Welcome to the Law Office of Kevin R. McCarthy. Mr. McCarthy
brings a diverse and highly successful background to his
legal practice. Prior to founding his own firm, Mr. McCarthy
served as a Vice-President of the Dunkin' Donuts Corporation
and as President of Quikava - a subsidiary of Chock Full 'O
Nuts Inc.
Mr. McCarthy
presently serves as the Chairperson and CEO of the
Dunkin'
Donuts Independent Franchise Owners (DDIFO) organization
which represents over 1500 Dunkin' Brand franchise units accross New England and the Mid-Atlantic states.
While attending the Boston University School of Law, Mr.
McCarthy distinguished himself as the Best Oralist in the
Stone Moot Court, was invited to participate in the
prestigious Albers Moot Court and was selected to represent
the Boston University School of Law as a member of the
Craven Constitutional Moot Court Team.
Mr. McCarthy possesses an MBA from the Suffolk University
School of Management and a BA from Lake Forest College along
with a JD from the Boston University School of Law.
Mr. McCarthy is a Massachusetts attorney practicing in the areas of
Franchise Law, Civil litigation, Employment Law and Real Estate Law. Additionally, Mr. McCarthy is
a past Chairman and Board Member of the
New England Franchise
Association (NEFA). He is also a past
President of the National Association of Public Interest Law and has
practiced before both Federal and Massachusetts State Courts and is
admitted to the United States Supreme Court.
Mr. McCarthy
briefed and argued for the plaintiff in
Boulanger v. Dunkin' Donuts,
442 Mass. 635 (2004) before the
Massachusetts Supreme Judicial
Court, a case of first impression in Massachusetts pertaining to restrictive covenants
and non-compete agreements in the franchise context. This case was
twice featured on the front page of Massachusetts Lawyers
Weekly.
Mr. McCarthy
successfully represented the defendant at the United States District
Court for the District of Massachusetts in Bowen
Investment, Inc. and Honey Dew Associates, Inc. v. Carneiro Donuts, Inc
et al, C.A. No. 05-11709 NMG ( 2/22/2006).
This federal case was tried through a jury verdict and
involved such issues as breach of franchise contract,
trademark violations, breach of the warranty of good faith
and fair dealing, fraud through material misrepresentation
and failure to disclose material facts,
the Rhode Island Franchise Investment Act and M.G.L. c. 93A (unfair and deceptive business
practices statute).
Mr. McCarthy
represented the Appellees, at the
United States Court of
Appeals for the First Circuit, in an appeal filed by
Bowen Investment, Inc. This appeal, brought by Bowen
Investment, Inc., involved issues related to the Judgment
and the lower federal court's denial of attorney fees to
Bowen Investment, Inc. Mr. McCarthy wrote and argued the Appellees' Brief.
On
June 12, 2007 the First Circuit ruled in favor of Mr.
McCarthy's clients on all counts in a written and published
decision. See
Bowen Investment Inc. v. Carneiro Donuts Inc., 490 F.3d 27 (1st Cir., 2007).