Jim Kennedy has nearly 40 years of experience as a trial lawyer, appellate advocate and legal strategist specializing in a wide range of complex commercial litigation. Jim has appeared in courts and arbitral tribunals throughout the country, has won trial verdicts aggregating more than $200 million, has successfully defended claims having a similar magnitude and has obtained settlements exceeding tens of millions of dollars. His broad experience includes disputes involving contracts, fiduciary duties, ownership rights, business divorce, fraud and other business torts, intellectual property, real estate, construction, and general commercial law.
Jim represents large and small companies, individuals (including witnesses in investigations and legal proceedings) and entrepreneurs. Aggressive yet practical, Jim focuses consistently on achieving his client’s business objectives.
Before he joined Mintz & Gold, Jim spent nearly 20 years at top-tier “Big Law” firms, including more than a decade as a partner at Paul Hastings, followed by about 20 years in boutique litigation firms that he formed. Early in his career, Jim served as a Law Secretary to the Honorable Bernard S. Meyer, then Senior Associate Judge on the Court of Appeals.
Jim serves, pro bono, as General Counsel to Gina Gibney, Inc., a Manhattan based non-profit dance and community service organization for whom he served as a Board member for about 10 years. He is also a regular guest lecturer on intellectual property issues at Columbia University.
Won a directed verdict in a Nebraska state court, worth nearly $100 million, for a Philippine-based minority shareholder, preserving his ownership rights in a Philippine hydroelectric plant.
Won a judgment, following a multi-week Bench trial in a San Francisco, California state court, for a Canadian entrepreneur and minority shareholder, preserving his ownership rights in a Philippine hydroelectric plant.
Won a favorable jury verdict following a two-week trial before the New York Supreme Court in a shareholder dispute involving a closely held family business, prevailing on an issue of a party’s legal capacity to sign a binding contract.
Successfully defended the right of an executive-level property and casualty broker to form a competing business, negotiating a favorable settlement after removing the case from state court to federal court and deposing the plaintiff’s key witnesses.
Obtained two arbitral awards, following a five-day evidentiary hearing, for seven figures in damages arising from the faulty design and installation of an HVAC system in an historic NYC townhome.
Defeated, after a three-day evidentiary hearing conducted under International Arbitration Rules, claims against a general contractor for alleged delay damages arising from the construction of an Army Command Battle Center in Germany.
Avoided potentially costly litigation by privately asserting claims against a major U.S. law firm challenging their excessive legal fees, and then negotiating a favorable settlement.
Resolved successfully on behalf of a midtown commercial property owner, a complex multi-party action involving the responsibility to maintain utility vaults located in the Grand Central railroad yard.
Won summary judgment, worth about $20 million, for the plaintiff in a New York federal district court, declaring numerous breaches of warranties and representations in mortgage-backed securitized loan pools, and then favorably settled the insurer’s damages claim.
Won a judgment, following a week-long Bench trial in a New Jersey state court, defeating claims of employee piracy and theft of trade secrets on behalf of a cable modem manufacturer.
Successfully negotiated a favorable monetary settlement, following extensive discovery, in favor of the landlord of a Park Avenue office tower who alleged that a tenant’s sale of its business constituted the unauthorized transfer of valuable lease.
Won an arbitral award, following a two-week evidentiary hearing, enjoining a major European fashion house from violating the exclusive territorial rights of its first U.S. franchisee located on Beverly Hills’ Rodeo Drive.
As part of a large trial team, played a major role in crafting and presenting to a jury, during a four-month federal court trial, a major camera company’s successful “independent development” defense to misappropriation of trade secrets claims, by which the plaintiff sought damages exceeding $100 million.
Together with his then partner, won a Bench trial in which the New York Supreme Court pieced the “corporate veil” of several entities and held their individual owners liable to pay millions of dollars in outstanding debts.
Jim is a member of the Bar of the State of New York and is admitted to practice before the United States District Courts for the Southern and Eastern Districts of New York, the United States Courts of Appeal for the Second, Third, Fifth and Ninth Circuits and for the District of Columbia Circuit, and the Supreme Court of the United States.
Jim has been recognized by Super Lawyers since 2013. He is a graduate, cum laude, of the St. John’s University School of Law, where he won various awards and served on the Board of the school’s Moot Court team. Jim received his B.A. from Rider University, where he was a Dean’s Scholar.