Carol E. Kamm

Biography:

Carol Kamm is a member of the firm's Litigation/ADR and Employment Law Departments and is located in the firm's Boston office.

Carol focuses her practice on resolving business disputes through advice, negotiation, mediation, and litigation, with an emphasis on disputes involving employment issues or fiduciaries.

Carol's employment practice includes representation of individuals and corporations in a variety of matters involving claims of discrimination, civil rights violations, breach of contract, and other issues. She has represented clients before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the Massachusetts Department of Employment and Training. Her experience includes litigation and appeals in both state and federal courts. In addition, Carol has conducted training for employers on issues such as discrimination, sexual harassment and related supervisor liability. She has also provided advice to a number of corporate clients on a range of employment-related matters, including the Family Medical Leave Act, wage and overtime issues, individual employee performance and discipline, maternity leave, non-competition and confidentiality agreements and other issues.

Carol's fiduciary litigation practice includes representation of individual and corporate fiduciaries and beneficiaries in disputes involving a range of trust and estate issues. She has represented clients in litigation in a number of probate courts in Massachusetts issues related to trust and will interpretation and administration, accountings, breach of fiduciary duty and removal of trustee.

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Related Professional Experience:

Carol practiced in the firm's Springfield office from 1991 until the beginning of 1997. After six years practicing with a Boston litigation firm, Carol rejoined Bulkley Richardson when the firm opened its Boston office in March 2003.

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Representative Experience:

Go-Best v. Citizens Bank. The Massachusetts Supreme Judicial Court affirmed summary judgment on all claims in favor of Citizens Bank in a case involving the theft by an attorney of $5,000,000 from the proceeds of a loan made to him by the plaintiff. Citizens Bank obtained judgment in its favor in the Business Litigation Session of the Superior Court, but the Appeals Court resuscitated two causes of action in a 2-1 decision featuring a bitter dissent. The SJC granted further appellate review to hear the case. After briefing and oral argument, the SJC issued its opinion in the bank's favor.

Odunukwe v. Bank of America. Bank of America obtained a jury verdict in its favor in a case in which plaintiff claimed racial and national origin discrimination because he was able to cash a check at a Bank of America branch after being refused at a different branch. The decision was affirmed by the U.S. First Circuit Court of Appeals.

Balsbaugh v. Citizens Bank. In Superior Court action in which plaintiffs claimed that Citizens cashed checks without proper endorsement, court granted Citizens' motion in limine that plaintiffs had suffered no cognizable damages and dismissed claims. Dismissal was upheld by Appeals Court.

Obtained favorable settlement on behalf of financial institution in employment dispute alleging disability discrimination.

Obtained summary judgment on behalf of financial institution in dispute over funds held by financial institution and claims that financial institution wrongfully refused to pay account proceeds to executor of accountholder's estate.