Lindsay M. Burke
Lindsay Burke, a Director at Kenney & Sams, defends and asserts the rights of companies entangled in complex disputes. Her cases often involve business-to-business contract disputes, business divorce, trade secret litigation, non-competition agreements, and questions regarding intellectual property ownership.
Lindsay has significant experience representing clients before the Business Litigation Session of the Massachusetts Superior Court, the United States District Court for the District of Massachusetts, and state and federal courts in New York. She also has particular strength and experience with resolving cases through mediation, arbitration, or settlement, recognizing the advantages of achieving early resolution so clients can focus on their business. Her ability to connect litigation and business strategy is notable contributor to Lindsay’s effectiveness as a legal strategist. She makes it a priority to learn about her client’s strategic priorities, and then develops a defense or risk management plan that is consistent with their business objectives.
While Lindsay represents a range of businesses – from startups to middle market and household name corporations – she has a particular niche advising technology and life sciences companies on intellectual property ownership and risk management as it relates to the employer-employee relationship. Lindsay helps businesses establish invention protection policies that shield their IP when employees exit, and assert their rights to work product while employees are on their payroll. This includes drafting effective non-compete, non-solicitation, and invention assignment agreements and establishing protections for company trade secrets.
Lindsay also represents biotechnology, pharmaceutical, and medical device, and technology companies in a range of business disputes and risk management matters.
Lindsay is recognized as one of the “Top Women of Law” and an “Up and Coming Lawyer” by Massachusetts Lawyer’s Weekly and has been included on the Super Lawyers list since 2015. She is strongly committed to pro bono service, giving her time and abilities to the survivors of domestic violence.
- Represented biotechnology contract manufacturing organization in dispute with pharmaceutical partner who alleged contamination of research nanoparticles;
- Represented university in breach of contract matter with technology provider;
- Defended technology companies and employees in matters regarding alleged breaches of non-competition and non-solicitation agreements;
- Represented hospital in matter involving allegations of racial discrimination;
- Defended corporate officer of pharmaceutical and medical device company in lawsuit alleging breach of fiduciary duties and wage and hour violation, obtaining full release of client immediately before jury verdict, after a three-week trial;
- Obtained a favorable settlement for biotechnology client in a commercial dispute relating to supply and technology transfer contracts that involved breach of contract, tort, misappropriation of trade secret, and unfair and deceptive trade practice claims;
- Defended pharmaceutical company against claims of breach of contract and intentional interference with contractual relations;
- Represented hospital regarding breach of contract by vendors and partner organizations;
- Obtained voluntary dismissal of a complaint against a major financial institution accused of breach of a customer agreement;
- Represented a regional airline in an AAA arbitration based on breach of contract claims against its multinational partner;
- Advised biotechnology company on implementation of a trade secret policy;
- Represented nonprofit organization in response to sensitive Freedom of Information Act request;
- Represented restaurants in government investigations and franchise disputes;
- Represented health and fitness business regarding employment issues;
- Advised brewery regarding shareholder dispute; and
- Defended hospital foundation against claims of tortious interference with right to an inheritance.
- Women’s Bar Association, Women in the Courtroom Committee Co-Chair
- Trustee, Women’s Bar Foundation
- Massachusetts’s New Non-Compete Law: An Overview
- Down the Garden Path: A Look at the “Garden Leave” Provisions of Proposed Non-Competition Legislation
- Help! Is My Customer List a Trade Secret?
- Human Resource Departments: Immediate Action Required Under the Defend Trade Secrets Act
- Taken For a Ride: Massachusetts SJC Rules that Taxi Drivers are Independent Contractors