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Lawyer Profile

Image of Michael P. Kenny

Michael P. Kenny

Alston & Bird LLP
  • Recognized Since:
    2003
  • Recognized in:
    Bet-the-Company Litigation
    Commercial Litigation...
  • Law School:
    Emory University
  • Website:
    http://www.alston.com
  • Location:
    One Atlantic Center, Suite 4900
    1201 West Peachtree Street
    Atlanta, GA 30309-3424

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 13 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 and Eleventh Circuits, and the Federal Circuit.

Mike is currently serving his second term on Alston & Bird’s Management Committee. 

Continue Reading
  • Lawyer Bio
  • Client Comments
  • Firm Details
  • Case History

Lawyer Bio

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 13 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 and Eleventh Circuits, and the Federal Circuit.

Mike is currently serving his second term on Alston & Bird’s Management Committee. 

Read more on firm website
  • Education
  • Bar Admissions
  • Award List
  • Additional Information
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Education:

  • Emory University , J.D., graduated 1984
  • Northwestern University, MA, graduated 1980

Bar Admissions:

  • Georgia, State Bar of Georgia

Named "Lawyer of the Year" by Best Lawyers for:

  • Insurance Law, Atlanta (2013)
  • Litigation - Antitrust, Atlanta (2013)
 

Recognized in The Best Lawyers in America for work in:

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Insurance Law
  • Litigation - Antitrust

Special Focus:

  • Antitrust
  • Class Actions
  • Defendants
  • Plaintiffs
  • Securities
  • White-Collar Criminal Defense
 

Additional Information:

Experience
  • Lead trial counsel on behalf of a major pharmaceutical company prosecuting monopolization claims in the District of Delaware; retained as lead trial counsel shortly before the close of discovery.
  • 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 Eleventh Circuit.
  • Lead appellate counsel in the Eleventh Circuit on behalf of a major automobile insurer seeking to overturn a jury verdict in a bad-faith case.
  • Lead trial counsel on behalf of a major automobile insurance company defending an 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, already securing more than $350 million in pre-trial settlements.
  • 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, where plaintiffs are seeking billions of dollars in damages—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; the Ninth Circuit affirmed.
  • 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.
 

Lawyer Client Comments

Firm Details

Image for Alston & Bird LLP View Firm Profile
Alston & Bird LLP
http://www.alston.com
 
Headquarters
One Atlantic Center, Suite 4900
1201 West Peachtree Street
Atlanta, GA 30309-3424
(404) 881.7000
13 Office Locations
in 4 Countries

China: Global Firms

China: Global Firms

Beijing, China: Global Firms

Hanwei Plaza

West Wing, Suite 21B2

No. 7 Guanghua Road

Chaoyang District

Beijing 100004

China: Global Firms

86 10 8592 7500

Get Directions

Belgium

Belgium

Brussels, Belgium

Level 20 Bastion Tower

5 Place du Champ de Mars

Brussels B-1050

Belgium

32 2 550 3700

Get Directions

United States

United States

North Carolina

North Carolina

Charlotte, NC

Bank of America Plaza, Suite 4000

101 South Tryon Street

Charlotte, NC 28280-4000

United States

(704) 444.1000

Get Directions

Texas

Texas

Dallas, TX

Chase Tower, Suite 2300

2200 Ross Avenue

Dallas, TX 75201

United States

(214) 922.3400

Get Directions

Fort Worth, TX

3700 Hulen Street

Building Three

Suite 150

Fort Worth, TX 76107

United States

Get Directions

United Kingdom

United Kingdom

London, United Kingdom

5th Floor, Octagon Point, St. Paul’s

5 Cheapside

London EC2V 6AA

United Kingdom

44 0 20 3823 2225

Get Directions

United States

United States

California

California

Los Angeles, CA

333 South Hope Street, 16th Floor

Los Angeles, CA 90071-3004

United States

(213) 576.1000

Get Directions

New York

New York

New York, NY

90 Park Avenue, 15th Floor

New York, NY 10016-1387

United States

(212) 210.9400

Get Directions

North Carolina

North Carolina

Raleigh, NC

555 Fayetteville Street, Suite 600

Raleigh, NC 27601-3034

United States

(919) 862.2200

Get Directions

California

California

San Francisco, CA

560 Mission Street, Suite 2100

San Francisco, CA 94105-0912

United States

(415) 243.1000

Get Directions

East Palo Alto, CA

1950 University Avenue, Suite 430

East Palo Alto, CA 94303

United States

(650) 838.2000

Get Directions

District of Columbia

District of Columbia

Washington, DC

The Atlantic Building

950 F Street, NW

Washington, DC 20004-1404

United States

(202) 239.3300

Get Directions

Lawyer Case History

Experience

  • 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 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, and this award was 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.

Part 2

  • Lead trial counsel for the City of Atlanta in jury trial in the Northern District of Georgia in Section 1983 case; plaintiff’s verdict reversed on appeal, with 11th 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 settlements from the defendants.
  • Lead trial counsel currently representing major technology company in two antitrust cases in the Northern District of California where the client is seeking more than $1 billion in damages.
  • Lead trial counsel currently representing clients in fraud and breach of contract case in state court in Los Angeles where client is seeking more than $40 million in damages.
  • Lead defense trial counsel for standards setting organization in antitrust case in the Northern District of California; after Daubert evidentiary hearing in connection with class certification, plaintiffs’ expert witness testimony was excluded and plaintiffs’ motion for class certification was denied.

Part 3

  • Lead defense trial counsel for 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 in a patent case in the Middle District of North Carolina for a technology company, securing a multimillion-dollar settlement after a Markman hearing.
  • 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.

Part 4

  • 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 9th and 6th 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 3rd 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.
 
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