AiVi Nguyen

Overview

AiVi Nguyen is a business lawyer with a specialty in litigation, a practical strategist with a focus on complex contract, real estate and employment disputes. AiVi represents businesses of all sizes and in all stages of growth in Massachusetts, Connecticut, and Rhode Island in a wide variety of industries spanning from healthcare to craft breweries. “I think of myself as a problem solver,” she says. AiVi’s goal is to get her clients the best result in the most efficient manner. Sometimes that means taking a matter all the way through trial, where AiVi has proven to be an aggressive and successful advocate.

She has extensive experience litigating at the trial and appellate levels as well as in arbitrations and mediations. She also represents clients before state regulatory and adjudicatory agencies and has defended other attorneys before the state Board of Bar Overseers in disciplinary proceedings.

AiVi’s broad litigation background has provided her with an understanding of the business needs of her clients. She candidly counsels owners and executives on practical, day-to-day issues, firmly believing that the best litigation lawyers are the ones who insulate their clients from being sued. “As much as I love litigation, my aim is to keep my clients out of it,” she says.

AiVi is a 2017 recipient of the Worcester Business Journal’s Outstanding Women in Business Award. (Click here to view a brief video assembled in AiVi’s honor.) She is also a 2016 recipient of the YWCA of Central Massachusetts Katharine F. Erskine award in the category of Business & Law, which honors women who have shown not only achievement in their professions, but also dedication to promoting diversity through social and racial equality, community involvement and serving as a role model for women and girls. She is a member of the 2015 “40 Under Forty” class, an honor given by the Worcester Business Journal.

Among her many roles at the firm, AiVi is a leading contributor to three of the firm’s blogs: Campus Counsel, At the Bar with Bowditch and The Case for Inclusion. Her opinion and legal commentary pieces are frequently featured in publications such as the New England Journal of Higher Education and Worcester Business Journal. She is also the Chair of the firm’s Diversity Committee, which is devoted to “progress within the firm and in the communities where we live and work,” according to AiVi. Her commitment to this progress is demonstrated through her frequent seminars and talks on issues of diversity in the workplace.

Outside of the firm, AiVi is the Vice Chair of the City of Worcester’s Diversity and Inclusion Advisory Committee and Chair of the United Way of Central Massachusetts. Through these particular roles, AiVi plans to promote the city’s diversity by supporting the community’s outreach programs and services. As a Worcester native, AiVi is deeply committed to giving back to the community that helped shape her.

Before Bowditch

AiVi was a Summer Associate at Bowditch & Dewey in 2008. She was also a Judicial Intern for The Honorable F. Dennis Saylor, U.S. District Court for the District of Massachusetts, 2007-2008.

Besides work

AiVi is a beer collector and connoisseur. “We travel for beer,” recently making the pilgrimage to Brussels for the ultimate sour beer adventure.

Affiliations

Worcester is AiVi’s hometown, and she is committed to its continued economic and cultural progress.

Professional/Community

Chair, United Way of Central Massachusetts
Director, Edward M. Kennedy Community Health Center
Chair, Diversity Committee of Bowditch & Dewey, LLP
Board Member, Squares Squared (Nonprofit that runs Pow! Wow! Worcester)
Vice Chair, Diversity and Inclusion Advisory Committee, City of Worcester
Attorney Advisory Committee, Boston Lawyers Group
Corporator, Greater Worcester Community Foundation
Member, Worcester County Bar Association
Member, Asian-American Lawyers Association of Massachusetts
Corporator, YWCA of Central Massachusetts

Board of Directors, United Way of Central Massachusetts
Board of Trustees, Quinsigamond Community College, 2010-2016
Former Worcester Advisory Board Member, Bottom Line

Articles + Talks

Articles

“10 Things I Know About Effectively Serving on a Nonprofit Board,” Worcester Business Journal, October 15, 2018
“10 Things I Know About Creating a Truly Diverse Workplace,” Worcester Business Journal, June 11, 2018
“10 Things I Know About Opening a Brewery,” Worcester Business Journal, March 19, 2018
“10 Things I know about: Causing & preventing business litigation,” Worcester Business Journal, January 8, 2018
“Understanding How the First Amendment Treats ‘Hate Speech’,” This Week In Worcester, September 5, 2017
“Five Signs Your Lawyer is a Keeper,” Worcester Business Journal, June 12, 2017
“How Much Power Does a Higher Ed Institution Have Over Including Transgender Students in Greek Life?,” The New England Journal of Higher Education, December 19, 2016
“The Massachusetts Equal Pay Act: What it Means for Employers,” Human Resources Management Association newsletter, October 2016
“Pabst Blue Ribbon to John Cena/WWE: ‘We have a chokehold called the Cease & Desist’,” Craft Brewing Business, June 28, 2016
“Campus Free Speech Presents Both Legal and PR Challenges For Colleges,” WGBH News On Campus Blog, April 30, 2016
“Campus Free Speech Presents Both Legal and PR Challenges for Colleges,” The New England Board of Higher Education, April 19, 2016
“Partner at 31; Worcester Advocate Since Childhood,” Worcester Business Journal, February 1, 2016
“Investing in Millennials is an Investment in Worcester,” Worcester Business Journal, January 18, 2016
“What to Do If You Own a VW Diesel Car,” GoLocalWorcester, October 9, 2015
“Facebook Privacy Policy Hoax Strikes Again,” GoLocalWorcester, September 30, 2015
“Massachusetts Investigates the Legality of DraftKings,” GoLocalWorcester, September 23, 2015
“The Problem with Releasing Kim Davis from Jail,” GoLocalWorcester, September 9, 2015
“The Family of Hall of Famer Junior Seau vs. The NFL,” GoLocalWorcester, August 12, 2015
“Clerk That Will Not Grant Marriage Licenses To Gay Couples May Be Held In Contempt,” GoLocalWorcester, September 2, 2015
“Did You Know Jim Beam Bourbon Is Not ‘Handcrafted’?” GoLocalProv, August 27, 2015
“How the Deceased Auburn Child Ended Up in Foster Care,” GoLocalWorcester, August 19, 2015
“What You Need to Know Before Signing Uber Petition,” GoLocalWorcester, August 6, 2015
“Goodells Final Decision – Does the Punishment Fit the Crime,” GoLocalWorcester, July 29, 2015
“The Ashley Madison Hack – Why Users Should Probably Still Be Worried,” GoLocalWorcester, July 22, 2015
“Fans are Tired of the Baseball Rule and Demand Safety,” GoLocalWorcester, July 15, 2015
“Spanking Your Kids: The Parental Privilege Defense,” GoLocalWorcester, July 8, 2015
“Understanding the Logic of Same-Sex Marriage Decision by SCOTUS,” GoLocalWorcester, July 1, 2015
“MLB Hacking Scandal: The Cardinals Potential Legal Exposure,” GoLocalWorcester, June 25, 2015
“The Hope Solo Saga: U.S. Soccer and Domestic Violence Allegations,” GoLocalWorcester, June 17 2015
“Does Prohibiting A Scandalous Trademark Infringe On The Right To Free Speech?” GoLocalWorcester, June 10, 2015
“How Will The Law Protect Caitlyn Jenner Against Discrimination?” GoLocalWorcester, June 4, 2015
“Appealing the Suspension: Brady’s Play Options,” GoLocalWorcester, May 27, 2015
“Asian Americans Seek To Abolish Affirmative Action At Harvard,” GoLocalWorcester, May 20, 2015
“Pay to Play Investigation of Craft Beer Industry Comes to a Head,” GoLocalWorcester, May 13, 2015
“Tsarnaev: The Cost Of A Death Sentence Versus Life Imprisonment,” GoLocalWorcester, May 6, 2015
“Same Sex Marriage Before the Supreme Court: What is at Stake?” GoLocalWorcester, April 29, 2015
“The Civil Suits Against Aaron Hernandez,” GoLocalWorcester, April 22, 2015
“Sentencing Tsarnaev to Death: The Burden of Proof,” GoLocalWorcester, April 15, 2015
“Compensating the Victims of the Germanwings Tragedy,” GoLocalWorcester, April 8, 2015
“Blurred Lines Indeed: Did The Jury Get It Wrong?” GoLocalWorcester, April 1, 2015
“Getting Robert Durst ‘Confession’ Recordings Into Evidence at Trial,” GoLocalWorcester, March 25, 2015
“Does Your March Madness Work Pool Break The Law?” GoLocalWorcester, March 18, 2015
“The Email Scandal: Did Hillary Clinton Break The Law?” GoLocalWorcester, March 11, 2015
“Boston Marathon Bombers Jury: How Did We Get Here?” GoLocalWorcester, March 5, 2015
“Uber As We Know It May Be Gone Forever,” GoLocalWorcester, February 25, 2015
“Hernandez Did Not Need To Pull The Trigger To Be Found Guilty Of Murder,” GoLocalWorcester, February 18, 2015
“Hernandez Trial: Think About the Appeal,” GoLocalWorcester, February 11, 2015

Talks

“A Brush with the Law…” Podcast, Pop It, December 20, 2018
Executive Speaker, Color Magazine’s Diversity & Inclusion in Legal Practice Summit, December 13, 2018
“AiVi Nguyen – Law Partner at 31? Boss.,” How to Change the World, Episode 28, Javelina, August 2018
Executive Speaker, “In the Pursuit of Success,” Women of Color Leadership and Empowerment Conference, June 22, 2018
Moderator, “Young Professionals Leadership Panel Discussion,” Corridor Nine Area Chamber of Commerce, HYPE9, Westborough, Massachusetts, June 6, 2018
“Legal Considerations for Business Owners,” Certified Value Growth Advisors, Dedham, Massachusetts, May 16, 2018
“Navigating Career Politics: Creating Your Own Opportunities,” Worcester Women’s Leadership Conference, DCU Center, Worcester, Massachusetts, May 3, 2018
“Legal Considerations for Start-Up and Early-State Businesses,” Center for Women and Enterprise, Westborough, Massachusetts, May 2, 2018
“Get on Board,” Non-profit Director Workshop, Boston College Law School, Boston, MA, February 9, 2018
“The Start-up Ecosystem: Worcester UX (User Experience),” Worcester Regional Chamber of Commerce’s Game Changers Business Conference & Expo, Worcester, Massachusetts, October 20, 2017
“Drugs & Alcohol On Campus: Protecting the University,” Bowditch & Dewey College and University Roundtable, Worcester/South Hadley, Massachusetts, May 2017
“Lady Boss: Millennial Women in Charge,” Worcester Regional Chamber of Commerce’s Women’s Leadership Conference, Worcester, Massachusetts, April 13, 2017
“From Campus to the Courtroom: Recent Developments in Title IX Litigation,” Bowditch & Dewey College and University Roundtable, Worcester/South Hadley, Massachusetts, September/October 2016
“Study Abroad Programs: Your Legal Responsibilities and Obligations,” Bowditch & Dewey College and University Roundtable, Worcester/South Hadley, Massachusetts, April 2016
“Say Anything? Tips and Strategies for Addressing Student and Employee Speech on Campus and Online,” Bowditch & Dewey, Worcester/South Hadley, Massachusetts, March 2016
“Leaves and Accommodations for Employees and Students,” Bowditch & Dewey College and University Roundtable, Worcester/South Hadley, Massachusetts, October 2014
“Don’t Fumble Domestic Violence in the Workplace,” Bowditch & Dewey, Worcester, Massachusetts, October 28, 2014

Bar Admissions

Massachusetts
Connecticut
Rhode Island
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit
U.S. Supreme Court

Education

J.D., Boston College Law School
B.A., cum laude, University of Pennsylvania

Experience

Obtaining a preliminary injunction keeps a craft brewery in business

When a craft brewery in Massachusetts was told that it had violated its lease, it could have put them out of business and killed a key part of its town’s revitalization. “The dispute was over the presence of food trucks and live music,” AiVi noted. “We prevailed at a preliminary injunction stage because the judge was persuaded by my client’s real life story. We were aggressive in making our case, written and oral, and it was the right strategy, since a preliminary injunction has to meet a very high legal standard.” Pending final resolution, AiVi’s client is still operating…business as usual.

Forcing the sale of a historic commercial property

For two years, a local father/son commercial real estate company negotiated to buy a building in the heart of one of Boston’s key, historic neighborhoods. During that period, they managed and improved the property, investing hundreds of thousands of dollars on the strength of a handshake. “The owner kept delaying the purchase/sale agreement,” AiVi explained. “Finally, when it came time to follow through with the transaction, the seller upped the price.” She filed for a preliminary injunction to force the sale at the handshake price…and won. “My client has been able to update the property in a way that helps uplift the entire neighborhood.”

Other experience

Favorable verdict in trial representing commercial tenant against its landlord for failure to remediate property after extensive damage caused by landlord’s negligence.
Successfully defended mortgage company client in multiple consumer protection actions.
Favorable settlement mid-way through trial in an action against high-end kitchen renovation company.
Significant settlement results on behalf of client in an action against mortgage servicing company for negligent winterization of property valued at more than $2 million.
Favorable results for an institutional financial services client accused of breach of contract and negligence in complex dispute over decedent’s property.
Negotiated dissolution of closely-held franchise partnership that held over 100 franchises, with favorable results to client.

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