JOHN J. KENNEY

About

John J. Kenney specializes in complex civil and criminal litigation, government investigations, and corporate governance and compliance law. He is a Fellow in the American College of Trial Lawyers and formerly the Executive US Attorney for the Southern District of New York. Prior to joining the firm in 2007, he was a litigation partner at Simpson Thacher and Bartlett.

Mr. Kenney served as an Assistant US Attorney in the Southern District of New York for nine years (1971-1980), the last three as the Executive Assistant US Attorney. He became a Partner at Simpson Thacher in 1981.

Mr. Kenney has extensive experience in state and federal trials and appeals in both civil and criminal cases. His trials have included securities fraud, breach of contract and product liability cases. He has tried cases in 16 state and various federal courts, the great majority of which were jury trials, and argued appeals in the United States Courts of Appeals for the First, Second, Fifth and Eighth Circuits and various state appellate courts.

Mr. Kenney’s recent engagements in the last four years have included:

  • Represented a British Inspection Company, with co-counsel, in a two week non-jury Refinery Explosion case in Federal Court in Cheyenne, Wyoming.
  • Represented the former Chief Financial Officer of a publicly held company in a ten week jury trial on criminal securities fraud charges in the Federal Court in Manhattan.
  • Representing an international testing company against claims in a class action seeking recovery for personal injury and property damage arising from the explosion of an Oil Storage Terminal in Puerto Rico.
  • Representing an officer and head US dollar swaps trader at a major international bank in an investigation by the Department of Justice, the Commodities Futures Trading Commission and other regulating agencies into the setting of LIBOR Rates.
  • Representing the head energy trader of a major international bank in a FINRA investigation into the receipt and use of rumor/inside information, subsequently found to be untrue.
  • Representing a major US asset management company in an investigation by the Securities and Exchange Commission into whether the method of obtaining funds from sovereign wealth fund and foreign pension funds violates US laws and regulations under the Foreign Corrupt Practices Act.
  • Represented several companies in connection with government investigations under the Foreign Corrupt Practices Act.

Mr. Kenney has conducted internal corporate investigations, including allegations of securities fraud, violations of the Investment Company Act of 1940 and the Investment Advisors Act, the Foreign Corrupt Practices Act, and bank fraud. He has represented clients before various government agencies including the Securities and Exchange Commission and the Office of Government Ethics. He has represented witnesses before various federal and state grand juries relating to securities fraud, the Foreign Corrupt Practices Act, anti-trust and environmental violations and other matters.

He has experience in foreign litigation issues including requests between foreign governments and the United States in aid of criminal investigations. He has also represented clients in connection with foreign criminal investigations including criminal tax charges by the Republic of Italy. Mr. Kenney has represented a number of witnesses in hearings and investigations by the committees of US House of Representatives and US Senate.

Mr. Kenney has served as the Chair of the  American College of Trial Lawyers Committee on the Federal Rules of Evidence and is currently a member of the Committee on the Federal Rules of Criminal Procedure. He is formerly a member of the New York Departmental Disciplinary Committee, Appellate Division, First Department. He is a former member of the Executive Committee of the New York State Bar Association, formerly President of the Federal Bar Council and President of the New York County Lawyers’ Association, and he is the former Chair of the Committee on Criminal Law of the Association of the Bar of the City of New York.

Mr. Kenney is listed in Best Lawyers in America (Business Litigation, Corporate Governance, Compliance Law, and Criminal Defense/White Collar Crime) and Super Lawyers in New York. He is a published author on legal topics.

Mr. Kenney is active in various charitable and educational institutions. He is a Director of the Fordham Law School Alumni Association and a Director of the American Association for the International Commission of Jurists, Inc. He is a Trustee of Bennington College, Vermont, a Director and Chairman of the Board of the Poetry Foundation, Chicago, Illinois and a past Trustee of Historic Deerfield, Inc., in Deerfield, Massachusetts. He received his B.A. from St. Michael’s College in 1966 and his J.D. from Fordham University Law School in 1969.

Education

St. Michael’s College (B.A. 1966)
Fordham University Law School (J.D. 1969)

Public Service &
Professional Activities

  • Bennington College, Vermont, Trustee
  • Poetry Foundation, Chicago, Chairman of the Board
  • American Association for the International Commission of Jurists, Inc, Director
  • American College of Trial Lawyers, Fellow
  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association
  • New York Metro Super Lawyers- Business Litigation, Criminal Defense: White Collar (2006-2015)
download (1)

Related News & Articles

Nine Hoguet Newman Regal & Kenney Lawyers Selected to 2016 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that nine of the firm’s attorneys were selected for 2016 New York Metro Super Lawyers® lists.  Partners Laura B. Hoguet, Dorothea W. Regal, John J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2016 New York Metro Super Lawyers® Magazine.  Ms. Hoguet and Mr. Kenney have been recognized in the area of Business Litigation.  Ms. Regal has been recognized in the area of Insurance Coverage.  Mr. Reice has been recognized in the area of Employment & Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Joshua Blosveren, Andrew N. Bourne, Damian R. Cavaleri and Helene R. Hechtkopf, and counsel Marc Aaron Melzer, were named to the 2016 New York Metro Rising Stars list by Super Lawyers® Magazine.  Mr. Blosveren and Mr. Bourne have been recognized in the area of Insurance Coverage.  Mr. Cavaleri has been recognized in the area of Business Litigation.  Ms. Hechtkopf has been recognized in the area of General Litigation.  Mr. Melzer has been recognized in the area of Intellectual Property Litigation.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Eight Hoguet Newman Regal & Kenney Lawyers Selected to 2015 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that eight of the firm’s attorneys were selected for 2015 New York Metro Super Lawyers® lists.  Partners Laura B. HoguetDorothea W. RegalJohn J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2015 New York Metro Super Lawyers® Magazine.  Ms. Hoguet has been recognized in the areas of Business Litigation and Employment and Labor.  Ms. Regal has been recognized in the areas of Insurance Coverage and Business Litigation.  Mr. Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar.  Mr. Reice has been recognized in the area of Employment and Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Andrew N. Bourne and Helene R. Hechtkopf, and associates Marc Aaron Melzer and Damian R. Cavaleri, were named to the 2015 New York Metro Rising Stars list by Super Lawyers® Magazine.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Laura Hoguet, Dorothea Regal, John Kenney, Juan Skirrow, Marc Melzer, and Helene Hechtkopf named New York Superlawyers

Laura Hoguet, Dorothea Regal and John Kenney have been named as Superlawyers in this year’s New York Metro Super Lawyers Magazine. Laura Hoguet has been recognized in the areas of Business Litigation and Employment & Labor. John Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar. Dorothea Regal has been recognized in the areas of Insurance Coverage and Business Litigation. Juan Skirrow, Marc Melzer, and Helene Hechtkopf have been named “rising stars”. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

DOJ and SEC Issue Guidance on Their FCPA Enforcement Approach

Lorem ipsum dolor sit amet.

Laura Hoguet, John Kenney, and Marc Melzer Recognized by Super Lawyers

For the sixth year in a row, Laura Hoguet and John Kenney have been named Super Lawyers in the New York metro region. Laura Hoguet has been recognized in the practice areas of Business Litigation and Employment & Labor, John Kenney in the areas of Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. In addition, Marc Melzer has been named a Rising Star, which recognizes the best up-and-coming attorneys in each state, in the areas of Business Litigation and Intellectual Property.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Hoguet Newman Regal & Kenney Wins Dismissal on Behalf of Mutual Fund Directors

On March 9, 2012, Justice Charles Ramos granted Hoguet Newman Regal & Kenney’s motion to dismiss charges brought against two former independent directors of a mutual fund.  In 2006, upon news that the principals of the fund’s investment advisor had been indicted for securities fraud and other offenses, the firm’s clients presided over the transition of the fund to a new investment advisor, and its merger and reorganization into a new family of funds.  The court’s opinion, which granted the independent directors’ and the new fund’s respective motions to dismiss, and denied plaintiffs’ cross-motion for a default judgment, provides a useful overview of the legal relationships between the directors of a mutual fund, its financial advisor and the fund’s shareholders, as provided under the Investment Company Act of 1940 and the common law.  John Kenney, Julia Peck, Kathleen Lowden, and Jules Cattie worked on the matter.

Hoguet Newman Regal & Kenney Attorneys Obtain Favorable Sentencing Ruling for Client in Federal Securities Fraud Trial

Hoguet, Newman, Regal & Kenney, LLP attorneys recently represented the former Chief Financial Officer of a pharmaceutical company in a 10 week federal securities fraud trial and subsequent sentencing proceedings in the Southern District of New York.  Despite the jury’s finding that securities fraud violations had occurred, the firm successfully argued at a Fatico hearing that the victim suffered no loss, resulting in the firm’s client receiving a sentence of time-served (no prison).  U.S. v. Cuti and Tennant, 08 Cr. 972 (SDNY 2011).  The government had recommended a sentence of 60 months and argued that the defendant was eligible for 168 to 210 months under the sentencing guidelines.

The decision has been widely discussed in various legal and business forums.  See, e.g., Law-360, The Increasing Importance of Loss Causation Analysis (October 2011); also reproduced in part on Harvard Law School’s Forum on Corporate Governance and Financial Regulation, at  http://blogs.law.harvard.edu/corpgov/2011/12/08/the-increasing-importance-of-loss-causation-analysis/ 

The Hoguet Newman team was comprised of John J. Kenney, Tai-Heng Cheng, Caitlin Bush and Damian Cavaleri.

Laura Hoguet, John Kenney Named New York Superlawyers for Fifth Year

For five years running, both Laura Hoguet and John Kenney have been named as Superlawyers in the New York Metro area. Laura Hoguet has been recognized in two areas, Business Litigation and Employment & Labor. John Kenney has been recognized in three, Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.