James W. Kennedy

A 1984 graduate, cum laude, of the St. John’s University School of Law and former Law Secretary to the Honorable Bernard S. Meyer, then Senior Associate Judge of the Court of Appeals of the State of New York, Jim has succeeded at every level of his evolving career. The following narrative contains highlights of Jim’s nearly 40 year career.

Beginning as a Big Firm litigation associate during the take-over wars of the mid to late 1980s, Jim excelled in a high pressure team environment in which no stone was left unturned. As a senior associate at a mid-size IP and commercial law firm, he coordinated the work of two dozen lawyers from three firms in defending a Japanese camera maker against nine-figure IP claims and presented, during a lengthy federal court jury trial, the company's successful defense of a trade secrets claim.

Jim moved with his litigation colleagues to Paul Hastings in 1992. During 12 years as a partner there, he obtained an eight-figure settlement for a New York commercial landlord alleging breach of lease claims against an international bank; handled a bevy of IP disputes involving entertainment companies and manufacturers; persuaded an international arbitration panel to issue an expansive injunction against an iconic fashion design house; and preserved, via a settlement on the eve of trial, the franchise rights of a leading Thai fast food operator.

After forming his first litigation boutique firm in 2004, Jim won a California state court bench trial, and then a directed verdict in a Nebraska state court jury trial, worth $100 million dollars, each, defeating a Berkshire Hathaway affiliate and majority owner of a Philippine hydro-electric power plant and irrigation facility. He also obtained a $20 million settlement for his client in a pre-recession mortgage-backed securities dispute litigated in a New York federal court.

After he co-founded Kennedy Berg LLP in May 2011, Jim won a post-hearing international arbitration award denying delay damages claims in connection with the construction of a defense facility in Germany and a post-hearing domestic arbitration award arising from HVAC design and installation defects in a five-story Manhattan townhouse. He teamed with his partner in obtaining a judgment, after a Bench trial, piercing the corporate veil of several corporations and used interlocutory appeals to substantially curtail the scope of an upcoming jury trial over a stock redemption program in a closely held, family-owned company.

Pro Bono

Jim represents and is a former executive Board member of Gina Gibney Dance, Inc., a not-for-profit company that provides space for dance, curates dance performances and supports survivors of domestic violence.

Educational

Jim lectures twice annually on intellectual property law at Columbia University’s Master of Science and Technology program.