Katherine Y. Fergus

Of Counsel

Since 1997, clients from virtually every industry have turned to Kate for help solving problems ranging from employment disputes to theft of intellectual property. Kate works with her clients to resolve issues to their satisfaction with sound advice and if necessary, litigation. Kate has litigated everything from multimillion-dollar business disputes and tort cases to landlord/tenant and easement disputes. She has tried numerous cases to final verdict in the state and federal courts and argued on appeal in the appellate courts. Kate is admitted to practice in both Massachusetts and Maine.

Kate began her career as an intellectual property litigator at a small boutique firm in Boston. In 2000, Kate moved to the Boston office of a large national law firm where she expanded her practice to include a variety of litigation matters, including employment, business, real estate, and health care litigation. In 2012, she joined Spruce Law LLC, which became Of Counsel to Archstone Law Group in 2015.

Kate is a magna cum laude graduate of Suffolk University Law School and a graduate of Bowdoin College where she majored in Sociology and Political Science. She is the author of several articles for The ABA Woman Advocate. Since 2005, Kate has been selected by her peers as a Massachusetts Rising Star in business litigation, a distinction reserved for those deemed to be among the top up-and-coming lawyers in Massachusetts. Kate lives in Andover, Massachusetts with her two children. She is a Pacesetter for the Making Strides Against Breast Cancer, Walk for the Cure.Kate also bikes in the Pan-Mass Challenge to raise money for cancer research at Dana Farber.

Representative Experience

Advises and assists companies in connection with employee separations.
Represents companies in connection with employment-related claims brought before various state and federal agencies and courts.
Represents companies in enforcing restrictive covenants and protection of intellectual property.
Represents banking institutions in litigation brought under the foreclosure statutes and for litigation aimed at protecting and liquidating debtor assets.
Represented a golf ball and clothing manufacturing company which brought claims against a software development company it had retained to create a state of the art foot scanner to customize golf footwear.
Represented a company defending against allegations of trade mark infringement and breach of contract for alleged theft of the technology used to collect and store data for FEMA in connection with natural disasters.
Represented a company seeking to recoup $4 million in proceeds escrowed subsequent to the sale of a maritime vessel to a third party.
Represented a company which brought a trade mark and trade dress infringement action in connection with the style of its storage facilities.
Represented the target of a Klein Conspiracy investigation who had been subpoenaed to provide information regarding his oversees business dealings.
Represented a witness called to provide information in connection with the future indictment of employees of a biotech company.
Tried quantum merit matter for an individual who cared for aging neighbors until their death.
Tried a commercial summary process action on behalf of a tenant that resulted in the extension of an expired lease for a period of several months, giving the tenant client time to locate suitable alternate commercial space for his business.
Argued and obtained summary judgment for defendant commercial real estate development company in a negligence case brought by a plaintiff with significant personal injuries and more than $1.4 million in medical expenses.
Obtained dismissal of counterclaims and confirmation of arbitration ward in favor of financial services entity.
Obtained summary judgment for insurer in a commercial insurance coverage case. Represented an individual in a Massachusetts Wage Act claim which went up on appeal on issues involving spoliation of evidence.
Represented a construction company to favorable resolution of claims against general contractor and various property owners for failure to pay amounts due for work, including obtaining mechanic’s liens on the properties at issue.
Represented an easement holder in Suffolk County Land Court in connection with litigation over the continued existence and scope of the easement.
Represented a promotional products and travel company in a matter involving a former consultant claiming hundreds of thousands of dollars in damages for breach of contract.
Represented individuals in various landlord/tenant matters throughout the Commonwealth of Massachusetts.

Awards & Recognition

Massachusetts and New England Rising Star, 2005-2014
Making Strides Against Breast Cancer’s Walk for the Cure, Pacesetter, 2010-2012
Duane Morris LLP Pro Bono Initiative – Recognition for Hours Devoted, 2010
Duane Morris LLP Work/Life Balance Award, inaugural recipient, 2009
National Association of Women Lawyers’ Award, 1997