J. Patrick Kennedy

Biography:

J. Patrick Kennedy’s practice is focused on representing banks, financial institutions and other types of businesses in commercial disputes. He has particular experience representing banks in lender liability, predatory lending, U.C.C., check fraud, bankruptcy, real estate and bank operations disputes. He has represented a number of large national and regional financial institutions in defending TILA, FDCPA, FCRA and other claims brought as a result of the “subprime” mortgage crisis. He also has significant experience representing a wide range of clients in high technology and other regulated industries, including software companies, internet and telecommunication companies, medical equipment manufacturers and insurance companies. Types of matters include breach of contract, breach of fiduciary duty, general business litigation, personal injury cases, business torts, patent infringement and inventorship disputes, and antitrust actions. Patrick has also represented companies and individuals in employment disputes, and has litigated cases involving non-competition and non-solicitation agreements, breach of employment agreements, age discrimination and Massachusetts Wage Act claims.

Patrick’s reported decisions include Eastern Holding Corp. v. Congress Financial Corp., 74 Mass. App. Ct. 737 (2009) (interpretation of default remedies available to lender under loan documents with regard to cash collateral); Sullivan v. Decision One Mortgage, 346 B.R. 4 (Bankr. D. Mass. 2006) (summary judgment granted to lenders in predatory lending case); and Massachusetts Eye and Ear Infirmary v. QLT PhotoTherapeutics, Inc., 167 F.Supp.2d 108 (D. Mass. 2001) (upholding common interest attorney-client privilege in patent inventorship dispute).

Patrick was listed as a New England “Superlawyer” in 2007, 2008 and 2009.

Related Professional Experience:

Patrick joined the firm in 2003, after practicing civil litigation for approximately five years in Boston, principally with Testa, Hurwitz & Thibeault, LLP, and four years in Washington, DC with Steptoe & Johnson, LLP. Prior to private practice, Patrick served as a law clerk to the Honorable Robert E. Cowen, Circuit Judge, at the United States Court of Appeals for the Third Circuit for the 1993-94 term.

Before attending law school, Patrick was a commercial loan officer with a large regional bank in the Boston area for four years.

Representative Experience:

Defended regional commercial and savings banks in TILA, FDCPA, FCRA and mortgage fraud cases.

Represented commercial banks in disputes involving predatory lending, check fraud claims, bank operations problems and real estate issues.

Represented regional hospital and two of its doctors/researchers in patent inventorship dispute.

Represented manufacturer of laser eye surgery device in patent infringement case.