David Viens


David Viens - attorney

Dave is a Partner at Kenney & Sams.  He is an experienced business and commercial litigator with nearly twenty years of experience representing businesses and individuals in complex litigation in Massachusetts state and federal courts.  Though often representing corporate clients and large property owners and developers, Dave’s practice includes general contract/business/commercial counseling and litigation, construction litigation, real estate litigation, close-corporation shareholder/partnership disputes, employment litigation, manufacturing/distribution disputes, insurance litigation, intellectual property, product and tort liability, and litigation involving financial institutions and other professionals.  Dave also has extensive experience defending corporations in consumer protection litigation, including class actions, and is regularly retained by other lawyers around the country to serve as local counsel in complex litigation in Massachusetts courts.  

Dave represents clients throughout Massachusetts, has successfully tried cases in the Massachusetts (state) Superior and District Courts and has appeared in every state and federal court department in Massachusetts. Dave has also successfully appeared before the Massachusetts Appeals Court and Supreme Judicial Court.  Dave has also been admitted pro hac vice numerous times to serve as counsel for clients in litigation outside of Massachusetts.  

Prior to joining Kenney and Sams, Dave was a partner with a large, regional litigation firm and, before that, a partner with a mid-size, full-service business law firm.

Representative Experience

  • Obtained a jury verdict on behalf of a national healthcare provider system.
  • Represented a national healthcare provider system and obtained favorable settlement of all claims.
  • Represented commercial property owner in multi-million-dollar lease/option dispute with tenant and obtained favorable resolution and settlement of claims
  • Obtained defense verdict for large property owner client following Superior Court jury trial of negligence and breach of warranty of habitability claims
  • Obtained jury verdict as co-counsel for client in Wage Act/breach of contract employment action
  • Obtained dismissal of serious injury claims against large software company client in negligence action arising from warehouse equipment injury involving contractor
  • Defeated motion for preliminary injunction in partnership dispute between owners of property and various businesses, allowing for negotiation of favorable buy-out by client
  • Represented majority shareholder of closely-held food distribution corporation in action arising from dispute with family member shareholders, reaching favorable buy-out settlement pending appeal
  • Negotiated substantial settlement for construction manager client in contract dispute with developer concerning multi-million dollar construction project
  • Successfully defeated motions for summary judgment in multi-million-dollar copyright and software licensing dispute in federal court, allowing for pretrial favorable resolution of claims by and against client
  • Successfully represented banking client in Land Court action involving reformation of various deeds and mortgages, as well as claims of equitable subrogation
  • Represented transportation company in dispute with various commercial property abutters arising from $100 million dollar facility expansion project, allowing for successful completion of project
  • Represented trucking equipment repairer/distributor client in wrongful death action arising from dump truck accident
  • Obtained stay of indefinite liquor license suspension issued by Alcoholic Beverages Control Commission (ABCC) for restaurant client, allowing client to reopen and reach ultimate favorable resolution of action
  • Obtained numerous summary judgments and dismissals for various clients in business and personal tort matters

Publications & Speaking Engagements

  • Shift Beer? First, Some Liability Consideration for Breweries with Free Beer Policies for Employees, Craft Brewing Business (February 14, 2017)
  • “Judge Rules Against Mark Fidrych’s Widow in Wrongful Death Suit,” quoted in Worcester Telegram & Gazette (September 24, 2016)
  • “Drafting Complaints and Answers,” Boston Bar Association’s Friday Fundamentals, January 15, 2016
  • “As Big Fantasy Sports Sites Face Judge, Small Sites in Focus,” quoted in The Street (November 25, 2015)
  • “Some Fantasy Sports Sites May Be Skirting the Reality of Legal System,” quoted in The Deal (September 4, 2015)
  • Civil Litigation and Surveillance: Practical Considerations for Civil Litigators, Massachusetts Bar Inst., Section Review, Vol. 9, No. 1 (2007) (co-author)
  • Countdown to Injustice: The Irrational Application of Criminal Statutes of Limitations to Sexual Offenses Against Children, 38 Suffolk U. L. Rev. 169 (2005)
  • Say No More: Police Coercion of Self-Incriminating Statements Alone Not Violative of Self-Incrimination Clause—Chavez v. Martinez, 538 U.S. 760 (2003), 38 Suffolk U. L. Rev. 223 (2005)

Past and Present Memberships

  • Greater Boston Chamber of Commerce, Hospitality and Tourism Leadership Council
  • Massachusetts Defense Lawyers Association (MassDLA)
  • Defense Research Institute (DRI), Retail and Hospitality Committee and Commercial Litigation Committee
  • Massachusetts Restaurant Association, Business Partner Committee
  • Worcester County Bar Association
  • Worcester Young Businessmen’s Association
  • Boys and Girls Club of Worcester, Board of Directors

Awards and Recognition

  • Repeatedly selected for inclusion in “Massachusetts Super Lawyers” and “Massachusetts Super Lawyers, Rising Stars” Lists for Business Litigation
  • Worcester Business Journal, “40 Under Forty” Awards, Class of 2017

Practice Areas


  • Massachusetts

  • United States District Court – Massachusetts

  • U.S. Court of Appeals, First Circuit


  • Suffolk University School of Law, J.D., summa cum laude, 2005

    • Executive Editor, Suffolk University Law Review
  • University of Rochester, B.A., 2000