Ken Smurzynski focuses on the representation of clients before courts and in arbitrations. His primary practice involves real estate litigation, especially issues involving the management of hotels, shopping centers and senior living facilities, as well as legal malpractice cases arising from real estate matters.
Ken has tried jury and non-jury cases in federal and state courts, and argued appeals in federal and state courts. He also has represented clients in international and domestic arbitrations, as well as in arbitration-related proceedings, both international and domestic, to confirm and challenge awards and to compel arbitration.
Ken was born and grew up in the Boston suburb of Arlington, Massachusetts. He graduated magna cum laude from Brown University in 1988 and then spent a year working as an aide to U.S. Rep. Chet Atkins before attending Georgetown University Law Center, where he received his J.D., magna cum laude, and was Articles Editor, Georgetown Law Review. After clerking for Judge Marvin J. Garbis of the U.S. District Court for the District of Maryland, Ken joined Williams & Connolly in 1993. Ken is Co-Chair of Williams & Connolly’s Real Estate practice.
Though all cases vary and none is predictive, Ken’s experience includes:
- Represented real estate developer in dispute with land owner over major mixed-use development in the District of Columbia, reversing the trial court’s judgment against the developer.
- Represented law firm against class action opt-out plaintiffs, resulting in dismissal of plaintiffs’ claims on novel question of whether intra-jurisdictional class action tolling would be recognized in Arizona.
- Represented one of the country’s largest financial institutions at trial and on appeal against FIRREA claim brought by U.S. Government.
- Represented one of the world’s largest law firms in multiple actions asserting violations of state Blue Sky laws.
- Represented one of the country’s largest senior living companies in dispute with its largest owner of senior living facilities.
- Represented major international hotel chain in litigation with its largest owner of hotels.
- Represented major international hotel chain in ICC arbitrations with various of its owners of hotels.
- Represented major real estate firm with respect to the validity of the issuance of shares under Delaware law.
- Represented commodities firm with respect to the enforceability of oral contracts for complex energy options.
- Represented members of the Virginia legislature with respect to a claim for violations of the Wiretap Act that resulted in a settlement that was then the second largest civil recovery under the act.