Kenny is an experienced commercial litigator with a focus on the construction industry. He has litigated matters in state and federal courts as well as private and AAA arbitration proceedings. Within his construction practice, Kenny’s representation has included owners and developers, general contractors, trade subcontractors, engineers, architects, and other design professionals. Kenny’s experience in construction litigation is broad, ranging from representation of prime contractors and design professionals on large, complex industrial sites and mixed-use developments as well as the defense of general contractors on single-family residential projects. While Kenny’s practice focuses upon construction litigation, Kenny comes from a motorsports family and has assisted clients in litigation arising out of sports car racing and NASCAR-sanctioned racing series. Kenny is well-versed in all aspects of civil litigation and wants to achieve the best results for his client, whether by settlement or taking the matter through trial or an arbitration hearing. Kenny is experienced in trying civil cases through jury verdict or judgments in non-jury matters.

In addition to his litigation practice, Kenny takes his role as a counselor to his clients seriously. This includes providing individuals and business clients with risk-management services outside of active litigation. In addition, he represents both debtors and creditors in bankruptcy proceedings, including serving as part of HSSM’s team as local counsel to creditor committees in large and complex Chapter 11 proceedings. Kenny can also provide initial assessments to determine whether bankruptcy is an appropriate avenue for clients, or if the client would be better served by an out-of-court debt restructuring or the dissolution and winding up of a business.

Kenny is a proud Double Heel, having earned his undergraduate and law school degrees from the University of North Carolina at Chapel Hill. Outside of the office, Kenny is an avid sports fan, including his beloved Tar Heels and the Charlotte Hornets. He resides in Charlotte with his fiancée and their three dogs, Baloo (a Belgian Malinois mix), River (a yellow Labrador), and Loki (a black, energetic German Shepherd).

Practice Areas

Education

  • University of North Carolina School of Law, J.D., 2014, North Carolina Law Review, managing editor
  • University of North Carolina, B.A., 2011

Experience

  • Defense of engineers and architects in professional negligence and delay claims by owners and contractors.
  • Pre-litigation representation of design professionals to minimize risk and avoid costly litigation.
  • Prosecution of claims by design professionals and contractors for nonpayment.
  • Prosecution of claims by owners against contractors for construction defects.
  • Dissolution and windup of limited liability companies and corporations while avoiding personal liability for any company principals
  • Enforcement of non-competes against former employees to prevent former employees from working for competitors, including the successful appeal of a state trial court summary judgment verdict finding a non-compete unenforceable.
  • Representation of landowners and municipalities in eminent domain proceedings.
  • Settlement of EEOC discrimination claims on behalf of employees and employers.

Honors + Activities

  • North Carolina Super Lawyers “Rising Star,” 2019-2022
  • Member, North Carolina State Bar
  • Member, North Carolina Bar Association
  • Member, Mecklenburg County Bar Association
  • Member, ABA Forum on Construction Law
  • Admitted to practice in North Carolina state courts, the U.S. District Court for the Western, Middle, Eastern Districts of North Carolina, and the Fourth Circuit Court of Appeals
  • UNC School of Law James E. and Carolyn B. Davis Society