David W. Waterfall

AssociaDavid W. Waterfallte

E-mail: dwaterfall@k-plaw.com
Phone: 617.556.0007
Practice Areas: Land Use, Litigation, General Municipal

Attorney David Waterfall assists the firm’s clients in all facets of municipal, land use, litigation, and general civil law. He has successfully represented clients in a broad range of cases before all levels of Massachusetts trial and appellate courts, as well as the United States District Court.

Prior to joining the firm, Attorney Waterfall served for nearly five years as Assistant Corporation Counsel at the City of Boston Law Department. He counseled City employees and the Mayor’s Office on matters related to: litigation, municipal finance, zoning, historic preservation, wetlands conservation, procurement, licensing, contracts, Open Meeting Law, tax title, and Public Records Law. He also worked with City departments to draft regulations, ordinances, and special legislation.

Attorney Waterfall previously served for over seven years as a prosecutor, first as an Assistant District Attorney in Worcester County and more recently as an Assistant Attorney General. During that time he appeared in trial and appellate courts throughout Massachusetts and led grand jury investigations in conjunction with the State Police. He prosecuted a wide range of crimes including public corruption, fraud, and financial crimes.

Representative Matters

  • East Coast Shaping Inc. v. City of Boston Parks and Recreation Dept. et al., SUCV2011-00709 (2014). Obtained jury verdict in favor of City of Boston and City employee where Plaintiff had alleged claims of breach of contract and retaliation related to a public works construction project.
  • Friedrich Lu v. Boston Public Library et al., 469 Mass. 1003 (2014). Successfully represented City before Supreme Judicial Court in case finding that the Law Department is authorized to provide legal representation to the Trustees of The Boston Public Library.
  • James Dow Trustee v. City of Boston et al., SUCV2011-03485 (2014). Superior Court granted summary judgment in favor of the City of Boston, dismissing claims that the City had caused water damage to an abutting commercial property.
  • Arey et al. v. City of Boston et al., SUCV2012-01731 (2013). Superior Court dismissed a lawsuit that challenged decision of the Boston Board of Appeals related to the redevelopment of an historic YMCA building.
  • McCrea et al. v. Flaherty et al., SUCV2005-01798 (2012). Successfully argued against the imposition of an injunction against the Boston City Council related to alleged violations of the Open Meeting Law.
  • Commonwealth v. LeClair, 445 Mass. 734 (2006). Successfully represented the Commonwealth before the Supreme Judicial Court, which upheld the Defendant’s murder conviction.

Prior Experience

City of Boston Law Department, Boston, MA
Assistant Corporation Counsel (2010-2015)
Served as legal advisor for the Mayor’s Office and City departments on a wide variety of legal issues critical to daily operations of the City of Boston.  Represented City and its employees in litigation in state and federal court.

Massachusetts Office of the Attorney General, Boston, MA
Assistant Attorney General, (2006-2010)
Conducted grand jury investigations and prosecuted public corruption, fraud, and financial crimes throughout Massachusetts.

Worcester County District Attorney’s Office, Worcester, MA
Assistant District Attorney (2003-2006)
Served as a prosecutor in trial and appellate courts in Worcester County.

Representative Speaking Engagements

  • Americans with Disabilities Act: How municipalities can address requests for reasonable accomodations for sober housing.  Massachusetts Municipal Lawyers Association (2012).

Teaching Experience

Adjunct Faculty Member – New England School of Law (2009-present)
Professor of course focused on writing and appellate advocacy

Memberships & Affiliations

  • Boston Bar Association
  • American Bar Association
  • Massachusetts Municipal Lawyers Association

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)(2011)


Boston College Law School
Juris Doctor, 2003

Boston College
Bachelor of Arts, 2000