Mr. Kutny practices in the area of business-related litigation and represents all forms of business entities (corporations, limited liability companies, partnerships, etc.) and individuals. His broad experience includes matters involving bankruptcy, breach of contract, fiduciary duties, covenants not to compete, trade secrets, and unfair trade practices, among other types of claims.  Mr. Kutny brings his experience as a litigator to the Commercial Litigation and Bankruptcy, Restructuring and Creditor’s Rights practice groups and often advises clients on strategies for managing their pending and bankruptcy related litigation matters.  He is also the group’s primary resource for corporate disputes, advising and working to resolve issues of control which so often arise in business cases.  In addition to his business litigation practice, Mr. Kutny handles appeals before the Fourth Circuit and all North Carolina appellate courts.

Mr. Kutny has been selected for inclusion in both North Carolina magazine’s Legal Elite (Young Guns 2009-2010; Construction 2012; Litigation 2013-2014) and in the listing of Super Lawyers (Rising Stars 2009-2014).  Mr. Kutny was recognized by the Charlotte Business Journal as one of the Forty under 40 recipients for 2014.  Mr. Kutny was also selected as a 2010 Charlotte “Mover & Shaker” by Business Leader magazine.

Mr. Kutny served on the Board of Directors for the Mecklenburg County Bar and serves as Chair of the Board of Directors for Hands on Charlotte, a non-profit volunteer service organization.  Mr. Kutny is past President of the St. Gabriel Catholic Church Men’s Club.

Prior to joining HSSM, Mr. Kutny practiced with Kilpatrick Stockton, LLP.

Practice Areas

Education

  • University of Virginia School of Law, JD, 2000, Virginia Tax Review, Articles Editor
  • Dartmouth College, BA (Economics, Philosophy), cum laude, 1997

Experience

  • Defense of claims arising out of asset purchase agreements for a worldwide IT services and solutions provider.
  • Defense of claims arising out of sales and services agreements for a nationwide products distributor.
  • Prosecution of products liability claim for a worldwide manufacturer and distributor.
  • Prosecution and defense of claims for national securities firms before the dispute resolution division of the Financial Industry Regulatory Authority (FINRA).
  • Representation of local governments in zoning disputes.
  • Author of "Last Acts or Omissions that Trigger the Statute of Repose," Change Order, North Carolina Bar Association, June 2003.

Honors + Activities

  • Martindale - Hubble® AV® Preeminent Peer Review Rating
  • Selected for inclusion in Business North Carolina magazine’s Legal Elite (Young Guns 2009-2010; Construction 2012; Litigation 2013-2017)
  • Selected as a “Rising Star” in the North Carolina Super Lawyers publication for the years 2009-2014
  • Recognized by the Charlotte Business Journal as one of the Forty under 40 recipients for 2014
  • Organizer and Presenter, "New Lawyer Orientation", Mecklenburg County Bar
  • Presenter, “Construction Lien Law", Lorman Education Series
  • Presenter, "Mechanics of North Carolina Civil Procedure", National Business Institute
  • Member, North Carolina Bar Association, Litigation Section
  • Volunteer, Legal Aid of North Carolina
  • Member, Dartmouth Lawyers Association
  • Member, St. Gabriel Catholic Church