Kenneth J. Mickiewicz
Practice Focus and Experience
Ken Mickiewicz practices in the Business Law, Litigation, and Real Estate and Environmental areas. He has been counsel to both public authorities and private companies advising and counseling on operational situations, business problems, and litigation in a broad range of areas, particularly real estate development, construction, commercial leasing, contracts, and risk management. Ken also has an active insurance and surety issues practice for both carriers and insureds.
- Represented the acquirer in a complex divestiture of a division of a public utility in Boston.
- Represented borrowers in multimillion dollar bond financings through a state agency.
- Argued the first appeal involving the interpretation of the agricultural land tax statute (M.G.L. c. 61A) and then argued a series of M.G.L. c. 61A and B cases with a variety of different statutory issues.
- Successfully argued an appeal to the Supreme Judicial Court abolishing
the common law seal as sufficient consideration for a contract.
Representative Reported Cases
- Knott v. Racicot, 442 Mass. 314 (2004) - Supreme Judicial Court decision abolishing the ancient common law doctrine presuming consideration
for contracts signed "under seal." Though decision was limited
to option contracts, Court noted that logic of decision applies to other
types of contracts as well.
- Town of Sudbury v. Scott, 439 Mass. 288 (2003) - The Supreme Judicial Court, in a case of first impression, determined the limits of Rights of first refusal of municipalities to purchase agricultural and horticultural land from private sellers.
Distinctions: Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004.
- Admitted: Massachusetts; United States Supreme
Court; United States Court of Appeals for the First Circuit; United
States District Court for the District of Massachusetts.
- Member: Boston Bar Association (Member, Construction
and Appellate Committees); Massachusetts Bar Association; American
Bar Association (Member, Lawyer Business Ethics Committee and TIPS,
Construction and Business Law Sections); Family Firm Institute.
- Pro bono legal services to several area not-for-profit
organizations including a seven-day school for boys.
Publications and Speaking Engagements