Michael Kenny is a trial and appellate lawyer working principally in complex commercial litigation, especially antitrust, financial services, trade secrets, insurance, business and class action litigation. Corporate plaintiffs and corporate defendants have hired Mike to prosecute or defend claims of more than $1 billion in 17 cases throughout the United States, and he has also prosecuted or defended numerous other cases involving more than $100 million. Repeatedly, Mike has been retained by clients as lead trial counsel shortly before the start of a major trial. Mike has represented clients in virtually all major industries, including technology, manufacturing, pharmaceuticals, insurance, financial services, transportation, logistics, and health care.
Mike has an active practice representing companies as corporate plaintiffs. In the past several years, Mike has secured jury verdicts and settlements of more than $1 billion for his clients, including six nine-figure settlements and 14 eight-figure settlements.
Mike has extensive experience in MDL litigation and has successfully defended more than 200 class action lawsuits on behalf of major corporations throughout the United States. He has also served as lead appellate counsel in more than 35 federal and state courts, including the U.S. Supreme Court, the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits, and the Federal Circuit.
Mike is currently serving his second term on Alston & Bird’s Management Committee.
- Lead trial counsel on behalf of a major automobile insurance company defending 30 consolidated antitrust and RICO cases in a multidistrict litigation (MDL) proceeding in the Middle District of Florida; has succeeded in getting cases dismissed on motion. Lead appellate counsel in the 11th Circuit.
- Lead trial counsel on behalf of a major automobile insurance company defending antitrust action brought by the Louisiana Attorney General in Baton Rouge state court; succeeded in getting the complaint dismissed on motion.
- Lead trial counsel on behalf of a major technology company prosecuting three separate antitrust lawsuits in the Northern District of California.
- Lead trial counsel in commercial litigation on behalf of a major appliance manufacturer in the Southern District of Georgia.
- Lead trial counsel on behalf of a Chinese manufacturer in a products liability class action in an MDL proceeding in the Eastern District of Louisiana—retained after the client was held in civil and criminal contempt and defaulted on class liability.
- Lead trial counsel on behalf of a high-tech company in a fraud and unfair and deceptive trade practices jury trial in the Middle District of North Carolina, winning a judgment of $318 million.
- Lead trial counsel on behalf of a major pharmaceutical company defending 13 consolidated putative antitrust class action lawsuits in an MDL proceeding in the District of Massachusetts; plaintiffs voluntarily agreed to dismiss their claims.
- Lead trial counsel for a medical technology company in a jury trial regarding a patent suit in the Middle District of North Carolina, securing an eight-figure settlement from one defendant before trial and winning a verdict against others at trial.
- Lead defense trial counsel on behalf of a major computer company in a trade secrets and unfair competition jury trial in New Orleans; retained shortly before trial to defend the client in the $5 billion case; after seven weeks of trial, the jury rejected the plaintiffs’ misappropriation of trade secrets and punitive damages claims and awarded them less than 0.2 percent of the claimed damages on their unfair competition claim, an award reduced further after post-trial motions; the case settled on appeal for less than the judgment.
- Lead trial counsel for telecommunications service providers in a five-week patent and copyright infringement jury trial in the Northern District of Georgia; retained 30 days before trial to lead the defense against claims of more than $300 million, where essential conduct was not in dispute; the plaintiff ultimately received less than $1 million, less than the amount spent on its expert witness.
- Lead trial counsel for the City of Atlanta in a jury trial in the Northern District of Georgia in a Section 1983 case; plaintiff’s verdict reversed on appeal, with the Eleventh Circuit holding there was no viable claim.
- Lead trial counsel in an antitrust case for a technology company in the Northern District of California, securing more than $600 million in pre-trial settlements from the defendants.
- Lead defense trial counsel for a standards setting organization in an antitrust case in the Northern District of California; after a Daubert evidentiary hearing in connection with class certification, the plaintiffs’ expert witness testimony was excluded and the plaintiffs’ motion for class certification was denied; appeal is pending in the Ninth Circuit.
- Lead defense trial counsel for a standards setting organization in a Lanham Act and unfair competition case in the Eastern District of Michigan; the plaintiff dismissed its case on the eve of executive depositions.
- Lead trial counsel for a major technology company, as plaintiff, in an antitrust case in the Northern District of California, winning a seminal ruling on a Foreign Trade Antitrust Improvements Act issue and thereby increasing the damages claim by billions of dollars.
- Lead trial counsel for a New York City investment company in False Claims Act litigation, securing an eight-figure settlement for the client.
- Lead trial counsel for a major telecommunications company in a $500 million monopolization case brought by a competitor in Florida; secured a noncash settlement on the eve of trial.
- Lead trial counsel on behalf of the City of Atlanta and Hartsfield-Jackson Atlanta International Airport in a constitutional challenge to the airport’s no-gun policy, defeating a preliminary injunction request after an evidentiary hearing, and subsequently securing dismissal of the case; the Eleventh Circuit affirmed the win.
- Lead trial counsel on behalf of a major building products producer in a multibillion-dollar national antitrust class action in the Eastern District of Pennsylvania; the case settled on favorable terms on the eve of trial.
- Lead trial counsel for a major computer company in a fraud and misappropriation of trade secrets case in New Jersey federal court; hired as trial counsel after summary judgment was denied; the case settled on favorable terms.
- Lead trial counsel on behalf of a major credit bureau in antitrust cases in the Central District of California and the Southern District of Ohio, winning dismissal of both cases. Won affirmance in both the Ninth and Sixth Circuits.
- Lead trial counsel on behalf of Atlanta’s mayor and other city officials in an antitrust and Section 1983 case, securing dismissals on their behalf.
- Lead trial counsel on behalf of a major automobile insurance carrier in a putative nationwide class action alleging violations of the Federal Credit Reporting Act in the Eastern District of Pennsylvania, winning dismissal of the case, which was affirmed by the Third Circuit.
- Lead trial counsel for an international chemical company in an unfair and deceptive trade practices case in the Middle District of North Carolina, securing favorable settlement before voir dire.
Twenty-one Alston & Bird practices have been listed in the 2014 Chambers USA: America’s Leading Lawyers for Business. These include Antitrust; Banking & Finance; Bankruptcy/Restructuring; Construction; Corporate/M&A; Employee Benefits & Executive Compensation; Energy; Environment; ERISA Litigation; Government: Government Relations; Healthcare; Immigration; Intellectual Property; International Trade; Labor & Employment; Litigation: General Commercial, including White-Collar and Securities Litigation; Outsourcing; Privacy & Data Security; Real Estate; REITs; and Tax.
May 23, 2014
In the News