Kendall Dacey focuses her practice on civil litigation, white collar criminal defense, and government and internal investigations. Clients with which she works include medical device manufacturers, pharmaceutical companies, educational and religious institutions, financial services companies, and individuals. Kendall has significant experience conducting highly sensitive investigations regarding allegations of sexual misconduct, workplace harassment, retaliation and discrimination. She also conducts investigations addressing allegations of health care fraud and improper marketing of pharmaceutical products.
Kendall has been a member of several investigation and arbitration teams. In this role, she manages discovery, prepares clients and witnesses for interviews and testimony, and develops arbitration strategy. She also assists clients with alternative dispute resolution, including mediation.
Kendall maintains an active pro bono practice, representing clients in criminal defense and immigration proceedings. She also represents local nonprofit organizations resolving litigation disputes.
Prior to joining the firm, Kendall interned for Judge Kermit Lipez, in Portland, Maine, and Judge Juan Torrella, in Boston, Massachusetts, both of the U.S. Court of Appeals for the First Circuit. A former All-American swimmer at Amherst College, Kendall remains actively involved in the swimming community and was recently elected to serve on USA Swimming’s Ethics Committee.
Experience
Sexual Misconduct & Workplace Harassment Investigations and Representation
- Represents religious institutions investigating and resolving allegations of historical misconduct.
- Advises colleges, universities and private school Boards regarding allegations of faculty misconduct.
- Advises sports apparel company and youth sports producer in civil litigation related to allegations of athlete abuse.
- Conducted investigations into investment management firms’ allegations of workplace harassment, retaliation and discrimination.
- Drafts compliance policies related to clients’ code of conduct, sexual abuse trainings, and mandatory reporting procedures.
- Drafts employee trainings to properly investigate allegations of workplace harassment, bias, and discrimination.
Criminal Defense
- Represents pharmaceutical manufacturer under criminal investigation relating to sales and marketing practices; relationships with health care providers, pharmacies, and distributors/wholesalers; and other issues.
- Represented multiple criminal defendants in compassionate release petitions due to the COVID-19 pandemic; secured early release to home confinement.
- Successfully represented a criminal defendant against federal charges related to the distribution and trafficking of controlled substances; secured a sentence below the mandatory minimum.
Investigations
- Counsel to private equity portfolio company regarding an investigation into whistleblower allegations related to accounting fraud.
- Counsel to major pharmaceutical company in antitrust enforcement action by state attorney general focused on bundling and rebate walls.
- Represented former employee of medical device manufacturer in multi-year DOJ investigation relating to False Claims Act and kickback allegations; assisted in successful deposition defense.
- Conducted internal investigation for medical device company related to health care provider kickback allegations.
- Conducted internal investigation on behalf of travel company into allegations of tax and accounting fraud in foreign subsidiary.
- Advised hedge fund regarding potential whistleblower allegations of fraud and violations of U.S. securities laws.
- Advised large, publicly traded company in multi-year SEC investigation involving allegations of misleading public statements and accounting fraud; successfully secured termination of the matter without action.
- On behalf of an oil and gas exploration and production company, conducted internal investigation regarding whistleblower allegations that potentially violated the U.S. Foreign Corrupt Practices Act and UK Bribery Act.
Commercial Litigation & Arbitration
- Part of trial team that secured a favorable verdict on behalf of the founder of one of the nation’s leading home health and hospice business in a lawsuit alleging breaches of non-competition, non-solicitation, and confidentiality agreements in Texas state court.
- Represented a public technology company in AAA commercial arbitration concerning $100 million claim for earnout payments allegedly due under a purchase agreement.
- Represented footwear and apparel company in commercial licensing dispute against competitive fitness sports company; resolved in settlement after motion to dismiss briefing.
- Represented life science technology company in defending antitrust counterclaims asserted by parties alleged to have misappropriated client’s intellectual property.
- Represented Creditor in the Chapter 11 restructuring of Windstream Holdings Inc.
Anti-Corruption Investigations and Diligence
- Performs pre-investment diligence for private equity and venture capital firms.
Pro Bono
- Represented historical society in a dispute regarding the ownership of Civil War artifacts; successfully resolved in mediation.
- Member of Special Master team appointed by the Supreme Judicial Court of Massachusetts to oversee inmate confinement conditions and early release opportunities under the current COVID-19 crisis.
- Represents asylum seeker in immigration court hearings; co-lead during direct testimony in Merit’s Hearing.