There Are Always Solutions
Marc David Kornitsky
Contact Me:
Practice Areas:
- Criminal Defense
- Personal Injury
- Litigation
Biography
For over twenty-nine years, I’ve vigorously represented my clients’ interests in high stakes litigation in state and federal courts and in numerous arbitration forums. Within two years of law school graduation, I successfully tried my first life felony case to a jury, resulting in an acquittal. Applying my early criminal trial experience and skills to my growing civil litigation practice, I developed a practice litigating complex business, fiduciary and real estate disputes. Many of my litigation clients engage me as outside counsel for their closely held companies and family offices.
Selected as a Massachusetts Super Lawyer™ 2010 – 2021 for General Litigation.
EXPERIENCE:
BARRETT KORNITSKY LLP, Peabody, MA (3/1/2012-present)
Founding Partner. Continued to litigate, arbitrate and mediate civil cases in state and federal courts. Obtained multi-million-dollar resolution in complex business dispute. Counseled clients in hundreds of millions of dollars in transactions.
PABIAN & RUSSELL, LLP, Boston, MA (5/2013-12/2020)
Of counsel to premier boutique law firm until merger with larger firm
ANTICO, BARRETT, BURKE & KORNITSKY LLP, Peabody, MA (1999-2012) Managing Partner of firm’s litigation practice. Represented individuals, closely held corporations, insurance companies, banks and condominium associations in disputes involving contracts, partnerships, employment, leases, land use, professional licensing, fiduciary matters, collection matters, construction claims, wrongful death and defense of suit. Represented severely injured parties in personal injury litigation. Provided counsel to new business entities and existing businesses concerning start-up, contractual issues, non-compete agreements, acquisitions, permitting, insurance coverage issues, financing, partnership disputes and buy-sell agreements.
ANKELES, HARMON & BONFANTI, Peabody, MA (1996-1999)
Associate in Firm’s Litigation Department. Tried criminal, eviction, land use, domestic and estate cases in state courts.
MAVROS & FITZGERALD, Lynn, MA (1993-1996)
Associate practicing in criminal defense and personal injury litigation. Represented clients successfully in significant personal injury cases. Successfully tried Superior Court jury action resulting in acquittal for alleged felonies punishable by life imprisonment.
Education
- Suffolk University Law School, Boston, Massachusetts
- J.D. - 1993
- Honors: cum laude
- Umass-Amherst
- B.S. - 1989
- Major: Finance
Bar Admission
- Massachusetts, 1993
- U.S. District Court District of Massachusetts, 1999
- U.S. Supreme Court, 2002
Honors
- Super Lawyers 2012
Pro-Bono Activities
- Chairman, Swampscott Zoning Board of Appeals (member since 2006)
- My Brother’s Table , Lynn, MA (2009-2020)
Professional Associations
- Essex County Bar Association
- Peabody Bar Association
Representative Clients
- Represented family office in fraud and misrepresentation claim concerning breach of representations and warranties in $20,000,000 business asset purchase resulting in multi-million-dollar confidential settlement at pre-suit mediation.
- Represented litigant in governance and self-dealing dispute involving approximately $60,000,000 trust estate.
- Represented litigant in Will contest involving approximately $20,000,000 estate.
- Foss v. Foss, et al, Massachusetts Fiduciary Litigation Session (2020). Represented Estate and Trust in successful Trust reformation action (Appeal pending).
- Represented trial witness in case resulting in largest annual IP judgment nationally (2019).
- Name of case withheld, Massachusetts Business Litigation Session (2020). Represented prevailing partner in partnership dispute and related litigation. Settled for full value of claim.
- Name of case withheld, Massachusetts Business Litigation Session. Represented partner in contentious partnership dispute and related litigation (2019).
- Name of case withheld, Obtained Summary Judgment for defendant clients following multi-state claims alleging fraud in acquisition of company (2019).
- Represented prevailing beneficiaries of irrevocable trust, with assets in excess of $15,000,000, at trial of action to remove and surcharge trustees. Litigation included actions in Superior Court, Probate Court, Massachusetts Appeals Court and Massachusetts Supreme Judicial Court (single justice).
- Name of case withheld, Represented prevailing party in counterclaim. After week-long arbitration of breach of contract claim arising from partner buyout, Arbiter awarded one-hundred percent of client’s damages and fees (2017).
- Name of case withheld, US District Court for the District of Massachusetts. Represented medical practice against lender in cyber fraud case to recover one hundred percent of misappropriated funds (2017).
- Name of case withheld, Essex Superior Court Docket No.: 2014-xxxx. Personal injury settlement in the amount of $250,000.
- Name of case withheld, Successfully represented lender in $200,000 recovery in negligence action against appraiser following loan to conspirators in fraud ring (2013).
- Name of case withheld, Massachusetts Land Court Docket No.: 2014-xxxx. Successfully represented Petitioners in Petition for Partition resulting in seven figure sales price.
- Name of case withheld, American Arbitration Association. Received arbitration award of $200,000 in favor of homeowner in dispute with general contractor (2014).
- Party names withheld, 2009 American Arbitration Association. Represented independent contractor in successful claim for commissions due. After two-day arbitration, arbitrator awarded all commissions due, for total award in the amount of $285,000.
- Name of case withheld, Successfully represented Massachusetts corporations in misrepresentation action against Maine bank in the United States District Court for the District of Massachusetts. Prevailed on venue and choice of law issues. Confidential settlement reached on eve of trial.
- Name of case withheld, Essex Superior Court Docket No.: 2005-0063A. Represented limited partner at Superior Court trial of action to establish client’s partnership interest in waterfront industrial building. Post trial confidential settlement entered by the parties (2007).
- Hollywood v. name withheld Mortgage Co., Middlesex Superior Court Docket No.: 2003-1197. Successfully represented Mortgage Broker in defense of civil action for fraud. In 2007, jury returned verdict in client’s favor on all counts following one week trial.
- Hurley, et al v. Golden, et al., Massachusetts Land Court Docket No.: 2006-317693. Successfully represented heirs of estate of decedent, who died in 1972 at the age of 102, in resolving claims concerning ownership interest, challenged by claims of adverse possession by occupants, who resided in Cambridge historic property without payment of rent for well over the statutorily required twenty-year time frame. Value of recovery approximately $400,000.
- Chase, et al v. Trust for Public Land, John R. and Christine Kane Skibbee, City of Newburyport and Com. of Massachusetts, Massachusetts Land Court Docket No.: 2006-329075. Represented land owners in successful defense of claims brought by abutting land owners/sellers of land seeking to set aside conveyances based upon alleged violations of Massachusetts Constitution and requirement to obtain votes of Massachusetts Legislature for certain land transfers. Case dismissed following our clients’ Motion to Dismiss for lack of “standing” by plaintiffs.
- Simmons v. Zoning Board of Appeals of Newburyport, et al, 60 Mass.App.Ct. 5 Represented prevailing party in zoning dispute concerning keeping of horses, as pets, by landowner on residential lot. Massachusetts Appeals Court decision expanded the definition of “accessory use” in Massachusetts zoning case law (2003).
- Represented litigant in Federal Court trademark infringement action concerning competing claims to mark by restaurant operators.
- Represented partner in multi-state litigation in State and Federal Courts concerning dissolution of partnership and various fiduciary claims following federal indictment of another partner.
- Represented client in successful defense of will contest in Middlesex Probate Court.
- Represented Mortgage Company in litigation of mortgage fraud case against borrower in Norfolk Superior Court
- Represented seller of property in litigation concerning violation of recorded right of first refusal.
- Represented landowners in prosecution and defense of Land Court adverse possession claim.
- Tried will contests concerning multi-million-dollar estates in various Probate Courts.
- Represented estate of pedestrian decedent in wrongful death action against state authority following bus accident. Parties entered confidential settlement.
- Outside counsel to wholesale, national seafood company employing over one hundred fifty people and over $200,000,000 in annual sales.
- Representation of attorneys and fiduciaries in various Massachusetts courts.