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Kenneth S. Leonetti
Partner
Boston
Ken Leonetti focuses on complex financial litigation and commercial disputes, with an emphasis on bankruptcy and restructuring, securities and corporate disputes, and property valuation litigation. He is recognized in both Chambers USA and Massachusetts Super Lawyers for his effectiveness in bankruptcy counsel.
Ken's bankruptcy practice concentrates on the representation of debtors, creditors' committees, secured creditors and third parties involved in restructurings, workouts, liquidations and adversary proceedings. He works with clients both within and outside of formal bankruptcy proceedings. His public cases in these matters include representing the debtor in In re Organogenesis Inc., In re Charles River Hospital, Inc., and In re Foss Manufacturing; the creditors' committees in In re Malden Mills Industries, Inc., In re East Boston Neighborhood Health Center Corporation and In re RJ Development, Inc. He also counsels clients on acquiring technology-related assets from insolvent entities (both under Section 363 and outside of bankruptcy proceedings), and advises high technology, pharmaceutical and biotechnology clients on bankruptcy-related issues in intellectual property licenses and development agreements.
Ken's trial and litigation experience includes over 30 trials and arbitrations and focuses on representing private equity and other investment funds, high technology companies and life science companies in complex financial litigation, licensing disputes and trade secret litigation. He also has defended numerous public entities in land use and land damage disputes, including the Massachusetts Port Authority, Mystic Valley Development Commission, City of Malden, Worcester Redevelopment Authority, Massachusetts Bay Transportation Authority, and the City of Chelsea.
In addition to his litigation practice, Ken plays a lead role in firm governance, serving as the firm's Hiring Partner and a member of its Distribution Committee. He also has an active public and pro bono practice in his areas of emphasis, including representation of indigent individuals, victims of mortgage fraud and public interest organizations in bankruptcy-related matters.
Ken served as a Special Assistant District Attorney for Norfolk County, Massachusetts, in 1999 and was the lead prosecutor in more than twenty-five trials. Before joining Foley Hoag he was law clerk to the Honorable Charles P. Sifton, Chief Judge of the United States District Court for the Eastern District of New York. From 1988 to 1990, he was a management consultant with Strategic Planning Associates (now Mercer Management Consulting) in Washington, D.C., advising corporations on strategic, organizational and restructuring issues and specializing in the health care and telecommunications industries.
Bars and Court Admissions
Massachusetts
New Jersey
New York
U.S. Supreme Court
U.S. Court of Appeals, First Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the District of New Jersey
U.S. Court of Appeals, Fourth Circuit
Representative Experience
The following is a brief summary of Kenneth's experience and accomplishments:
Successfully defended a start-up telecommunications company against lawsuits in Delaware and Massachusetts federal courts brought by a competitor alleging unfair competition, tortious interference with business relations, breach of contract and theft of trade secrets
Currently defending Media/Communications, LP, a technology-oriented private equity fund, in an adversary proceeding brought by the United States Government seeking recharacterization and equitable subordination of over $50 million in secured notes
Won a motion to dismiss for an Indian-based software company sued for theft of trade secrets, breach of contract and unfair competition in Virginia federal court
Represented the primary equity holders in the Chapter 11 case of One and Two International Place, the largest office buildings in downtown Boston, which resulted in the holders maintaining a substantial share of the reorganized debtors
Represented the creditors committee in the following confirmed Chapter 11 cases:
Malden Mills Industries: creditors received a combination of cash and stock equal to 20 - 25% of their claim;
Engage, Inc.: creditors received a cash dividend equal to at least 60% of their claim;
RJ Development: creditors will receive a cash dividend in excess of 40% of their claim
Trend-Lines: creditors received 100% of the stock of the reorganized debtor;
East Boston Neighborhood Health Center: creditors received a cash dividend of approximately 40% of their claim;
New Seabury Properties: creditors received a cash dividend equal to 100% of their claim, plus interest
Represented Benchmark Electronics, Inc. in its successful $70 million acquisition of the majority of the assets of ACT Manufacturing, Inc., a Chapter 11 debtor, and subsequent cross-border transaction.
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