Don Kennedy, of counsel in the firm’s Litigation Department, concentrates his practice in complex business litigation, intellectual property litigation and product liability litigation. He has extensive courtroom experience, including trials of antitrust, patent, merger and acquisition, product liability, unfair competition and breach of fiduciary duty cases. Mr. Kennedy is a past chair of the Litigation Department and member of the firm’s Executive Committee.
Mr. Kennedy handles a broad range of business litigation. This has included representation of a major Boston bank in securities fraud litigation against a prominent investment banking firm; defense of consumer finance securities class actions; representation of closely held companies and their management in litigation over corporate control; and antitrust litigation in the healthcare industry. He has litigated many non-competition and trade secret cases on behalf of both plaintiffs and defendants.
Mr. Kennedy’s recent trials have included a four week jury trial defending individuals and a firm accused of breach of non-compete agreements, unfair trade practices and misappropriation of trade secrets; a three week bench trial concerning breach of fiduciary duty and control over a privately held corporation; a five week jury trial in Rhode Island of antitrust claims for conspiracy in restraint of trade in the healthcare industry; and representation of a corporate fiduciary in a two week bench trial in California of breach of fiduciary duty claims concerning management of a trust. Mr. Kennedy frequently tries cases in arbitrations and handles other forms of alternative dispute proceedings.
Mr. Kennedy has defended class action claims in the federal and state courts alleging securities fraud, consumer credit claims, antitrust claims, toxic torts and employment claims. He has represented target companies in SEC, U.S. Attorney and other government enforcement proceedings, and has acted as special counsel to public companies and special litigation committees to investigate claims of mismanagement. Mr. Kennedy frequently provides advice to companies and shareholders concerning issues of corporate governance and control.
