Kenneth S. Leonetti

  • Partner
  • Boston
  • 617 832 1271 direct
  • 617 832 7000 fax

Kenneth Leonetti is a trial lawyer and litigator who focuses on complex financial litigation; bankruptcy and corporate restructuring; and trade secret, software and licensing disputes.  He is recognized in Chambers USA, Best Lawyers in America and Massachusetts Super Lawyers for his effectiveness in bankruptcy litigation.

Ken’s bankruptcy practice spans all phases of corporate restructuring and bankruptcy-related litigation. He has represented debtors, creditors’ committees, secured creditors and third parties in restructurings, workouts, liquidations and adversary proceedings, and works with clients both within and outside of formal bankruptcy proceedings. Ken has also represented accounting firms in bankruptcy matters and related financial statement litigation. His public cases include representing the debtor in Radianse, Inc., Organogenesis Inc., Charles River Hospital and Foss Manufacturing Co.; and creditors’ committees in Malden Mills Industries, East Boston Neighborhood Health Center Corporation, Palm Harbor One Development Corporation, New Seabury Properties and RJ Development, Inc. Ken counsels clients and private investors in distressed situations, and advises high technology, pharmaceutical and biotechnology clients on bankruptcy-related issues in intellectual property licenses and in acquiring technology-related assets from insolvent entities (both under Section 363 and outside of bankruptcy proceedings).

Ken’s trial and litigation experience includes over 50 trials and arbitrations, and focuses on representing private equity and other investment funds, high technology companies and life science companies.  He has a particular expertise in complex financial litigation, licensing disputes and trade secret litigation. Ken also has defended numerous public entities in land use and land valuation 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 25 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, Ken 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. Court of Appeals, Fourth 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. District Court for the Western District of Michigan

Representative Experience

The following is a brief summary of Kenneth's experience and accomplishments:

  • Bankruptcy and Restructuring Practice

    • Advised boards of directors and management of over 50 high technology, biotechnology and other venture-backed companies in insolvency and restructuring matters, including fiduciary duty issues, wind-downs, asset sales, secured party foreclosures and recapitalizations.
    • Regularly represent Boston-area venture capital and private equity funds in individual transactions acquiring assets of venture investments out of bankruptcy.
    • In re Organogenesis, Inc. Represented the debtor, a biotechnology company, in its Chapter 11 reorganization.  Case confirmed with creditors receiving either stock equal to 100% of the reorganized debtor or a 35% cash dividend.
    • In re ACT Manufacturing, Inc. Represented Benchmark Electronics, Inc. in its successful $70 million acquisition subsequent cross-border transaction of the majority of the assets of ACT Manufacturing, a Chapter 11 debtor.
    • In re Radiance. Represent the debtor, in its Chapter 11 case.  Successfully sold assets following creatively structured auction, which resulted in sufficient proceeds to pay 100% dividend to unsecured trade creditors.  Settled related litigation against alleged secured creditor for zero dollars and no claim by creditor.
    • Represent Anglo Irish Bank Corporation, the second largest bank in Ireland, in highly publicized bankruptcy proceedings involving its former CEO.
    • Represented the creditors committee in the following confirmed Chapter 11 cases:
      • In re Malden Mills Industries: Creditors received a combination of cash and stock equal to 20 - 25% of their claim.
      • In re Engage, Inc.: Creditors received a cash dividend equal to ~ 60% of their claim.
      • In re RJ Development: Creditors will receive a cash dividend in excess of 40% of their claim.
      • In re Palm Harbor One LLC: Successfully sold assets of failed real estate venture. Distribution and liquidation pending.
      • In re Trend-Lines: Creditors received 100% of the stock of the reorganized debtor.
      • In re East Boston Neighborhood Health Center: Creditors received a cash dividend of ~ 40% of their claim.
      • In re New Seabury Properties: Creditors received a cash dividend equal to 100% of their claim, plus interest.
    • In re Fort Hill Partners.  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 equity holders maintaining a substantial share of the reorganized debtors.
    • In re Scott Cable.  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.
    • In re Madoff Securities.  Currently defending numerous investors in defense of clawback actions brought by the Madoff Trustee.

  • Litigation Practice

    • Jet2.com v. Sutra, Inc. (Mass. Super. Ct.: Bus. Litigation Session).  Won summary judgment for a British airline in defense of a theft of trade secret claim brought by the software developer of the client’s on-line airline reservation and booking system. Case settled shortly thereafter.
    • Consulting Engineering Corp. v. Geometric Software Solutions, Inc. (ED Va.). Defended Indian-based software developer in litigation brought by prospective business partner for breach of contract, theft of trade secrets and tortious interference with business relations. Won motion to dismiss before federal District Court, and subsequent affirmance on appeal by Fourth Circuit.
    • Kuntz Manufacturing Co. v. Biosite Incorporated (CD Cal). Defended device manufacturer in litigation for theft of trade secrets and breach of contract involving custom-designed manufacturing machine. Case settled.
    • State of Florida v. 3BTV (Fla. Circuit Court), NFL v. PrimeTime 24 (SDNY) Represented a telecommunications company involved in an international copyright dispute with the NFL in federal court and the Second Circuit, and won a jury trial for an affiliated satellite provider in civil enforcement action brought by the Florida attorney general.
    • Triumph Capital v. Ascent Pediatrics (Mass. Super. Ct.:  Bus. Litigation Session). Won summary judgment for Ascent Pediatrics, a subsidiary of Medicis Pharmaceutical Corporation, in litigation brought by a lender and investor alleging a $20+ million breach of a securities purchase agreement. Case affirmed on appeal.
    • Trinity Biotech v. Wampole Labs (Mass. Super. Ct.).  Represented device manufacturer in litigation for breach of exclusive supply and distribution agreement. Case settled after discovery.
    • Highfields Capital v. SCOR, SA. (Mass. Super. Ct., Bus. Litigation Session). Obtained significant settlement for Highfields Capital, an investment fund, in Massachusetts state court litigation against SCOR, a French reinsurance company, alleging fraud, misrepresentation and unfair business practices in connection with an investment in an Irish company.
    • Neogen Corp. v. Ionian Technologies (W.D. Mich.). Defended California-based biotech company in breach of contract case seeking to compel defendant to grant an intellectual property license to the plaintiff. Case was settled shortly after motion to dismiss filed.
    • CTC Communications Group, Inc. v. Fabbricatore, et al. (D. Mass, D. Del). 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. Successfully defeated preliminary injunction motion, which was affirmed on appeal. Case was ultimately dismissed by the plaintiff.
    • Represented Massachusetts-based medical device manufacturer in M&A litigation brought by competitor to enjoin acquisition on grounds of breach of right of first refusal. Successfully defeated preliminary injunction motion and won arbitration trial.
    • Encite LLC v. Soni, et al. (Del. Chancery Ct.). Defending Massachusetts based venture capital firm in defense of fiduciary duty litigation arising out of failed start-up, and in third party litigation brought against founder.  Case scheduled for trial in 2012.
    • Represent India-based global provider of IT and software based implementation solutions in defense of multi-million dollar breach of contract litigation brought by customer. Arbitration pending in California.

professional / civic involvement

  • Boston Bar Association
    • Chair, Practice and Procedure Committee, Section on Bankruptcy Law
    • Bankruptcy Law Section Diversity Task Force
    • Annual Meeting Steering Committee
  • American Bankruptcy Institute, Member
  • Association of the Bar of the City of New York, Member
  • Turnaround Management Association, Member
  • Youth Advocacy Center, Board of Advisors

SPEECHES AND CONFERENCES

  • Panelist, (with Judges Joan Feeney and Frank Bailey), Evidence Workshop, American Bankruptcy Institute, Northeast Conference, July 2009
  • Panelist (with Judges Thomas Hardiman and Jim Haines), Institute, Northeast Conference, July 2008
  • Panelist, Business Case Update: Decisions Under BAPCPA Affecting Businesses and Chapter 11 Cases, American Bankruptcy Institute, Northeast Conference, July 2006
  • Speaker, Current Developments in Bankruptcy, Massachusetts Bankers Association, April 2009
  • Panelist, Recent Developments in Chapter 11 Cases, 2004 Bankruptcy Law Conference, Massachusetts Continuing Legal Education, October 2004
  • Panelist, Creditors Committee Formation Issues, American Bankruptcy Institute, Northeast Conference, July 2004
  • Speaker, Environmental Issues in Bankruptcy, Boston Bar Association Conference, June 2003
  • Speaker (with Judge Joel Rosenthal), Current Issues in Director and Officer Liability, Boston Bar Association, Bankruptcy Bench-Bar Conference, May 2002
  • Panelist, Bankruptcy and Intellectual Property: Article 9 Issues in Intellectual Property Licenses, Boston Bar Association Conference, April 2001

publications

  • Kenneth Leonetti and Euripides Dalmanieras Procedural Issues in Bankruptcy Appeals (American Bankruptcy Institute Northeast Bankruptcy Conference, July 2008)
  • Kenneth Leonetti, The Bear Stearns Crisis: Who is Next?, THE BUYOUT OF BEAR STEARNS: AN IMMEDIATE LOOK AT THE LEGAL, GOVERNMENTAL, AND ECONOMIC RAMIFICATIONS OF BEAR STEARNS' BANKRUPTCY (Thomson/Aspatore, 2008)
  • Kenneth Leonetti, Successor Liability Following Asset Sales in Bankruptcy (Massachusetts Continuing Legal Education, 2006)
  • Kenneth Leonetti and Joshua McGuire, Now You See It; Now You Don’t: Recharacterization and Equitable Subordination (Massachusetts Continuing Legal Education, 2004)
  • Kenneth Leonetti and Jessica Silbey, Dischargeability and Claims for Contribution and Indemnification (Boston Bar Association Environmental Issues in Bankruptcy Conference, June 2003)
  • Kenneth Leonetti and Adam Weisberger, Current Issues in Director and Officer Liability (Boston Bar Association, Bankruptcy Bench-Bar Conference, May 2002)
  • Andrew Schwartz and Kenneth Leonetti, Recent Developments in Valuation (ABI Northeast Bankruptcy Conference, July 2000)