Michael E. Kenneally

Michael regularly defends clients in class action litigation, especially in employment and securities disputes. He has particular experience with lawsuits under the Employee Retirement Income Security Act of 1974 (ERISA), frequently giving presentations on the US Supreme Court’s ERISA docket, and with litigation over the enforceability of arbitration agreements and arbitration awards under the Federal Arbitration Act (FAA).

Michael also represents companies in litigation connected to administrative agency proceedings, including appeals from rulings by such agencies as the National Labor Relations Board (NLRB), the US Department of Labor (DOL), and the US Nuclear Regulatory Commission (NRC). And he helps businesses develop creative strategies to challenge unlawful agency regulations and administrative procedures.

A seasoned oral advocate, Michael is trusted by Fortune 500 companies, trade associations, and others to argue critical motions and appeals. Michael is equally dedicated to the craft of legal writing and regularly authors amicus curiae briefs on issues of concern to the business community as well as pro bono clients. His advocacy has earned national recognition from Law360 and The Am Law Litigation Daily.

Beyond his legal practice, Michael co-teaches a course on statutory interpretation at the Catholic University of America Columbus School of Law and has published articles on topics in copyright law. Intellectual property issues have been a fixture of Michael’s academic writing, including in his Ph.D. dissertation at Harvard University.

• Secured unanimous 9-0 affirmance resolving a circuit split on an issue of federal appellate procedure (US Supreme Court)
• Secured affirmance of the dismissal of a putative class action asserting that an ERISA pension plan paid excessive administrative fees (Second Circuit)
• Secured affirmance of an order granting a defendant’s motion to compel arbitration and dismissing a putative consumer class action (Second Circuit)
• Secured affirmance of the dismissal of a putative class action under the Sherman Act and Commodity Exchange Act alleging benchmark price manipulation (Second Circuit)
• Secured affirmance of the dismissal of Sherman Act conspiracy and Section 1981 reverse discrimination claims (Third Circuit)
• Secured affirmance of the dismissal of a putative class action alleging age discrimination in housing advertising (Fourth Circuit)
• Secured vacatur of NLRB decision directing employer to delete constitutionally protected social media post (Fifth Circuit en banc)
• Secured reversal of NLRB decision holding that employer uniform requirements are presumptively unlawful (Fifth Circuit)
• Secured reversal of a trial court decision upholding a labor arbitration award that exceeded the arbitrator’s authority and contravened the parties’ collective bargaining agreement (Fifth Circuit)
• Secured dismissal of a challenge to the denial of class certification in an action alleging securities fraud (Sixth Circuit)
• Secured affirmance of the dismissal of a putative class action asserting ERISA stock-drop claims (Seventh Circuit)
• Secured affirmance of the dismissal of putative class wage-and-hour claims after certification of the question to the state supreme court (Ninth Circuit and Oregon Supreme Court)
• Secured affirmance of NRC decision granting nuclear power plant operator an exemption from the agency’s usual schedule requirements under the APA’s timely renewal doctrine (Ninth Circuit)
• Secured reversal of an NLRB unfair labor practice ruling that misconstrued labor law’s work-preservation defense (Ninth Circuit)
• Secured reversal of a judgment in plaintiffs’ favor about home healthcare workers’ overtime eligibility under state wage-and-hour laws (Tenth Circuit)
• Secured affirmance of a denial of class certification and dismissal of products liability litigation (Eleventh Circuit)
• Secured affirmance of the dismissal of a putative class action on preclusion grounds under the Securities Litigation Uniform Standards Act (Eleventh Circuit)
• Secured affirmance of the dismissal of a whistleblower retaliation complaint under the Sarbanes-Oxley Act (DC Circuit)
• Secured dismissal, while representing an amicus curiae, of a challenge to a Consumer Product Safety Commission regulation by raising a defect in appellate jurisdiction (DC Circuit)