David Viens

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David Viens is an experienced business/commercial litigator and tort defense lawyer with substantial experience representing a broad variety of clients in business/commercial disputes and high exposure tort matters.  Dave also has significant experience representing clients in the hospitality industry in a broad variety of litigation matters.  Dave’s practice includes general contract/business/commercial litigation, close-corporation shareholder/partnership disputes, construction litigation, real estate litigation, employment litigation, insurance litigation and litigation involving financial institutions/professionals, as well as litigation implicating other professionals (insurance, medical, etc.).  Dave also devotes a large portion of his practice to defending corporate clients and large property owners, as well as an international utility company, in tort matters, including premise and product liability actions, negligence, strict liability, G.L. Chapter 93A, wrongful death and catastrophic injury cases.  Dave’s experience representing clients in the hospitality industry includes representation of large national hotel chains, convention centers, sporting arenas, event/entertainment venues, liquor licensees, food services businesses and public and private transportation authorities and businesses.

Dave represents clients throughout Massachusetts, has successfully tried cases (first and second chair) 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 (“SJC”).  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).

Dave has been selected for inclusion in the 2015 Massachusetts Super Lawyers Rising Stars.

Admitted to Practice: 

Massachusetts
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit

Background: 

Dave joined Bowditch & Dewey in 2010.  Prior to joining the firm, Dave worked for several years at a large regional litigation firm based in Boston, where his practice focused on general civil litigation and liability defense.  Following law school, Dave completed a one-year judicial clerkship with the Justices of the Massachusetts Superior Court, where he worked closely with various Justices and completed a rotation in the Suffolk County Business Litigation Session.

Dave is a summa cum laude graduate of Suffolk University Law School (4th in his class of 343), where he completed the Civil Litigation Academic Concentration, with distinction.  Dave was elected by his peers to serve as the Executive Editor of the Suffolk University Law Review after previously earning a spot as a Staff Member through the write-on competition.  While in law school, Dave also served as an SJC Rule 3:03 Certified Student Attorney for the Suffolk University Law School’s Disability Advocacy Clinic and worked as a Law Clerk and Summer Associate at a large Boston firm.  Dave was the winner of the Second Year Mock Trial Competition and recipient of Jurisprudence Awards in Constitutional Law, Professional Responsibility and Secured Transactions.  Dave also received awards for writing and oral advocacy in his first-year Legal Practice Skills course, was awarded a Suffolk Public Interest Law Group Fellowship following his first year and was a finalist for the 2003 Suffolk University Law Review Best Summer Submission Competition which led to the publishing of his Law Review write-on submission.  Dave was the recipient of the Phi Delta Phi Legal Fraternity Professional Responsibility Award in 2004 and at graduation, received the Leo J. Wyman Memorial Fund Award, which is awarded to the graduating student who, in the judgment of the faculty, most advances the civic and professional responsibilities of a lawyer.


Publications and Speaking Engagements

Dave is the author of the following: 

  • 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).
  • Panel Member, Boston Bar Association, Friday Fundamentals, "Drafting Complaints and Answers."

Professional Affiliations: 

  • Member, Massachusetts Defense Lawyers Association
  • Member, Defense Research Institute
    • Retail and Hospitality Committee
    • Commercial Litigation Committee
  • Business Partner, Massachusetts Restaurant Association
    • Member, Business Partner Committee
  • Member, Worcester County Bar Association
  • Member, Worcester Young Businessmen's Association

Community Affiliations:

  • Board of Directors, Boys & Girls Club of Worcester
  • Former Board Member, Grafton/Wachusett Lakers Youth Hockey Organization
  • Former/Founding Board Member, Junior Crusaders Youth Hockey Organization
  • Former Board Member, Lady Crusaders Youth Hockey Organization
  • Former Coach, South Boston Youth Soccer and South Boston Youth Softball