Katherine Fergus

Katherine Y. Fergus

Of Counsel

Kate Fergus resolves business problems ranging from employment disputes to the theft of intellectual property. She represents a diverse group of businesses across virtually every industry.

In her practice, Kate counsels clients on a range of employment and separation agreement negotiations. She provides proactive, strong business advice in an effort to avoid litigation where possible, but should litigation be unavoidable, Kate is a fierce advocate who litigates contract, employment, intellectual property, collection and lease disputes. Kate’s litigation experience includes a broad range of matters, from multimillion-dollar business disputes and tort cases, to landlord/tenant and easement disputes. She has tried numerous cases to final verdict, successfully representing her clients’ interests before state, federal and appellate courts.

Kate supports the business goals of women through her active participation in the ABA’s Litigation Section, the Women Advocate. She has been a frequent author of several articles for the ABA’s Woman Advocate publication.

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 firm where she expanded her practice to a variety of litigation matters, including employment, business, real estate, and health care litigation. She joined Spruce Law LLC in 2012, bringing fifteen years of practice as a general commercial litigator.

• 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 meruit 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.