Harvard Law School, J.D.
College of Wooster, B.A., Magna Cum Laude, Phi Beta Kappa
Federal Clerkship: Ann Aldrich, United States District Judge, Northern District of Ohio
Kenneth M. Walczak
Ken is a trial and appellate lawyer who has litigated complex class actions and constitutional cases. His practice focuses on class actions, consumer rights, appellate litigation, issues affecting the restaurant and bar industry, and trade secrets/intellectual property.
Educational Background & Federal Clerkship:
- Ken earned his law degree from Harvard Law School. At Harvard, Ken was a Board Member of the Harvard Legal Aid Bureau, and he served as an editor for the Civil Rights/Civil Liberties Law Journal and a columnist for the Harvard Law School Record.
- He earned his bachelor’s degree in comparative literature, with a minor in French, from the College of Wooster, where he was elected to Phi Beta Kappa and graduated magna cum laude.
- Prior to entering into private practice, Ken served as a judicial law clerk to United States District Judge Ann Aldrich in the Northern District of Ohio. Ken has also worked with the ACLU of Ohio and the Boston Federal Public Defender.
Prior Representations: Ken has successfully litigated class action cases and individual cases. Results include:
- [Prisoner Class v. State Prison System], Ninth Circuit Court of Appeals: wrote brief of amicus curiae supporting the Receiver appointed to overhaul medical care in state prison system; Court cited brief in its ruling maintaining the Receivership.
- [County Governments v. Lead Paint Manufacturers], California Supreme Court: worked on brief of amicus curiae, ethics professors supporting the ability of private law firms to provide contingent-fee services to city/county governments in massive lead paint abatement case. Court cited brief during oral argument and upheld the legality of contingent-fee arrangements.
Trade Secrets/Covenants Not to Compete:
- [Biotech Company v. Biotech Company], San Mateo Superior Court: negotiated settlement agreement resolving biotech company suit against former employee.
- [In re Telecom Merger Application], Federal Communications Commission: worked on brief of wireless service provider opposing merger. Brief was cited by Department of Justice as influential in DOJ’s decision to intervene and oppose merger.
- [Parolee Class v. State Parole System], Northern District of California (Sacramento): obtained settlement ending state’s use of non-contact locations for parole proceedings, which imposed physical barriers between parolees, their attorneys, and/or hearing officers.
- Formed 501(c)(3) nonprofit for religious organization; applied for and obtained 501(c)(3) and state nonprofit status. Drafted governing documents.
- Formed California LLC for retail franchisee. Drafted Operating Agreement and other governing documents.