Michael E. Kenneally
Michael E. Kenneally is co-chair of the firm’s appellate litigation practice. He helps clients tackle complex legal issues on appeal and throughout all stages of a case, drawing on deep experience across many federal and state courts. Clients often turn to Michael when they face high-stakes litigation or novel questions of constitutional, statutory, and administrative law. Before joining Morgan Lewis, Michael clerked for Justice Antonin Scalia and Justice Samuel A. Alito, Jr. at the Supreme Court of the United States and for then-Judge Neil M. Gorsuch at the US Court of Appeals for the Tenth Circuit.
A seasoned oral advocate, Michael is trusted by businesses, trade associations, and others to argue critical motions and appeals. He has argued over 50 appeals while in private practice, including before the US Supreme Court, most US federal circuit courts, various state supreme courts, and multiple en banc circuit courts. Michael has been recognized for appellate litigation by Chambers USA, The Legal 500 US, and Lawdragon and called a “star litigator” by Bloomberg Law. Michael’s advocacy in particular matters has earned accolades from Law360, The Am Law Litigation Daily, and Financial Times Innovative Lawyers.
Michael regularly defends clients in class action litigation, especially in employment and business disputes. He has particular experience with the Employee Retirement Income Security Act of 1974 (ERISA), frequently giving presentations on the US Supreme Court’s ERISA docket, and with 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 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 develop creative strategies to challenge unlawful agency regulations and administrative procedures.
Beyond his legal practice, Michael has co-taught a law school seminar on statutory interpretation and 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.
