DeFilipp

Kristyn DeFilipp

Partner
Co-Chair, Business Disputes Group
Boston

Clients across the entire healthcare industry come to me for creative and practical solutions to business challenges.

Kristyn DeFilipp represents clients in highly regulated industries in their most difficult disputes. She is an aggressive trial lawyer who can also be counted on to find creative resolutions that serve her clients’ best interests. A soup-to-nuts litigator, Kristyn leads impact litigations, with a specialty in federal preemption of state laws, and also represents businesses in complex commercial disputes such as contentious competitor litigation involving trade secret and unfair competition claims.  

Kristyn’s practice focuses on healthcare and life sciences clients. She represents clients throughout the healthcare industry: payers, hospitals, pharmaceutical and diagnostics companies, health IT companies, and other healthcare adjacent businesses. 

Kristyn is a member of the firm’s State AG group and regularly collaborates with members of the firm’s nationally-recognized Healthcare Regulatory Department to provide holistic counsel on federal reimbursement laws, state healthcare laws, and disputes between payors and providers.
 
Her experience includes matters before state and federal trial courts, federal appellate courts, administrative agencies, and arbitrators, including emergency injunctive proceedings (TROs and preliminary injunctions). She focuses on strategic and high-value solutions for business disputes, and enjoys working closely with clients to determine the best course of action to achieve their goals. She has significant first-chair trial experience, having tried more than a dozen cases.
 
Kristyn plays an active role in internal firm matters. She has served as co-chair of the Litigation Department since 2021.   As co-chair, Kristyn is responsible for the strategic direction of the firm’s diverse litigation bench.  She partners with leadership to recruit and retain top talent, spur innovation, and deliver exceptional legal services to clients. She is also active in the firm’s pro bono program. Kristyn previously served as a Special Assistant District Attorney for Norfolk County, where she represented the Commonwealth of Massachusetts in all stages of criminal prosecutions, including bench and jury trials.

Education

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

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts

Experience

HEALTHCARE-RELATED LITIGATION
  • Represents national trade association for pharmacy benefit managers in federal impact litigation, successfully invalidated multiple state laws on ERISA and Part D preemption grounds.
  • Represents a Fortune 500 company as national settlement counsel in multi-state opioids litigation brought by states, cities and counties.
  • Represented medical school in dispute with teaching hospital.
  • Represented dental services organization in enforcement action alleging violation of state consumer protection laws.
  • Represented healthcare provider in reimbursement appeal arising out of Medicare related-party principles.  Provider prevailed after administrative hearing.
  • Represented national trade association for behavioral health providers in amicus brief to First Circuit on False Claims Act liability.
COMPLEX BUSINESS DISPUTES
  • Represents household name e-commerce company in disputes with suppliers and other contractual counterparties.
  • Successfully defended private equity firm against anti-raiding and associated restrictive covenant claims involving the hiring of over one dozen high-level employees in multiple-front litigation in Delaware Chancery Court, arbitration, and federal district court.
  • Represented education technology company in suit against former employee alleging trade secret misappropriation, obtaining early favorable settlement.
  • Represented parent company in post-acquisition Earn-Out dispute audit.
  • Represented startup “green wall” business in patent license and fiduciary dispute with former shareholder and his new venture.
  • Represented closely-held life sciences consulting corporation and majority shareholders in suit against minority shareholder for breach of shareholder agreement.  Obtained favorable settlement.  
  • Represented closely-held corporation and majority shareholder in suit between shareholders and company alleging “freeze-out” and breaches of fiduciary duty.  Obtained jury verdict against minority shareholder for breach of fiduciary duty relating to FDA compliance.
  • Represented global medical diagnostics company in thirteen-day arbitration over dispute with key vendor concerning exclusivity and FDA quality and compliance issues.  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 MATTERS
  • Conducts highly sensitive internal investigations into allegations of workplace impropriety, including allegations concerning executive misconduct.
  • Successfully defended renowned biological engineer in internal investigation relating to allegations of racial bias.
  • Represented hospital client in gender discrimination action resulting in favorable settlement.
  • 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
  • Authored amicus brief in connection with Trump administration’s efforts to invalidate state tuition equity policies.
  • Represented a class of Massachusetts Medicaid beneficiaries plaintiffs in civil rights action against Massachusetts agencies for asserted violations of the Americans with Disabilities Act in the Commonwealth’s Medicaid programs, resulting in extensively negotiated MassHealth policy changes.
  • Advised multiple clients on reproductive rights laws in wake of Dobbs v. Jackson Women’s Health Organization.
  • Co-authored amicus briefs on behalf of MassTLC in federal court cases related to “travel ban” executive orders.
  • 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 & Involvement

HONORS
  • Best Lawyers: Commercial Litigation (2023-2027)
  • Boston Magazine: Commercial Litigation (2025)
  • Lawyers’ Committee for Civil Rights and Economic Justice (LCCR): Civil Rights Pro Bono Award, (2015)
  • Harvard Law School: Ames Moot Court Competition Semi-Finalist (2008)
INVOLVEMENT
  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • Former Commissioner on Melrose Commission on Women
  • Producer of the annual elementary school musical

Events

Winter Walk 2024 Page
Sponsorship 02/11/2024
Health Care Policy in the Courts Page
Foley Hoag Event 03/25/2021

Other Events

  • “Legal Risks Following Dobbs,” Jewish Federations of North America (September, 2022)
  • “State PBM Laws – When Are They Preempted?,” AHLA Health Plan Law and Compliance Institute (May 2022)