Kurt S. Kusiak

Partner

Mr. Kusiak has more than twenty-five years of trial experience litigating complex business, corporate and partnership disputes. He also has an extensive trust and estate litigation practice representing both beneficiaries and trustees and has represented a variety of clients in real estate and construction disputes. Since 2004, Mr. Kusiak has been recognized as a Massachusetts Super Lawyer and he has also been listed in Best Lawyers in America since 2013.

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617-542-5542

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(617) 542-1542

Education And Distinctions

  • Clerk for both the Hon. A. David Mazzone and the Hon. W. Arthur Garrity, Jr., United States District Court for the District of Massachusetts.
  • Boston University Law School, magna cum laude, J.D.; Member, Boston University Law Review; Liacos Distinguished Scholar; Winner, American Jurisprudence Award for excellence in trial advocacy
  • Trinity College, B.A., Honors Thesis in Economics
  • Massachusetts Super Lawyers®, 2004-present
  • Listed in Best Lawyers in America®, 2013-present

More About Kurt S. Kusiak

Mr. Kusiak has successfully tried many cases in the federal and state courts of Massachusetts and New Hampshire and in other federal courts throughout the United States. He has extensive experience litigating complex business, corporate, and partnership disputes, including those involving breakups, freeze outs, breaches of fiduciary duty, misappropriation of trade secrets, negotiation of employment, non-compete and non-solicitation agreements, and all types of contract disputes. He has represented numerous corporate officers and directors in matters involving securities-related claims and investigations by the Securities and Exchange Commission, the Massachusetts Attorney General's Office, and other government entities.

Over the past 20 years, Mr. Kusiak has also developed a substantial practice representing clients in trust & estate/probate litigation matters. He has represented both trustees and beneficiaries in many trust-related claims involving allegations of misuse or theft of trust funds, negligence, malpractice, breach of fiduciary duties, lack of testamentary capacity, undue influence, and will contests.

Mr. Kusiak also has extensive experience representing individual home owners, developers, and extended families in real estate and construction disputes involving easements, adverse possession, real estate trusts, eminent domain, leases, and claims by and against contractors, subcontractors and architects.

Prior to joining Fitch Law Partners, Mr. Kusiak worked as a trial lawyer for Ropes & Gray. Prior to law school, Kurt was an officer in the United States Air Force.

Teaching and Publications

Kurt has taught many Massachusetts Continuing Legal Education Seminars, teaches foreign lawyers in Boston University School of Law’s LLM program about U.S. litigation, and is the author of numerous articles on various aspects of business litigation and trust litigation published by MCLE and by the Massachusetts Law Review. Publications include articles on Limited Liability Partnerships, witness interviews, important court decisions on business litigation issues, and key differences between Massachusetts and Delaware law regarding close corporations and disputes among shareholders.

  • Gaining the Advantage in Close-Corporation Disputes: Examining Key Differences Between Massachusetts and Delaware Fiduciary Duty Law, Massachusetts Law Review, 2015
  • Review of the most important business decisions of 2006, Author/ presenter, Massachusetts Business Litigation Review, Massachusetts Continuing Legal Education, 2007
  • Review and analysis of law affecting liability of individual members of LLPs, Author/ presenter, LLP Liability Issues, Massachusetts Continuing Legal Education, 2005
  • Jury Instructions to be used by Superior Court Justices for Eminent Domain cases, author, Massachusetts Superior Court Civil Practice Jury Instructions for Eminent Domain Cases, Massachusetts Continuing Legal Education, 2003
  • A review of new law affecting Rule 4.2 restrictions on interviewing corporate witnesses, author/ presenter, Understanding Rule 4.2, Massachusetts Continuing Legal Education, 2002
  • MCLE Massachusetts Superior Court Civil Practice Jury Instructions on Eminent Domain Cases, 1998-2011, Author
  • Boston University School of Law, Regular panelist
  • Boston University School of Law LL.M. Program 2009 - present, Lecture to foreign counsel on litigation in the United States
  • MCLE's Annual Business Litigation Conference, Regular panelist

Professional Activities and Associations

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Admitted to the Massachusetts state bar, the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First, Fourth and Eleventh Circuits, and the United States Supreme Court.
  • Kurt has also served as a member of the Newton, Massachusetts School Committee and on the board of the Newton Schools Foundation.
  • Super Lawyers
  • Best Lawyers | Best Law Firms | U.S.News & World Report | 2018
  • Preeminent AV | LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards and Legal Ability