Kevin engages in an expansive array of litigation matters, including construction, government law practice, real estate, complex business litigation, and institutional class action recovery. He represents and counsels individuals and businesses, both large and small, in all stages of litigation, arbitration, mediation, negotiations, commercial disputes, and contracting. Kevin constantly strives to provide his clients with an efficient, tireless and responsive approach aimed towards avoiding litigation when possible.
With prior experience as a project management operational consultant at a boutique mechanical engineering subcontracting firm and a large commercial real estate company, Kevin understands the inner workings of both large and small companies—providing a well-informed perspective for owner and contractor clients engaged in real estate development, as well as clients facing construction and real estate litigation. From commencement to completion of construction projects, Kevin assists owners, contractors and major subcontractors in the drafting, negotiation and interpretation of project agreements and project documents. Moreover, Kevin has extensive experience in matters concerning Massachusetts’ lobbying and ethics laws, government regulatory compliance, higher education, ballot questions, and state pension eligibility.
Kevin is also actively engaged in Mintz’s pro bono efforts. As Mintz’s chair of the “Lawyer for the Day” pro bono program at Boston’s Housing Court, Kevin provides legal representation in civil matters to low-income tenants seeking resolution of disputes with their landlords.
While in law school, Kevin held the position of Online Editor of the New England Law Review, and was three-time recipient of both the Dean’s Scholarship and the New England Scholar Award. Kevin also ranked highest among his classmates in the courses of Labor Law, Negotiation, Massachusetts Practice and Procedure, Family Law, and Commercial Real Estate Capstone. Prior to law school, Kevin attended Trinity College, where he captained the NESCAC champion Trinity College Baseball Team and graduated as a member of Pi Gamma Mu International Honor Society in Social Sciences.
Outside of the office, Kevin is a regular participant in the Mintz hockey team’s weekly game, as well as a contributor to local charitable events for the armed services, and juvenile diabetes and cancer research.
Construction Law & Counseling
- Represents owners, contractors and major subcontractors in contract drafting, negotiation and interpretation on a variety of project types and project delivery systems.
- Regularly drafts and negotiates design and construction contracts and advises on construction-related issues in development and leasing agreements.
- Assists contractors and major subcontractors in drafting template contracts and subcontracts for future use on a variety of project types and project delivery systems.
- Represents DivcoWest in all matters pertaining to construction and design documents for its Cambridge Crossing project in Cambridge, Massachusetts and its Peninsula Crossing project in Burlingame, California.
- Advised clients on land use matters, including complex zoning analysis in connection with the purchase and sale of commercial real estate.
Government Law Practice
- Represents government agencies, private and publicly-traded companies, nonprofits, higher education institutions, and individuals on matters regarding ethics, privacy, higher education, government ethics, election law, corporate compliance, conflict of interest laws, public records law, lobbying, campaign finance, open meeting law, ballot questions, and other governmental regulatory areas.
- Assists clients with developing and maintaining policies and systems to ensure compliance with ethics, lobbying, and other political laws.
Litigation & Dispute Resolution
- Represents owners and contractors, both large and small, in mediation and arbitration concerning construction and design defects.
- Represented an international theater venue operator in litigation against contractors, design professionals and a steel testing company for defective design and construction of a theater. Action initiated in state court and successfully resolved in mediation more than two years before anticipated trial date.
- Represented a major real estate developer in the successful mediation of its claims against contractors and design professionals related to alleged construction and design defects.
- Coordinates discovery and expert investigation and analysis in complex class action, securities, and construction litigation and alternative dispute resolution.
- Successfully defended a substantial multi-family landlord-owner in a tenants’ class action case.
- Represented an owner in defense of a claim by a commercial tenant that the facility was not SCIF compliant. Successfully resolved in mediation.
- Represents a wide variety of individuals and commercial entities in connection with alleged violations of M.G.L. ch. 93A.
- Coordinated discovery and trial preparation in connection with a client’s alleged violations of federal securities laws.
Two Isn’t Always Better Than One: SDNY Denies Class Certification Where Lead Plaintiff Hired Two Firms
October 21, 2020 | Blog | By Ellen Shapiro
September 10, 2020 | Blog | By Ellen Shapiro
Second Circuit Summarily Affirms the Attorneys’ Fees Award in the Foreign Exchange Antitrust Settlement after District Court Rejects Class Counsel’s Side Deal with the Objector
December 2, 2019 | Blog | By Joel Rothman
October 10, 2019 | Blog | By Ellen Shapiro
Judge Rakoff Unseals Documents in Petrobras Securities Class Action To Allow Use in Foreign Arbitration, Bypassing Traditional Requirements of 28 U.S.C. § 1782
August 14, 2019 | Blog | By Ellen Shapiro
Court Denies Class Member’s Untimely Request to Be Excluded from Class Even Though Class Member Had Previously Filed a Separate Action
July 24, 2019 | Blog | By Joel Rothman
May 28, 2019 | Blog | By Samuel M. Tony Starr, Kevin Mortimer
Supreme Court Denies Opportunity To Clarify Whether The Federal Securities Laws Carry a Duty to Update
May 22, 2019 | Blog | By Ellen Shapiro
Teva Putative Federal Securities Class Member Seeks to Toll Statute of Repose with Motion to Intervene
March 12, 2019 | Blog | By Kevin Mortimer, Ellen Shapiro
October 23, 2018 | | By Joel Rothman, Ellen Shapiro, Kevin Mortimer, Alain Mathieu
News & Press
Recognition & Awards
- Chambers USA: Massachusetts - Construction Law: Associate to Watch (2022)
- Massachusetts Super Lawyers: Rising Star - Construction Litigation (2021-2022)
- Chair of Mintz’s Pro Bono Housing Court Program
- Participant Captain for the “Lawyers, Bring Us Your Briefs Charity Drive,” providing undergarments to the homeless population of Boston (2015)
- Member, Pi Gamma Mu International Honor Society
- Trinity College baseball team representative, Team Impact, a nonprofit that pairs children with life-threatening diseases with local college teams (2011 – 2012)
- Frequent contributor to local charitable events for the armed services (e.g. Boston Marine Corps Honor Run), and juvenile diabetes and cancer research (e.g. Juvenile Diabetes Research Foundation Walk for a Cure, Pan Mass Challenge, and Boston Marathon)