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.
Experience
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.
viewpoints
U.S. District Court Holds that Certain Claims by Opt-Out Plaintiffs Are Barred by the Statute of Repose
October 10, 2018 | Blog | By Joel Rothman, Kevin Mortimer, Ellen Shapiro, Alain Mathieu
In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act’s statute of repose pursuant to the U.S. Supreme Court’s ruling in ANZ Securities. This decision underscores that institutional investors should closely monitor the statutes of limitation and repose applicable to securities fraud claims to ensure they are not later barred from recovery.
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Court Allows Volkswagen Bondholder Action to Proceed, But Expresses Doubts about the Plaintiff’s Ability to Certify a Class
October 1, 2018 | Blog | By Joel Rothman, Alain Mathieu
As we previously noted in this post, the United States District Court for the Northern District of California dismissed the Volkswagen Bondholder Plaintiff’s first amended complaint, with leave to amend, holding that it could not rely on the Affiliated Ute or Basic presumptions to plead reliance, and that it had not sufficiently pleaded direct reliance. On April 2, 2018, the Plaintiff filed a Second Amended Bondholder’s Class Action complaint (SAC), which added allegations: (1) of direct reliance, (2) that the bonds at issue were priced and traded on an efficient market, (3) that the defendants’ alleged fraud created the market, and (4) that Volkswagen committed fraud on the regulatory process. On September 7, 2018, the court denied the defendants motion to dismiss, and ruled that that the case may proceed to discovery, but also expressed concerns about the Plaintiffs’ ability to certify a class.
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In Khoja, the Ninth Circuit Limits Defendants’ Ability to Argue Facts in a Motion to Dismiss
September 18, 2018 | Blog | By Ellen Shapiro, Joel Rothman
In Khoja v. Orexigen Therapeutics, Inc., the Ninth Circuit clarified the “rare circumstances” when a court may review documents extraneous to the pleadings in ruling on a motion to dismiss. Given that it has become routine for securities defendants to attach numerous documents to motions to dismiss, this decision has the potential make it easier for plaintiffs to survive a motion to dismiss. Over the next several months, it will be interesting to see whether this decision survives the defendants’ petition for en banc review, and if so, whether courts outside the Ninth Circuit follow this decision to curtail the use of extraneous documents in deciding motions to dismiss.
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Special Master Recommends Return of $10.6 Million in Attorneys’ Fees to Class Members
July 19, 2018 | Blog | By Kevin Mortimer, Joel Rothman
Former U.S. District Judge Gerald Rosen, the Special Master appointed to investigate alleged improper billing by class plaintiffs’ firms in Arkansas Teacher Retirement System v. State Street Bank and Trust Company, recommended that the firms return up to $10.6 million of the $74.5 million in attorneys’ fees awarded to them after reaching a $300 million settlement in the underlying class action.
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Petrobras Court’s Denial of Plaintiffs’ Request for Confidential Treatment of Opt-Out Provisions Could Undermine the Settlement Process
February 14, 2018 | Blog | By Kevin Mortimer, Joel Rothman
On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel’s request to file under seal three supplemental agreements to a $2.95 billion settlement in the Petrobras Securities Litigation, and made the side agreements part of the public record.
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Court in the BP p.l.c. Securities Litigation Upholds Opt-Out Procedures But Then Allows Individual Action Plaintiffs to Opt Back Into $175 Million Settlement
November 29, 2016 | Blog | By Kevin Mortimer, Joel Rothman
On November 4, 2016, Judge Keith Ellison of the United States District Court for the Southern District of Texas granted preliminary approval of a $175 million settlement in the federal securities class action In re: BP p.l.c. Securities Litigation between BP and Lead Plaintiffs for the “post-explosion” class.
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Dutch Foundation Dismissed for Inadequate Safeguarding of Members’ Interests
July 14, 2016 | Blog | By Kevin Mortimer, Joel Rothman
On June 29, 2016, the Dutch Court of East Brabant dismissed a foundation’s claims against Rabobank Group for alleged unlawful selling of interest rate swaps because it failed to meet the requirement of the Dutch Claim Code that a foundation sufficiently safeguard the interests of its members.
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Dutch Foundations Negotiate €1.204 billion Settlement with Ageas, formerly Fortis.
March 22, 2016 | Blog | By Kevin Mortimer, Joel Rothman
Following up on our December 15 post on the debate over the best strategy to recover foreign securities losses, a collection of Dutch Foundations (known as Stichtings) negotiated a substantial collective settlement with Ageas SA/NV, the successor-in-interest to Fortis Holdings.
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SEC’s Charges Provide Support for Class Plaintiffs’ Allegations in the Ocwen Securities Litigation
February 18, 2016 | Blog | By Joel Rothman, Kevin Mortimer
A December 22, 2015 decision of the U.S. District Court of the Southern District of Florida in In re Ocwen Financial Corporation Securities Litigation illustrates the impact that an investigation and order of the Securities Exchange Commission (“SEC”) may have on a plaintiff’s ability to allege actionable false statements by an issuer regarding its internal controls.
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Court Orders Plaintiffs to Pay Defendants' $13.3 Million Appellate Costs in Lawrence E. Jaffe Pension Plan v. Household International
November 12, 2015 | Blog | By Joel Rothman, Kevin Mortimer
Recently, in Lawrence E. Jaffe Pension Plan v. Household International, Inc., the United States District Court for the Northern District of Illinois granted the defendants’ Rule 39 motion for appellate costs and ordered the plaintiffs to pay a total of $13,281,282.
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News & Press
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
Mintz and ML Strategies Receive Environmental Business Council Award For Outstanding Collaboration
June 08, 2023
BOSTON - Mintz and ML Strategies were recognized with the prestigious Nicholas Humber Award for Outstanding Collaboration by the Environmental Business Council of New England (EBC) at the 30th Annual EBEE Awards in Boston.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Trio of Mintz Attorneys Chosen for Boston’s Future Leaders Program
February 23, 2023
BOSTON – Mintz is pleased to announce that Associates William J. Bussiere, Jr., Natalie C. Groot, and Kevin C. Mortimer have been selected to join Greater Boston Chamber of Commerce’s 2023 Boston’s Future Leaders Program.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Members Peter Saparoff and Robert Kidwell and Associates Joel Rothman and Kevin Mortimer authored this ABA’s Section of Litigation column on the trend of plaintiff investors filing a growing number of class action cases against financial institutions alleging violations of U.S. antitrust laws.
Recognition & Awards
Chambers USA: Massachusetts - Construction Law: Associate to Watch (2022-2023)
Best Lawyers in America "Ones to Watch": Construction Law (2024)
Massachusetts Super Lawyers: Rising Star - Construction Litigation (2021-2023)
Greater Boston Chamber of Commerce: Boston's Future Leaders (2023)
Boston Magazine Top Lawyers – Construction Litigation (2023)
Involvement
- 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)
Recent Insights
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
