David Viens Partner

Boston, MA Worcester, MA

Phone: (617) 439-7566 (Boston); (508) 890-3514 (Worcester) Fax: (617) 342-4899 Download VCard

David  Viens

Dave is a partner in the Boston and Worcester offices of Morrison Mahoney.  As a business lawyer and litigator, he focuses on the avoidance and resolution of complicated business and commercial disputes for his clients.  He also has significant experience defending corporate clients, property owners and an international utility company in high exposure tort and other complex litigation. Dave also represents and counsels financial institutions and other businesses in financial, real estate and other transactional matters. Additionally, Dave has significant experience representing clients in the hospitality industry in a broad variety of transactional and litigation matters.

Dave’s practice includes general contract/business/commercial counseling and litigation, close-corporation shareholder/partnership disputes, construction litigation, real estate litigation, employment litigation, insurance litigation, intellectual property and litigation involving financial institutions and other professionals. Dave also has extensive experience in the defense of product liability actions, including toxic tort cases, and general liability claims.

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. See, e.g., Fillepp v. Boston Gas Company, Inc., 85 Mass. App. Ct. 901 (2014); Lev v. Beverly Enterprises-Massachusetts, Inc., 457 Mass. 234 (2010) (co-counsel).

Representative Experience

  • 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 several hundred thousand dollar 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 general liability actions

Publications

  • 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)
  • “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)

Speaking Engagements

  • "Drafting Complaints and Answers," Boston Bar Association’s Friday Fundamentals, January 15, 2016

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

Honors & Awards

  • “40 Under 40,” Worcester Business Journal’s Class of 2017
  • Top-rated in Business Litigation, Super Lawyers magazine 2017
  • Rising Star, Super Lawyers magazine, 2015

Boston, MA Office

250 Summer Street
Boston, MA 02210
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Worcester, MA Office

446 Main Street
Suite 1010
Worcester, MA 01608
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Areas of Practice

Bar Admissions

  • Massachusetts
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit

Degrees

  • J.D., summa cum laude — Suffolk University Law School
  • B.A. — University of Rochester