J. Patrick Kennedy

J. Patrick Kennedy
Partner
pkennedy@bulkley.com
P: (617) 368-2510
F: (617) 368-2525 

Practice Areas
Litigation
Banking Law
Employment Law

Education
Cornell University
B.S., 1986

Vermont Law School
J.D., summa cum laude, 1993

Admissions
Massachusetts
New Hampshire
Vermont
District of Columbia
District of Massachusetts
First, Third, Tenth & Federal Courts of Appeals

Memberships
Massachusetts Bar Association
American Bar Association
Boston Bar Association

Biography:

Patrick Kennedy is a member of the firm's Litigation/ADR Department and works principally in the firm's Boston office.

Patrick'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 litigated a number of real estate cases involving boundary disputes and restrictive covenants. Patrick 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, employment actions and antitrust cases. 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 has been selected for inclusion in the Super Lawyers list published by New England Super Lawyer magazine every year since 2007.


Related Professional Experience:

Patrick joined the firm 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.

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


Representative Experience:

Doe v. Acton-Boxborough Regional School District, No. SJC-11317 (Mass. 2014)- Upholding lower court's grant of summary judgment and affirming constitutionality of state law requiring each public school day to start with Pledge of Allegiance.

Won motion to dismiss in federal court for bank client in a decision clarifying the Massachusetts law regarding foreclosure acceleration notices.

Won summary judgment for financial institution in post-foreclosure challenge to a foreclosure sale in New Hampshire.

Won summary judgment for financial institution in post-foreclosure challenge to a foreclosure sale in New Hampshire.

Won summary judgment as co-counsel representing defendant-intervenors in a constitutional challenge to the Pledge of Allegiance.The Supreme Judicial Court will hear the case in early 2013.

Won summary judgment for bank client in commercial lawsuit resulting from a failed residential construction loan for a luxury home in Wellesley, Mass.

Smith v. Jenkins, 718 F. Supp.2d 155 (D. Mass. 2010) - Granting residential mortgage lender's motion for summary judgment, in part, and dismissing truth-in-lending act claim in mortgage fraud case.

Smith v. Jenkins, 626 F. Supp.2d 155 (D. Mass. 2009) - Granting, in part, and denying, in part, a motion to dismiss filed on behalf of a residential mortgage lender in truth-in-lending act case.

Eastern Holding Corp. v. Congress Financial Corp., 74 Mass. App. Ct. 737 (2009) - Interpretation of default remedies available to lender under commercial loan documents with regard to cash collateral.

Sullivan v. Decision One Mortgage, 346 B.R. 4 (Bankr. D. Mass. 2006) - Granting summary judgment to residential mortgage lender in a predatory lending case filed as an adversary proceeding in bankruptcy court.

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.

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.