Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Kenneth J. Mickiewicz

Practice Focus and Experience

Ken Mickiewicz concentrates his practice in corporate and business law and related litigation. 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.

Representative Matters

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.

Professional

Distinctions: Peer review "AV" 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); National Association of Industrial and Office Properties.

Community Involvement