Matthew A. Kane

Matthew A. KaneCounsel
mkane@bulkley.com
P: (617) 368-2508
F: (617) 368-2525

Practice Areas
Appeals
Banking Litigation
Business Litigation
Construction Law

Education
Connecticut College
B.A., 2000

Boston College Law School
J.D., cum laude, 2006

Admissions
Massachusetts
Rhode Island
District of Massachusetts
District of Rhode Island
First Circuit Court of Appeals

Memberships
Boston Bar Association
Massachusetts Bar Association
Rhode Island Bar Association
American Bar Association

Biography:

Matt Kane is a member of the firm's Litigation/ADR department and works principally in the firm's Boston office.

Matt represents a broad range of business, commercial, and individual clients in all phases of litigation in state and federal courts in Massachusetts and Rhode Island, from intake through trial and appeal. He has argued before the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. He has frequently represented national banks in litigation concerning consumer financial services. Matt works closely with in-house counsel and individual clients to identify and deliver value added solutions.

Matt has been selected for inclusion in the Massachusetts Rising Star lists published by New England Super Lawyers magazine since 2011.


Related Professional Experience:

Before joining the firm, Matt was an associate at a litigation boutique firm in downtown Boston. He also served as a law clerk to the Corporation Counsel for the city of Boston and as an intern to the Honorable Elizabeth B. Donovan of the Massachusetts Superior Court.

Publications:

Author: "Supreme Judicial Court Opinion Limits Effect of Mortgage Lender's Noncompliance with Notice of Default and Right to Cure Statute," Bulkley, Richardson and Gelinas, LLP: Finance, Banking & Bankruptcy Bulletin (February 2014).

Co-Author: "Supreme Judicial Court Opinion Affects Pre-Foreclosure Lawsuits Based on the Federal Servicemembers Civil Relief Act," Bulkley, Richardson and Gelinas, LLP: Finance, Banking & Bankruptcy Bulletin (January 2013).

Author: "Supreme Judicial Court Issues Opinion in Eaton v. Federal National Mortgage Association," Bulkley, Richardson and Gelinas, LLP: Finance, Banking & Bankruptcy Bulletin (July 2012).

Author: "SJC Affirms Land Court in U.S. Bank, N.A., Trustee v. Ibanez," Bulkley, Richardson and Gelinas, LLP: Finance, Banking and Bankruptcy Bulletin (January 2011).


Representative Experience

Hendricks v. Federal Nat’l Mortg. Ass’n., 463 Mass. 635 (2012) – Affirming summary judgment in favor of client and holding, in a matter of first impression, that an affidavit of sale in the statutory form is sufficient to establish a prima facie case of compliance with the requirements of the statutory power of sale in a post-foreclosure summary process action.

Won motion of financial services client to enforce favorable settlement agreement after plaintiffs’ attempt to renege.

Gilbert v. Federal Nat’l Mortg. Ass’n., 81 Mass. App. Ct. 1128 (2012) (unpublished) – Affirming judgment of dismissal in favor of financial services clients on grounds that plaintiff’s allegations were too speculative to state a claim for relief.

Won summary judgment on behalf of financial services client on grounds that an alleged oral promise to modify a mortgage pursuant to the Home Affordable Modification Program is unenforceable under the Massachusetts statute of frauds.

Won motion for partial summary judgment on behalf of financial services client on grounds that alleged tort claims were barred by Massachusetts’s three-year statute of limitations and not within the discovery rule exception.

Won successive motions to dismiss on behalf of internet domain name registrar client on grounds that forum selection clause in customer “click-through” agreements barred suit in Massachusetts.

King v. Long Beach Mortgage Co., 672 F. Supp. 2d 238 (D. Mass. 2009) – Granting partial summary judgment in favor of mortgage lender’s receiver and successor-in-interest after adopting our argument that receipt of only one copy of a notice of right to rescind does not trigger an extended mortgage loan rescission period under either the Federal Truth in Lending Act or the Massachusetts Consumer Credit Cost Disclosure Act.

Won motion to dismiss breach of contract claim in U.S. District Court for financial services institution in a real estate transaction in which the court also rejected the plaintiffs' promissory estoppel claim and Massachusetts Consumer Protection Act claim.

Defend national banks in state and federal court in actions arising out of forged and/or unauthorized checks and funds transfers.

Won summary judgment for commercial lender dismissing borrowers’ contract and M.G.L. c. 93A claims in connection with a loan acceleration and prepayment penalty.

Represented commercial property owners in connection with mechanics’ liens filed by subcontractors.

Represented investors in connection with securities fraud and theft of investment funds.

Represent British citizens with consumer protection and misrepresentation claims against a California shipping company arising out an international shipment of goods from Boston to London.

Won dismissal of claims related to mortgage servicer's denial of request for loan modification.

Defended former employee against employer's non-compete claims.