Kendra L. Berardi

Associate

  • Overview

    Biography

    Kendra Berardi focuses her practice on real estate litigation and complex commercial litigation. She is a member of the firm’s Litigation Section, Business Litigation Group, and its Real Estate and Title Insurance Team and Appellate Team.

    Real Estate and Title Insurance Litigation

    Ms. Berardi advises and represents clients in a wide range of disputes related to real property, including land use, zoning, construction defects, utilities, fraudulent title and conveyances, bad faith and coverage, banking and lending, and commercial leasing. Ms. Berardi also counsels clients on issues related to condominium formation, management, and operation, and she mediates and litigates condominium-related disputes.

    Ms. Berardi’s clients include title insurance companies and their insureds, regional and national lenders, builders, developers, condominium associations, and individuals. Ms. Berardi successfully tried a case involving a fraudulent conveyance of commercial property in the Massachusetts Land Court and secured ownership of the property in question for her client despite the fact that the fraudulent deed had been recorded and the fraudulent grantee had moved into, and was operating a business out of, the property.

    Complex Commercial Litigation

    Ms. Berardi handles complex business disputes, including claims for breach of contract and business torts such as fraud, misrepresentation, unfair and deceptive trade practices, and class action litigation. She has a record of success, including obtaining a complete dismissal, prior to discovery, in a multi-district class action claiming damages of hundreds of millions of dollars resulting from an alleged Ponzi scheme. 

    While Ms. Berardi has extensive experience with litigation, she also regularly assists clients with alternative dispute resolution, including arbitration, mediation, and negotiations.

    Pro Bono

    Ms. Berardi’s pro bono efforts include helping victims of domestic violence obtain restraining orders against abusers, which earned her the Middlesex District Attorney’s 209A Pro Bono Initiative Award in 2013. She also represents immigrant and refugee children in deportation proceedings through the organization Kids in Need of Defense (KIND).

    Ms. Berardi has been included in the Massachusetts Super Lawyers® Rising Star list in the area of Civil Litigation Defense since 2014 (Super Lawyers is a registered trademark of Key Professional Media, Inc.).

    Prior to joining Robinson+Cole, Ms. Berardi served as a law clerk for Chief Justice Karyn Scheier of the Massachusetts Land Court.

  • Experience
    • Experience

      Experience

      • Represented a law firm in a class action regarding the firm's handling of a large share of foreclosures in Massachusetts. The plaintiffs sued three major mortgage lenders and their law firms for allegedly wrongful foreclosure practices arising out of assignments of mortgages. The potential class would have involved over 9,000 foreclosures from 2004 to 2008 and tens of millions of dollars in exposure. The U.S. District Court of Massachusetts denied class certification; the U.S. Court of Appeals for the First Circuit affirmed the decision.

      • Negotiated a favorable resolution on behalf of a developer of a multi-million dollar mixed-use condominium, both as the defendant against claims of significant construction defects, and as the plaintiff in a third-party complaint asserting indemnification and contribution claims against subcontractor defendants.

      • Achieved significant victory for client in C.N. Wood Company, Inc. v. Labrie Environmental Group, Case No. 1:12-cv-11778 (D. Mass. 2013). Client manufacturer found not liable on summary judgment to the plaintiff who asserted claims under Massachusetts franchise law.

      • Negotiated, during and after a formal mediation, a favorable result for mortgage broker client on claims that loans were granted on fraudulent information. Global settlement included significant contribution from the closing attorney who had failed to disclose his knowledge of the fraudulent information.

      • Obtained dismissal of claims against a bank in multi-district class action litigation alleging hundreds of millions of dollars in damages because of an alleged Ponzi scheme. 

    • Professional Associations

      Professional Associations

      American Bar Association
      Real Estate, Condemnation, and Trust Litigation Committee, Vice Chair of Content
      Editor-in-Chief of the Real Estate Litigation and Condemnation Journal

      Massachusetts Real Estate Bar Association
      Board of Directors (2014-Present); Executive Committee member (2016-Present); Chair of the Continuing Education Committee (2017- ); Chair of the New Lawyers Section (2014-2016)

      SJC Standing Advisory Committee on Professionalism
      appointed by the Massachusetts Supreme Judicial Court (SJC)

      Boston Bar Association
      Chair of the Title & Conveyancing Committee of the Real Estate Section (2015-2016)
    • Honors + Awards

      Honors + Awards

      Listed as a Rising Star in Massachusetts Super Lawyers® in the area of Civil Litigation Defense for 2014 to 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Awarded the Middlesex District Attorney’s 209A Pro Bono Initiative Award in 2013 as a result of extensive contributions to the Middlesex District Attorney’s 209A Pro Bono program.

  • NEWS + PRESS
    • Publications

      Publications

      "Massachusetts High Court Allows Attorney’s Affidavit to Clear Technical Mortgage Defect," published in the Real Estate Litigation newsletter, an online publication for the American Bar Association’s Litigation Section (8/24/2016)

      "Massachusetts High Court Considers Modernizing State Lease Law," co-authored with Danielle Andrews Long, Lawrence P. Heffernan and John T. Ronayne, published in the ABA's Real Estate Litigation newsletter (5/20/2013)

      "Massachusetts Top Court Redefining Foreclosure Requirements," published in the Real Estate Litigation newsletter, an online publication for the American Bar Association's Real Estate Litigation Section (Summer 2012)

      "Massachusetts Supreme Judicial Court Issues First Post Ibanez Decision Regarding Title," published in Case Notes, a publication of the American Bar Association’s Real Estate Litigation Section (2012)

      "One of These Things Is Not Like the Other: The Error of Applying State Medical Malpractice Limits to Damages Awarded under the Emergency Medical Treatment and Active Labor Act," published in Western New England Law Review, vol. 30, no. 2 (2008)

    • Presentations

      Presentations

      "Troubleshooting Condominium Documents: Rights, Obligations and Potential Conflicts," Boston Bar Association (5/22/2017)

      "Meet the Land Court Judicial Forum 2016," chaired the program, sponsored by MCLE New England in Boston (10/20/2016)
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      "Meet the Land Court Judicial Forum 2015," held at the MCLE Conference Center in Boston, Massachusetts (10/15/2015)
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      "Ibanez and Its Aftermath: Title Issues to Be Aware of Post‐Foreclosure," at 2015 REBA Spring Conference (5/4/2015)

      "Litigating Residential & Commercial Real Estate Disputes," at Massachusetts Continuing Legal Education program, panelist for e-lectures "The Politics and Practicalities of Smoke-Free Condominiums" and "Litigating in the Land Court," which was co-presented with Judge Robert Foster of the Massachusetts Land Court (2/13/2014)
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      "Litigating Real Estate Disputes," at Massachusetts Continuing Legal Education program, panelist on "Litigating in the Land Court" and "Litigating Post-Ibanez, Bevilacqua, and Eaton Matters" (2/5/2013)

      "Litigating Real Estate Disputes," at Massachusetts Continuing Legal Education, presenter on the topic of Litigating in the Land Court (2/9/2012)

    • News

      R+C in the News

      • January 31, 2017

        Boston Lawyers Attend Annual John & Abigail Adams Benefit

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      • October 25, 2016

        Kendra Berardi Chairs Judicial Forum 2016

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      • October 13, 2016

        Kendra Berardi Elected Vice Chair of ABA Real Estate Litigation Committee

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      • February 11, 2016

        Robinson+Cole Lawyers Join Annual Walk to the Hill

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      • October 28, 2015

        Kendra Berardi Chairs Land Court Judicial Forum 2015

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      • May 21, 2015

        Boston Lawyers Speak at REBA Spring Conference

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      • March 12, 2015

        Kendra Berardi Appointed to SJC Standing Advisory Committee on Professionalism

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      • February 18, 2015

        Despite Blizzard, Boston Lawyers Participate in Annual Walk to the Hill

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      • August 15, 2014

        Boston Lawyers Present at MCLE Real Estate Disputes Program

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      • August 14, 2014

        Robinson+Cole Lawyers Host Networking Event at 2014 ABA Annual Meeting

      • May 28, 2014

        Kendra Berardi Selected to Provide Commentary for Massachusetts Land Court Reporter

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      • January 24, 2014

        Kendra Berardi Elected to Board of REBA

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      • January 13, 2014

        Boston Lawyers Prepare Students to Deliver Oral Arguments

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      • October 9, 2013

        Boston Lawyers Appointed to ABA Leadership Positions

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      • June 7, 2013

        Boston Lawyers Author Article for ABA Newsletter

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      • March 18, 2013

        Boston Lawyers Participate in MCLE Panel on Real Estate Disputes

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      • March 8, 2013

        Kendra Berardi Receives Pro Bono Initiative Award

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      • December 27, 2012

        Attorneys Teach Middle School Students to Present Oral Arguments Before Massachusetts Appeals Court Justices

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      • August 14, 2012

        Litigation Associate’s Article on Foreclosure Requirements in American Bar Association Newsletter

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      • May 30, 2012

        Real Estate and Title Litigation Attorneys Prevent Class Action Against Client

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      • May 18, 2012

        Litigation Associate’s Article on Court Rulings Published on American Bar Association Website

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      • December 15, 2011

        Boston Attorneys Coach Students to “Stand Up for Your Rights”

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      R+C News Releases

      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • June 5, 2015

        Robinson+Cole Boston Lawyers Coach Students on Constitutional Procedure

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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