Benjamin S. Kafka


Benjamin S. Kafka is a trial lawyer and partner at O’Connor, Carnathan & Mack, LLC and has been with the firm since 2006.


Led the defense during a seven-day jury trial for a client accused of misappropriation of trade secrets, breach of duty of loyalty and fraud; jury verdict was upheld on appeal

Secured a judgment, after a bench trial, for a real estate development client to specifically enforce a contract for the sale of commercial real estate

Obtained summary judgment on behalf of a client in a matter concerning the breakup of a family business and a complex commercial lease dispute

Negotiated a resolution on behalf of a client for misappropriation of industry-specific software, violation of the Computer Fraud and Abuse Act, 18 U.S.C. §1030 and violation of G.L. c. 93A

Obtained a multi-million dollar settlement for a client, a factoring company, on claims of fraud, misappropriation and violation of G.L. c. 93A

Successfully represented commercial and residential landlords and real estate developers in actions for breach of commercial leases

Led the prosecution in a number of cases involving employees who sued their former employers for violations of the Massachusetts Wage Claim Act and breach of contract

Negotiated an $850,000 settlement for a client who sustained cognitive deficits after a head-on motor vehicle collision

Obtained a $750,000 settlement for a client who sustained a serious workplace injury

Negotiated a $750,000 settlement for clients injured during a brawl at a night club

Led the representation of a homeowner in a lawsuit against a general contractor for a botched renovation, w included an award of treble damages pursuant to G.L. 93A

Successfully represented property owners and former property owners for claims of toxic tort contamination, trespass and nuisance

Represented property owners in premises liability claims
Successfully defended clients charged with criminal complaints in courts across the state


Benjamin S. Kafka is a trial lawyer and partner at O’Connor, Carnathan & Mack, LLC and has been with the firm since 2006.

Ben’s practice focuses on complex commercial and business litigation, fraud claims, breach of contract, real estate litigation, construction law, consumer protection, employment/wage claim disputes, trust fund litigation, insurance coverage, criminal defense and general liability personal injury litigation, including premises liability, product liability and motor vehicle claims.

Ben has extensive trial experience in state and federal courtrooms across the Commonwealth and in a variety of alternative dispute resolution forums, including arbitration and mediation. Prior to joining the firm, he was an associate in the litigation department of a prominent Boston based full-service law firm and was an Assistant District Attorney for Norfolk County.

Barron & Stadfeld, P.C. Boston, MA

  • Associate Attorney: May 2002 – February 2006
  • Associate attorney in the litigation department of a medium sized, full-service law firm with a focus on personal injury, business torts, commercial litigation and criminal defense.

Norfolk County District Attorney's Office

  • Assistant District Attorney: January 1999 – May 2002
  • Tried more than 30 jury trials in Superior and District Court (Six Person Jury Session) and more than 50 jury-waived trials to verdict.
  • Coordinated investigations and presented evidence to the Grand Jury and individually responsible for prosecuting crimes occurring at the Dedham House of Correction.
  • Appointed to the Motor Vehicle Homicide Team, a four-person team selected to prosecute motor vehicle homicides in Norfolk County, and was responsible for crime scene management, investigation of homicide and all other aspects of the case through trial or plea.

Honors & Awards

  • Named to the Massachusetts Super Lawyers list
    • 2021
  • Named a “Massachusetts Super Lawyers Rising Star” attorney
    • 2008-2012

Work Experience

  • Norfolk County District Attorney’s Office (1999-2002)
  • Baron & Stadfeld, P.C. Boston, MA (2002-2006)

Dual Citizenship

  • United States of America
  • Great Britain


  • J.D., Cum Laude, Suffolk University Law School, 1998
    • Dean’s List (1996–1998)
    • Copy Editor, Dicta (ABA award winning school newspaper) 1996-1998
  • B.A., University of Massachusetts, Amherst, 1994
    • Semester Abroad: London, England 1992

Bar Admission

  • Massachusetts, 1998
  • U.S. District Court for the District of Massachusetts
  • First Circuit Court of Appeals
Benjamin S. Kafka
Rated by Super Lawyers

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