Kevin W. Clancy
Kevin Clancy joined the firm at its inception in 1993. He has represented public and private corporations, partnerships, associations, and individuals at the state and federal trial and appellate levels in a wide range of business litigation matters including partnership, shareholder and corporate governance disputes, fraud and business tort cases, real estate and broker commission matters, patent and copyright infringement claims, employment and discrimination disputes, insurance coverage litigation, and workout and lender liability matters.
Kevin practices in the Massachusetts state and federal courts and has appeared in numerous cases in the Business Litigation Session of the Suffolk Superior Court and the United States District Court for the District of Massachusetts. He has practiced before the United States Court of Appeals for the First Circuit and the United States Bankruptcy Court for the District of Massachusetts. Mr. Clancy has also appeared pro hac vice in state and federal courts throughout the country, as well as before the International Court of Arbitration.
From 1999 through 2001, Kevin was Vice President and General Counsel at LavaStorm, Inc., a telecommunications software company in Boston, Massachusetts. While at LavaStorm, Kevin was responsible for all company legal matters, including intellectual property licensing and protection, private equity placements, litigation and employment matters. This in-house experience gave Kevin important insight into the challenges facing corporate counsel and the importance of being responsive to his business clients’ needs.
- Kevin brought suit on behalf of a large group of shareholders and convertible note holders of a closely-held aerospace technology company who claimed that the company’s President was freezing out the minority shareholders, defrauding the convertible note holders and misappropriating the company’s intellectual property. Kevin obtained a preliminary injunction to prevent conveyance of the company’s assets and, after a lengthy trial in the Essex Superior Court, a favorable judgment on sixteen of seventeen counts of the plaintiffs’ complaint.
- Kevin represented a local technology company in a copyright infringement action in the United States District Court for the Western District of Missouri. He settled the client’s claim that the defendant’s computer screen displays infringed a valid copyright on favorable terms, including a full revision by the defendant of its offending screen displays.
- In a contract dispute between his client, a local real estate brokerage firm, and a prominent real estate developer, Kevin obtained a ruling from the Court on summary judgment interpreting the parties’ commission agreement in his client’s favor, resulting in the recovery of a commission in excess of $300,000.
- Kevin represented a closely-held biotechnology company in a contentious dispute with its founders. After protracted litigation, a settlement was reached which removed the founders from management positions and confirmed the company’s ownership of its intellectual property.
- A national charter jet company was owed a substantial sum by an air charter brokerage firm on the eve of a sale of the brokerage firm’s assets to a foreign private equity firm. With the specter of a judgment-proof defendant looming, Kevin acted quickly to obtain preliminary injunctive relief. The defendant was ordered to retain sufficient assets to satisfy an anticipated judgment, and the client ultimately recovered the entire amount it was owed.
- Associate, Trial Department, Goodwin Procter LLP
- Staff Attorney, RECOLL Management Corporation
- Associate, Trial Department, Widett, Slater & Goldman, P.C
- Martindale-Hubbell Peer Review Rated “AV Preeminent”
- “Massachusetts Super Lawyer” 2004-2010, 2013-2015, Business Litigation
- “Boston’s Top Rated Lawyers,” Boston Globe May 5, 2012, Business & Commercial
- “The Constitutionality of the Massachusetts Medical Malpractice Pain and Suffering Cap,” 29 Boston College Law Review 659 (1988)
Professional and Community Involvement
- Moderator, Town of Holliston, Massachusetts, 1998 –
- President, Holliston Lions Club, 2008-2009
- Director, Holliston Lions Club, 2006-2009
- Trial Advisor, Harvard Law School Trial Advocacy Workshop
- Trial Judge and Advisor, Boston College Law School Grimes Moot Court Competition