Kristyn Bunce DeFilipp

Associate - Boston

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Contact Information

617.832.1218

617.832.7000

kbunce@foleyhoag.com Download vCard

Kristyn DeFilipp is an experienced litigator with a focus on healthcare adjacent disputes, complex commercial litigation, and labor and employment issues. Her clients include multi-national corporations, technology companies at all stages, health care providers and trade associations.

Kristyn’s significant commercial litigation experience is wide-ranging, and includes matters before state and federal courts, administrative agencies, and arbitrators. She focuses on strategic and cost-effective solutions for business disputes, and works closely with clients to determine the best course of action to achieve their goals. Kristyn counsels clients in every phase of litigation, from pre-dispute discussions to mediation, through trials, arbitrations and appeals.

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Education:

  • Harvard Law School, J.D., 2009
  • Boston College, B.A. in Theatre Arts and English, summa cum laude, 2004

Representative Experience

Healthcare-Related Litigation

  • Represented national trade association for pharmacy benefit managers in federal litigation, successfully invalidated state law on drug pricing on ERISA preemption grounds
  • Representing healthcare provider in reimbursement appeal arising out of Medicare related-party principles
  • Represented national trade association for behavioral health providers in amicus brief to First Circuit on False Claims Act liability

Complex Business Disputes

  • Representing closely held corporation and majority shareholder in suit between shareholders and company alleging “freeze-out” and breaches of fiduciary duty
  • Represented global medical diagnostics company in thirteen-day arbitration over dispute with key vendor.  Kristyn examined twelve witnesses, including four expert witnesses, in this contentious and high-stakes contract dispute
  • Represented closely held corporation in suit between stockholders and counterclaim by company against 50% stockholder. Obtained favorable high six-figure jury verdict against 50% stockholder for his breach of fiduciary duty to the company arising out of stockholder’s communications with labor union
  • Represented multinational software consulting company in ICDR arbitration regarding dispute over implementation of CRM software at telecommunications utility, resulting in multi-million dollar award for client
  • Represented medical device manufacturer in patent infringement suit involving methods of automating nucleic acid diagnostic assays and related consumable products, resulting in favorable settlement

Employment Litigation

  • Won full defense verdict after federal jury trial on behalf of hospital client, securing dismissal of all claims in a multi-count complaint alleging race discrimination. Kristyn served as second chair litigator on this trial team and handled examinations of the individual defendant, damages expert witness, and the plaintiff’s key fact witness.
  • Won administrative trial on behalf of retail coffee client, dismissing all age discrimination and retaliation claims (37 MDLR 154)
  • Successfully defended national retail chain in charge of disability discrimination and retaliation, resulting in lack of probable cause finding by state agency and dismissal of federal lawsuit.
  • Successfully defended an employer in a race discrimination case by achieving dismissal at beginning stages of the case at the Massachusetts Commission Against Discrimination
  • Successfully represented an employer in a dispute concerning a card-check procedure set forth in a union neutrality agreement

Significant Pro Bono/Civil Rights Experience

  • Co-authored amicus briefs on behalf of MassTLC in federal court cases related to “travel ban” executive orders
  • Represented plaintiffs in federal Fair Housing Act case against major East Coast based multi-state rental company, achieving favorable settlement, which is one of the first of its kind to hold a landlord responsible for remedying tenant-on-tenant racial harassment
  • On behalf of a victim of domestic violence, obtained reversal of denial of a 209A restraining order in the Massachusetts Appeals Court
  • Obtained remand of agency decision in veteran’s claim for service-connection

Honors

  • Civil Rights Pro Bono Award, Lawyers’ Committee for Civil Rights and Economic Justice (LCCR), 2015
  • Harvard Law School Ames Moot Court Competition Semi-Finalist, 2008

Involvement

  • Massachusetts Bar Association, Member
  • Boston Bar Association, Member
  • Citizens Schools, 8th Grade Academy Writing Coach
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Bar Admissions

  • Massachusetts