrl":null,"litigation":null,"locationHeader":null,"locationsMap":null,"mainMenu":null,"managementCommitteeMembers":null,"mediaContacts":null,"menuChildren":null,"middleInitial":null,"militaryService":null,"mobileMenu":null,"navItem":null,"navTree":null,"navTreeTop":null,"needsDirectContactInfo":null,"newsCategory":null,"newsletterUrl":null,"ntpBadge":null,"officeContactTitle":null,"onCallAlternate":null,"onCallPrimary":null,"onCallTransportationList":null,"pageCallouts":null,"pageLink":null,"pageSummary":null,"parentLink":null,"percentageGrid":null,"phone":null,"photos":null,"plaintext":null,"plaintext2":null,"podcastCategory":null,"position":null,"positionList":null,"postAuthors":null,"postList":null,"practiceAreas":null,"primaryOnly":null,"proBono":null,"professionalPresentations":null,"profileImage":null,"pronouns":null,"publications":null,"quickLinks":null,"realEstateLandUse":null,"registrationLink":null,"regulatory":null,"relatedAttorneys":null,"relatedOffices":null,"relatedSectors":null,"relatedServices":null,"representativeMatters":null,"resources":null,"richText":null,"richText2":null,"richText3":null,"secretaryInfo":null,"seoSettings":null,"shadow":null,"showAcronymGraphic":null,"showBackground":null,"showPercentagesInfographic":null,"source":null,"specialists":null,"specialtiesLists":null,"startDate":null,"statColumns":null,"state":null,"statsCallout":null,"tags":null,"text":null,"topMenu":null,"transportationCellNumber":null,"vcard":null,"viceChairs":null,"videoCallout":null,"videoPlaceholder":null,"videoUrl":null,"yearsOfPractice":null},"badges":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[]},"limit":null,"offset":null,"orderBy":[{"expression":"","params":[]}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Asset","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisional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Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 2010<\/li>\n<\/ul>","insurancePracticeAreas":[],"yearsOfPractice":null,"dataPrivacyAndCybersecurity":[],"realEstateLandUse":[],"intellectualPropertyTechnology":[],"startDate":null,"departureDate":null,"equityPartner":false,"onCallTransportationList":false,"legacyId":"11223","transportationCellNumber":null,"onCallPrimary":[],"onCallAlternate":[],"secretaryInfo":[{"col1":"","col2":""}]},"eagerLoadHandle":"attorney:badges","eagerLoadAlias":null,"eagerly":false,"withCustomFields":true,"withStructure":null,"structureId":null,"level":null,"hasDescendants":null,"ancestorOf":null,"ancestorDist":null,"descendantOf":null,"descendantDist":null,"siblingOf":null,"prevSiblingOf":null,"nextSiblingOf":null,"positionedBefore":null,"positionedAfter":null,"editable":null,"savable":null,"volumeId":null,"folderId":null,"uploaderId":null,"filename":null,"kind":null,"hasAlt":null,"width":null,"height":null,"size":null,"dateModified":null,"includeSubfolders":false,"folderPath":null,"withTransforms":null,"hasMethods":true,"canSetProperties":true,"abotaAdvocateBadge":null,"abotaAssociateBadge":null,"abotaDiplomateBadge":null,"abotaMember":null,"abotaMemberBadge":null,"acronymBuilder":null,"adHocMembers":null,"additionalLocations":null,"additionalPracticeAreas":null,"address":null,"admissions":null,"allDay":null,"allowedAdmissionsForSearchLists":null,"areasOfFocus":null,"articleImage":null,"associations":null,"attorneyEmployee":null,"attorneySpecialist":null,"attribution":null,"awardsHonors":null,"background":null,"background2":null,"badgeOrLogo":null,"badges":null,"baselineLinks":null,"biography":null,"blogCategory":null,"body":null,"businessTransactions":null,"calloutPage":null,"calloutStyle":null,"cellPhone":null,"certificationCallout":null,"certifications":null,"chairs":null,"color":null,"colorLogo":null,"connect":null,"contactTitle":null,"contacts":null,"copyright":null,"customPageTitle":null,"customServiceElement":null,"darkLogo":null,"dataPrivacyAndCybersecurity":null,"departureDate":null,"description":null,"destination":null,"editors":null,"education":null,"email":null,"embed":null,"employeeId":null,"employeePostion":null,"enableVideoCallouts":null,"endDate":null,"equityPartner":null,"eventAddress":null,"eventContacts":null,"eventEnd":null,"eventFee":null,"eventLongTitle":null,"eventStart":null,"eventsCle":null,"eventsCleContacts":null,"executives":null,"fax":null,"featuredInsightsItem":null,"featuredItems":null,"featuredNewsroomItem":null,"firstName":null,"footerFeature":null,"formattedFullName":null,"homeOfficeLocation":null,"homepageCards":null,"homepageHero":null,"homepageHeroMobileTablet":null,"homepageLinks":null,"insurancePracticeAreas":null,"intellectualPropertyTechnology":null,"keywords":null,"landingSections":null,"languageDetails":null,"languages":null,"lastName":null,"leadershipBio":null,"legacyId":null,"lightLogo":null,"linkChildrenEntries":null,"linkedPage":null,"linkedinUrl":null,"litigation":null,"locationHeader":null,"locationsMap":null,"mainMenu":null,"managementCommitteeMembers":null,"mediaContacts":null,"menuChildren":null,"middleInitial":null,"militaryService":null,"mobileMenu":null,"navItem":null,"navTree":null,"navTreeTop":null,"needsDirectContactInfo":null,"newsCategory":null,"newsletterUrl":null,"ntpBadge":null,"officeContactTitle":null,"onCallAlternate":null,"onCallPrimary":null,"onCallTransportationList":null,"pageCallouts":null,"pageLink":null,"pageSummary":null,"parentLink":null,"percentageGrid":null,"phone":null,"photos":null,"plaintext":null,"plaintext2":null,"podcastCategory":null,"position":null,"positionList":null,"postAuthors":null,"postList":null,"practiceAreas":null,"primaryOnly":null,"proBono":null,"professionalPresentations":null,"profileImage":null,"pronouns":null,"publications":null,"quickLinks":null,"realEstateLandUse":null,"registrationLink":null,"regulatory":null,"relatedAttorneys":null,"relatedOffices":null,"relatedSectors":null,"relatedServices":null,"representativeMatters":null,"resources":null,"richText":null,"richText2":null,"richText3":null,"secretaryInfo":null,"seoSettings":null,"shadow":null,"showAcronymGraphic":null,"showBackground":null,"showPercentagesInfographic":null,"source":null,"specialists":null,"specialtiesLists":null,"startDate":null,"statColumns":null,"state":null,"statsCallout":null,"tags":null,"text":null,"topMenu":null,"transportationCellNumber":null,"vcard":null,"viceChairs":null,"videoCallout":null,"videoPlaceholder":null,"videoUrl":null,"yearsOfPractice":null},"abotaMember":{"label":"ABOTA 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Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 2010<\/li>\n<\/ul>","insurancePracticeAreas":[],"yearsOfPractice":null,"dataPrivacyAndCybersecurity":[],"realEstateLandUse":[],"intellectualPropertyTechnology":[],"startDate":null,"departureDate":null,"equityPartner":false,"onCallTransportationList":false,"legacyId":"11223","transportationCellNumber":null,"onCallPrimary":[],"onCallAlternate":[],"secretaryInfo":[{"col1":"","col2":""}]},"eagerLoadHandle":"attorney:education","eagerLoadAlias":null,"eagerly":false,"withCustomFields":true,"withStructure":true,"structureId":null,"level":null,"hasDescendants":null,"ancestorOf":null,"ancestorDist":null,"descendantOf":null,"descendantDist":null,"siblingOf":null,"prevSiblingOf":null,"nextSiblingOf":null,"positionedBefore":null,"positionedAfter":null,"editable":null,"savable":null,"sectionId":null,"typeId":null,"authorId":null,"authorGroupId":null,"postDate":null,"before":null,"after":null,"expiryDate":null,"fieldId":[30],"primaryOwnerId":null,"ownerId":[21130],"allowOwnerDrafts":null,"allowOwnerRevisions":null,"hasMethods":true,"canSetProperties":true,"abotaAdvocateBadge":null,"abotaAssociateBadge":null,"abotaDiplomateBadge":null,"abotaMember":null,"abotaMemberBadge":null,"acronymBuilder":null,"adHocMembers":null,"additionalLocations":null,"additionalPracticeAreas":null,"address":null,"admissions":null,"allDay":null,"allowedAdmissionsForSearchLists":null,"areasOfFocus":null,"articleImage":null,"associations":null,"attorneyEmployee":null,"attorneySpecialist":null,"attribution":null,"awardsHonors":null,"background":null,"background2":null,"badgeOrLogo":null,"badges":null,"baselineLinks":null,"biography":null,"blogCategory":null,"body":null,"businessTransactions":null,"calloutPage":null,"calloutStyle":null,"cellPhone":null,"certificationCallout":null,"certifications":null,"chairs":null,"color":null,"colorLogo":null,"connect":null,"contactTitle":null,"contacts":null,"copyright":null,"customPageTitle":null,"customServiceElement":null,"darkLogo":null,"dataPrivacyAndCybersecurity":null,"departureDate":null,"description":null,"destination":null,"editors":null,"education":null,"email":null,"embed":null,"employeeId":null,"employeePostion":null,"enableVideoCallouts":null,"endDate":null,"equityPartner":null,"eventAddress":null,"eventContacts":null,"eventEnd":null,"eventFee":null,"eventLongTitle":null,"eventStart":null,"eventsCle":null,"eventsCleContacts":null,"executives":null,"fax":null,"featuredInsightsItem":null,"featuredItems":null,"featuredNewsroomItem":null,"firstName":null,"footerFeature":null,"formattedFullName":null,"homeOfficeLocation":null,"homepageCards":null,"homepageHero":null,"homepageHeroMobileTablet":null,"homepageLinks":null,"insurancePracticeAreas":null,"intellectualPropertyTechnology":null,"keywords":null,"landingSections":null,"languageDetails":null,"languages":null,"lastName":null,"leadershipBio":null,"legacyId":null,"lightLogo":null,"linkChildrenEntries":null,"linkedPage":null,"linkedinUrl":null,"litigation":null,"locationHeader":null,"locationsMap":null,"mainMenu":null,"managementCommitteeMembers":null,"mediaContacts":null,"menuChildren":null,"middleInitial":null,"militaryService":null,"mobileMenu":null,"navItem":null,"navTree":null,"navTreeTop":null,"needsDirectContactInfo":null,"newsCategory":null,"newsletterUrl":null,"ntpBadge":null,"officeContactTitle":null,"onCallAlternate":null,"onCallPrimary":null,"onCallTransportationList":null,"pageCallouts":null,"pageLink":null,"pageSummary":null,"parentLink":null,"percentageGrid":null,"phone":null,"photos":null,"plaintext":null,"plaintext2":null,"podcastCategory":null,"position":null,"positionList":null,"postAuthors":null,"postList":null,"practiceAreas":null,"primaryOnly":null,"proBono":null,"professionalPresentations":null,"profileImage":null,"pronouns":null,"publications":null,"quickLinks":null,"realEstateLandUse":null,"registrationLink":null,"regulatory":null,"relatedAttorneys":null,"relatedOffices":null,"relatedSectors":null,"relatedServices":null,"representativeMatters":null,"resources":null,"richText":null,"richText2":null,"richText3":null,"secretaryInfo":null,"seoSettings":null,"shadow":null,"showAcronymGraphic":null,"showBackground":null,"showPercentagesInfographic":null,"source":null,"specialists":null,"specialtiesLists":null,"startDate":null,"statColumns":null,"state":null,"statsCallout":null,"tags":null,"text":null,"topMenu":null,"transportationCellNumber":null,"vcard":null,"viceChairs":null,"videoCallout":null,"videoPlaceholder":null,"videoUrl":null,"yearsOfPractice":null},"languages":{},"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 2010<\/li>\n<\/ul>","insurancePracticeAreas":{},"yearsOfPractice":{"label":null,"value":null,"selected":true,"valid":false,"icon":null,"color":null},"dataPrivacyAndCybersecurity":{},"realEstateLandUse":{},"intellectualPropertyTechnology":{},"startDate":null,"departureDate":null,"equityPartner":false,"onCallTransportationList":false,"legacyId":"11223","transportationCellNumber":null,"onCallPrimary":{"select":{"**":"**"},"selectOption":null,"distinct":false,"from":null,"groupBy":null,"join":null,"having":null,"union":null,"withQueries":null,"params":[],"queryCacheDuration":null,"queryCacheDependency":null,"where":{"elements.id":[]},"limit":null,"offset":null,"orderBy":[{"expression":"","params":[]}],"indexBy":null,"emulateExecution":false,"elementType":"craft\\elements\\Entry","customFields":null,"generatedFields":null,"inReverse":false,"asArray":false,"withProvisionalDrafts":false,"ignorePlaceholders":false,"drafts":false,"provisionalDrafts":false,"draftId":null,"draftOf":null,"draftCreator":null,"canonicalsOnly":false,"savedDraftsOnly":false,"revisions":false,"revisionId":null,"revisionOf":null,"revisionCreator":null,"id":null,"uid":null,"siteSettingsId":null,"fixedOrder":false,"status":["live"],"archived":false,"trashed":false,"dateCreated":null,"dateUpdated":null,"siteId":1,"unique":false,"preferSites":null,"leaves":false,"relatedTo":null,"notRelatedTo":null,"title":null,"slug":null,"uri":null,"search":null,"inBulkOp":null,"ref":null,"with":null,"eagerLoadSourceElement":{"sectionId":7,"collapsed":false,"postDate":"2025-08-26T18:57:00+00:00","expiryDate":null,"oldStatus":"live","placeInStructure":false,"eagerLoadInfo":null,"id":21130,"tempId":null,"draftId":null,"revisionId":null,"isProvisionalDraft":false,"uid":"6fac53c0-e858-4f6e-b9fd-a669d2f95158","siteSettingsId":21130,"fieldLayoutId":null,"enabled":true,"archived":false,"siteId":1,"title":"Walton, Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC Conference, Washington, D.C., 2014<\/li>\n\t<li>Discovery in Arbitration Proceedings,<\/em> American Bar Association 14th Annual Section of Dispute Resolution Spring Conference, Washington, D.C., 2012<\/li>\n\t<li>Zealous and Cost Efficient Legal Defense in Insurance Defense Matters<\/em>, Massachusetts Insurance Division Continuing Education Program, 2011<\/li>\n\t<li>The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation<\/em>, 50th Annual Meeting of Invited Attorneys, 2011<\/li>\n\t<li>Understanding Ethics for the Design Professional<\/em>, Continuing Legal Education Seminar for Design Professionals, 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Kenneth B","slug":"walton-kenneth-b","uri":"attorneys\/walton-kenneth-b","dateCreated":"2025-08-26T18:57:56+00:00","dateUpdated":"2026-01-20T17:47:13+00:00","dateLastMerged":null,"dateDeleted":null,"deletedWithOwner":null,"trashed":false,"forceSave":false,"fieldId":null,"sortOrder":null,"canonicalId":21130,"cpEditUrl":"https:\/\/lewisbrisbois.com\/admin\/entries\/attorneys\/21130-walton-kenneth-b","isDraft":false,"isRevision":false,"isUnpublishedDraft":false,"ref":"attorneys\/walton-kenneth-b","status":"live","structureId":null,"url":"https:\/\/lewisbrisbois.com\/attorneys\/walton-kenneth-b","primaryOwnerId":null,"ownerId":null,"authorId":21850,"authorIds":[21850],"typeId":12,"formattedFullName":"Kenneth B. Walton","firstName":"Kenneth","middleInitial":"B","lastName":"Walton","pronouns":null,"positionList":"Partner","employeeId":"21424","profileImage":[45355],"email":"Ken.Walton@lewisbrisbois.com","phone":"857.313.3936","cellPhone":null,"linkedinUrl":null,"vcard":[],"homeOfficeLocation":[18090],"additionalLocations":[18108,18158],"biography":"Kenneth B. Walton is the Managing Partner of the Boston and Hingham offices of Lewis Brisbois and national chair of the Architects & Engineers Practice. Mr. Walton is also vice-chair of the Labor & Employment Practice, and a member of the Professional Liability, General Liability\/Excess, and Complex Business & Commercial Litigation Practices. Mr. Walton 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. Mr. Walton also handles complex commercial civil litigation matters for public and private clients. Mr. Walton 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. Mr. Walton has handled hundreds of trials, mediations, arbitrations, and administrative hearings throughout the country. Mr. Walton 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. Mr. Walton 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.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2452,2416,2392,2300,2340,2420,2358,2438,2460],"additionalPracticeAreas":[],"relatedSectors":[],"admissions":[1718,1738,1754,1762,1765,1719,1805,1720,1859,1721,1897,1924,1936,1723,1977,1724],"badges":[],"abotaMember":"abotaMember","education":{"67732":{"title":"New England School of Law (now known as New England Law Boston)","slug":"new-england-school-of-law-now-known-as-new-england-law-boston","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor,\u00a0cum laude,<\/em>\u00a01992<\/p>\n\n<ul>\n\t<li>President of the Student Bar Association<\/li>\n\t<li>Recipient of the New England Scholar Award<\/li>\n\t<li>Recipient of the Dean\u2019s Award<\/li>\n\t<li>Recipient of the American Jurisprudence Award<\/li>\n\t<li>Current Member of Alumni Board<\/li>\n<\/ul>"}},"67733":{"title":"St. Lawrence University","slug":"st-lawrence-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Arts, Economics, 1989<\/p>\n\n<ul>\n\t<li>Captain, Varsity Basketball Team<\/li>\n<\/ul>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>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<\/li><li>Boston Magazine<\/i>\u2019s Top Lawyers\u2019 List - Construction, 2025<\/li><li>Massachusetts Super Lawyers, 2009-2024<\/li><li>New England Super Lawyers, 2018-2024<\/li><li>American Board of Trial Advocates (ABOTA) Member (2020-present)<\/li><\/ul>","representativeMatters":"<ul>\n\t<li>Obtained trial victory in multi-million dollar case involving two deaths in Connecticut Superior Court.<\/li>\n\t<li>Obtained trial victory in multi-million dollar lawsuit filed against engineering client in Connecticut Superior Court.<\/li>\n\t<li>Obtained dismissal of multi-million dollar wrongful death lawsuit filed against a business owner.\u00a0<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit filed against client arising out of a bridge project.<\/li>\n\t<li>Obtained dismissal of client on first day of trial in wrongful death personal injury action filed against client.<\/li>\n\t<li>Obtained dismissal of wrongful death lawsuit against client arising out of traffic accident.<\/li>\n\t<li>Obtained affirmation of trial court victory in favor of client at Massachusetts Appeals Court in case arising out of a serious injury.<\/li>\n\t<li>Obtained trial victory on behalf of architect in multi-million dollar lawsuit filed by project owner.\u00a0<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained trial victory in favor of client on multi-million claim filed by project contractor.<\/li>\n\t<li>Achieved a million dollar trial victory on behalf of a plaintiff against a defendant\/financial advisor.<\/li>\n\t<li>Obtained defense verdict in favor of corporate client after a Bench Trial in the District Court department.<\/li>\n\t<li>Obtained summary judgment on behalf of client in $10 million lawsuit filed by Owner. Successfully affirmed dismissal of the lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against employer in wrongful termination employment dispute filed by employee.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against insurer\/client sued in a declaratory judgment lawsuit in New Hampshire.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a serious personal injury claim at a restaurant.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of a personal injury lawsuit at a school in New Hampshire.<\/li>\n\t<li>Obtained dismissal of multi-million lawsuit filed against client arising out of large project development.<\/li>\n\t<li>Obtained dismissal of subrogation lawsuit filed against client arising out of a shopping mall project. Also, recovered legal fees incurred defending the lawsuit.<\/li>\n\t<li>Obtained dismissal of client in lawsuit arising out of serious personal injuries at a traffic intersection.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit against business owner due to plaintiff\u2019s failure to properly serve the defendant with process.<\/li>\n\t<li>Obtained arbitration award in favor of client in claim arising out of design and construction of manufacturing facility.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of golf course project. Successfully affirmed dismissal of lawsuit at Massachusetts Appeals Court.<\/li>\n\t<li>Obtained dismissal of lawsuit against client arising out of design and construction of multi-million dollar residence.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against owner of large commercial facility. Successfully defended dismissal of lawsuit at Appeals Court.<\/li>\n\t<li>Obtained summary judgment decision in favor of business owner entitling him to defense and indemnity protection in lawsuit filed against business owner.<\/li>\n\t<li>Obtained summary judgment in favor of contractor client entitling contractor to a defense and indemnity protection in lawsuit filed against contractor.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal in $25 million lawsuit filed against client arising out of University project. (Case is on appeal).<\/li>\n\t<li>Obtained dismissal of lawsuit filed against law firm in case arising out of an underlying medical malpractice dispute.<\/li>\n\t<li>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.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by project contractor in serious personal injury lawsuit on a construction project. Also, recovered client\u2019s legal fees in lawsuit.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client by property owner arising out of flood and wall collapse on shopping mall project.<\/li>\n\t<li>Obtained summary judgment order in favor of client entitling client to recovery of legal fees and costs and indemnity protection.<\/li>\n\t<li>Obtained dismissal of claim against client in adversary proceeding lawsuit filed against client in bankruptcy court in New Hampshire.<\/li>\n\t<li>Obtained dismissal on behalf of client in multi-million dollar personal injury lawsuit filed against client arising out of motor vehicle\/intersection accident.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained affirmation of lower court dismissal of lawsuit against doctor\/client at the New York Supreme Court\/Appellate Division.<\/li>\n\t<li>Obtained dismissal of lawsuit filed against client arising out of alleged survey issues on a development project.<\/li>\n\t<li>Obtained arbitration victory in favor on client on fee claim filed by client against project owner.<\/li>\n\t<li>Obtained arbitration ruling in favor of client denying class action certification and negating an attempt to create nationwide class action and multi-million claim.<\/li>\n\t<li>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.<\/li>\n\t<li>Obtained dismissal of a client from a lawsuit involving a commercial dispute.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a medical facility against wrongful termination claim resulting in dismissal of the charge.<\/li>\n\t<li>Obtained a summary judgment decision in favor of a financial services company resulting in dismissal of a lawsuit. (Dismissal upheld by Appeals Court).<\/li>\n\t<li>Obtained a summary judgment (and dismissal) on behalf of a design professional based on the statute of repose defense.<\/li>\n\t<li>Obtained large arbitration award in favor of a construction company client, including unpaid fees and recovery of attorneys\u2019 fees and costs.<\/li>\n\t<li>Obtained a favorable jury verdict for design professional client on a million dollar claim against it.<\/li>\n\t<li>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\u2019 fees.<\/li>\n\t<li>Successfully defended client against MCAD charge resulting in the dismissal of employment claim.<\/li>\n\t<li>Successfully defended a design professional client in an arbitration claim against it and recovered\u00a0fees in same proceeding.<\/li>\n\t<li>Obtained summary judgment in favor of client on a multi-million claim against it based on the defenses of collateral estoppel and res judicata.<\/li>\n\t<li>Obtained summary judgment in favor of a client based on a no legal duty defense.<\/li>\n\t<li>Successfully defended a corporate client in an effort to pierce the corporate veil and obtained summary judgment in favor of the client.<\/li>\n\t<li>Obtained summary judgment and dismissal of a client against a Wage Act claim and attempted class action lawsuit.\u00a0<\/li>\n\t<li>Defeated attempt by opposing\u00a0party to obtain a permanent injunction against a client homeowner's association<\/li>\n\t<li>Obtained summary judgment victory and case dismissal\u00a0in a case filed against financial consultant client.<\/li>\n\t<li>Obtained summary judgment victory in favor of Bank client based on a no legal duty argument.<\/li>\n\t<li>Successfully defended developer against a multi-million dollar contractor claim at arbitration.<\/li>\n\t<li>Obtained summary judgment and order requiring owner to defend and\u00a0indemnify design professional client in wrongful death case.<\/li>\n\t<li>Successfully argued statute\u00a0of repose defense in favor of client at New Hampshire Supreme Court.<\/li>\n\t<li>Defeated attempt to impose an injunction based on language in separation agreement.\u00a0<\/li>\n\t<li>Successfully obtained defense verdict in favor of attorney client after eight (8) day jury trial.<\/li>\n\t<li>Obtained multi-million dollar plainitff's verdict in favor of design professional client after six (6) day jury trial.<\/li>\n\t<li>Obtained defense verdict in favor of business cleint in case involving an employment claim.\u00a0<\/li>\n<\/ul>","associations":"<ul>\n\t<li>American Board of Trial Advocates (ABOTA)<\/li>\n\t<li>American Bar Association<\/li>\n\t<li>Boston Bar Association<\/li>\n\t<li>Massachusetts Bar Association<\/li>\n\t<li>Defense Research Institute<\/li>\n<\/ul>","proBono":null,"militaryService":null,"publications":"<ul><li>Chapter 4: Architect-Engineer Contracting<\/i>, co-authored with David Hatem and David Corkum, partners with Donovan Hatem LLP. Federal Government Construction Contracts, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.<\/li><li>Electronic Discovery: Following the Paperless Trail<\/i>, ACEC Annual Meeting, 2009 (also published in the Massachusetts Law Review)<\/li><li>The Relevancy Rules<\/i>, American Jurisprudence, 1997<\/li><li>A Guide to the Federal Rules of Civil Procedure<\/i>, American Jurisprudence, 1995<\/li><\/ul>","professionalPresentations":"<ul>\n\t<li>Arbitration vs. Litigation: You be the Judge<\/em>, 2019<\/li>\n\t<li>How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit After it is Filed, <\/em>Numerous venues, including New York, Boston and Chicago, 2018<\/li>\n\t<li>Design Professional Cybersecurity & Digital Design Practices<\/em>, Insurance Conference, Santa Barbara, CA, 2017<\/li>\n\t<li>Employment Practices Basics Seminar<\/em>, Numerous venues, including New York and Boston, 2016<\/li>\n\t<li>Electronic Discovery, An Overview of Federal and Massachusetts Rules<\/em>, ACEC 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Wilke","firstName":"Cheryl","middleInitial":null,"lastName":"Wilke","pronouns":null,"positionList":"Partner","employeeId":"25014","profileImage":[45562],"email":"Cheryl.Wilke@lewisbrisbois.com","phone":"954.495.2220","cellPhone":null,"linkedinUrl":{"value":"https:\/\/www.linkedin.com\/in\/cheryl-wilke-0169306\/","type":"url"},"vcard":[],"homeOfficeLocation":[18106],"additionalLocations":[18188],"biography":"Cheryl Wilke divides her time between the firm\u2019s Fort Lauderdale, Washington D.C., and Los Angeles offices. \u00a0 Cheryl specializes in employment law and the representation of professionals including architects, engineers, directors, officers, attorneys, and brokers. In addition, Cheryl has expertise in all areas of government contracting compliance. She also has a wide range of experience in federal and state courts in all types of commercial litigation.\u00a0<\/p>Cheryl works as a business partner with her clients to achieve their goals for employee compliance, risk management, and litigation strategies as well as defending professional liability claims. Her employment litigation experience has included several cases where an executive has been accused of a pattern of sexual harassment while in the scope of the employee\u2019s position. Cheryl is certified by the EEOC to conduct investigations and provide employer training.\u00a0<\/p>Cheryl has defended Directors\u2019 and Officers\u2019 claims resulting from both internal and external claims as well as defended professionals in the financial, legal,\u00a0insurance, and engineering fields. She focuses on cases in which employees, including executives, are accused of committing crimes such as corporate espionage, theft, misappropriation, and embezzlement in addition to claims of malpractice asserted against professionals.\u00a0Cheryl has also represented clients in D&O and Professional Liability claims brought by investors and members of the public asserting improper financial disclosures and investor relation statements.\u00a0In addition, Cheryl has represented insurance brokers in Professional Liability claims.<\/p>Prior to joining Lewis Brisbois, Cheryl served as Corporate Counsel and Chief Litigation Officer for a publicly traded REIT. In this role, she directed the defense of claims made or asserted against the company\u2019s D&O policy. Prior to that, Cheryl was with a national firm for 22 years as the partner in charge of the Ft. Lauderdale office and Business Development officer for the firm.<\/p>","position":null,"leadershipBio":null,"keywords":null,"practiceAreas":[2416,2364,2494,2340,2474,2452,2438],"additionalPracticeAreas":[2394,2358,2328],"relatedSectors":[],"admissions":[1718,1736,1740,1741,1721,1892,1900,1902],"badges":[],"abotaMember":"no","education":{"67935":{"title":"Stetson University College of Law","slug":"stetson-university-college-of-law","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Juris Doctor<\/em>, 1991<\/p>"}},"67936":{"title":"Florida Atlantic University","slug":"florida-atlantic-university","type":"education","enabled":true,"collapsed":false,"fields":{"description":"Bachelor of Science, 1988<\/p>"}}},"languages":[],"languageDetails":null,"certifications":null,"awardsHonors":"<ul><li>Inductee to the Florida Atlantic University Alumni Hall Of Fame, 2025<\/li><li>Member of the Board of Directors of WLRN Public Media<\/li><li>Vice-Chair of the Florida Atlantic University Foundation Board<\/li><li>\u201cBest Lawyers in America,\u201d<\/i>\u00a0Commercial Litigation, 2025 & 2026<\/li><li>2023 Florida Trend Managing Partner of the Year<\/li><li>100 Outstanding Women Leaders, Boy's and Girl's Club, 2018<\/li><li>50 Most Influential Women Business Leaders,\u00a0South Florida Business Journal<\/i>, 2016<\/li><\/ul>","representativeMatters":"<ul><li>Downie v. BF Weston, Inc. and BurgerFi International<\/i>, Case No. 0:16-cv-60348; So. Dist. of Florida. Defense Verdict. 2017<\/li><li>Myers v. Toojay's Management Group<\/i>, 640 F.2d 1278 (11th Cir. 2011)<\/li><li>Murray v. 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