Mr. Kutny is currently the co-managing partner of HSSM.

Mark has been with the firm for over 20 years and is a member of the litigation team, focusing his practice primarily on business-related litigation. Mark represents all forms of business entities (corporations, limited liability companies, partnerships, etc.) from publicly traded companies to small closely held private entities, as well as representing individuals in business disputes. His broad experience includes matters involving bankruptcy, breach of contract, employment law, covenants not to compete, fiduciary duties, trade secrets, and unfair trade practices, among other types of claims. Mark brings his experience as a litigator to both the Commercial Litigation and the Bankruptcy, Restructuring and Creditor’s Rights practice groups and often advises clients on strategies for managing their pending business litigation and bankruptcy related matters. He is also a 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, Mark handles appeals before the Fourth Circuit and all North Carolina appellate courts.

Mark is AV® Preeminent™ (4.5 - 5.0) peer review rated by Martindale-Hubbell®. According to Martindale-Hubbell®, “An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.” Mark has been selected multiple years for inclusion in both Business North Carolina magazine’s Legal Elite and in North Carolina’s listing of Super Lawyers. Mark was recognized by the Charlotte Business Journal as one of the Forty under 40 recipients for 2014.

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

Charlotte Business Journal Forty Under 40
Martindale-Hubbell AV Preeminent

Practice Areas


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


• Represents clients at all stages of litigation, from early dispute resolution through appeals, in the North Carolina state and federal courts and in commercial arbitration forums.
• Represents businesses in a wide range of contract and tort disputes.
• Represents directors, officers, and shareholders in multiple direct and derivative business litigation actions.
• Advises and represents both businesses and employees in employment matters, including hiring and termination of employees, drafting and reviewing employment agreements, and litigating employment law claims.
• Represents units of local government.

Honors + Activities

• Martindale - Hubble® AV® Preeminent Peer Review Rating
• Selected for inclusion in Business North Carolina magazine’s Legal Elite (Multiple Years)
• Selected for inclusion in the North Carolina Super Lawyers publication (Multiple Years).
• Recognized by the Charlotte Business Journal as a Forty under 40 recipient (2014)
• Hands On Charlotte, Board Member, 2011-2016, Chair of Board, 2015-2016
• Selected for and completed the Bar Leadership Institute, Mecklenburg County Bar
• Organizer and Presenter, "New Lawyer Orientation", Mecklenburg County Bar
• Presenter, "Mechanics of North Carolina Civil Procedure", National Business Institute
• Member, North Carolina Bar Association, Litigation Section
• Member, Dartmouth Lawyers Association
• Member, St. Peter Catholic Church
• Former Member, St. Gabriel Catholic Church, President, Men’s Club, 2012-2014