Kennon Poteat’s practice focuses on trial and arbitration matters. Over the course of his career, Kennon has represented Fortune 100 and Global 500 companies, Am Law 100 law firms, and corporate executives. In recent years, Kennon has played leading roles in numerous trials and hearings. Mostly recently, Kennon successfully tried, as first chair, a breach-of-contract claim in an M&A dispute in Delaware Superior Court, winning a bench trial, securing a $40.2 million judgment, and defeating every counterclaim. Kennon successfully served as lead counsel for a space-flight company that secured dismissal of all claims filed against it and won a counterclaim for breach of contract. Kennon also successfully tried, as co-lead counsel, another M&A dispute for a leading private equity company, one of its funds, and individual fund executives in a large commercial arbitration before a panel of three arbitrators. Kennon is an Adjunct Professor of Law at Georgetown University Law Center, where he teaches Trial Practice, and he has guest lectured at Harvard Law School and Harvard Business School. Kennon is actively committed to pro bono representation, having represented clients in criminal cases through the firm’s partnership with the Montgomery County, Maryland Public Defender’s Office. Kennon also is a recent past Chair of the University of Virginia Alumni Association’s Board of Managers. Kennon was born and raised in Danville, Virginia. He received a B.S. in Commerce, with a concentration in Finance, from the McIntire School of Commerce at the University of Virginia, after which he spent two years in state politics. He graduated first in his class from the University of Richmond School of Law, where he served as an editor on the Law Review. Before joining the firm in 2008, he served as Law Clerk to the Honorable Edith Brown Clement, U.S. Court of Appeals for the Fifth Circuit, in New Orleans, and the Honorable Rebecca Beach Smith, U.S. District Court for the Eastern District of Virginia, in Norfolk. Kennon lives in the District of Columbia with his wife and children. Representative ExperienceThough all cases vary and none is predictive, Kennon's experience includes:
- Won, as first chair, plaintiffs’ judgment for a breach-of-contract claim in an M&A dispute in Delaware Superior Court. The judge, in a 63-page post-trial opinion, found that the sellers breached an M&A agreement with the clients, rejected the sellers’ six counterclaims, and awarded the clients $40.2 million.
- Successfully defended, as lead counsel, certain sellers of a climate and renewables advisory business in a breach-of-contract action in Maryland state court, winning dismissal with prejudice.
- Won, as lead counsel, a defense award for space-flight company and individual company executives in JAMS arbitration initiated by former directors and current shareholders seeking tens of millions of dollars. The arbitrator found for the defense on every issue, dismissing claimants’ action with prejudice for failing to state any claims, and granting the clients’ counterclaim for breach of the arbitration agreement. The clients ultimately won their fees and costs.
- Won, as co-lead counsel, a defense award for a leading private equity firm, one of its funds, and individual fund executives in AAA arbitration and state-court litigation initiated by a municipality seeking more than $600 million in connection with the client’s acquisition of a privately held water system. After more than six years of litigation, a hearing was held before a panel of three arbitrators in Missoula, Montana, which resulted in a complete defense victory. The panel’s unanimous award exonerated the clients on every allegation of breach of contract and found the municipality liable for breaching the parties’ arbitration agreement. Post-hearing, the municipality ultimately paid the client $4.13 million as part of a global settlement.
- Won, as co-lead counsel, a plaintiffs’ judgment for a Fortune 500 international medical device manufacturer in a multimillion-dollar dispute arising out of an M&A transaction, which was tried before the Supreme Court of New York in Manhattan. The two-week trial resulted in an overwhelming victory for the client.
- Won a defense award for a major technology company in an ICC arbitration concerning the valuation of cross-licensing rights in a telecommunications patent license covering standard essential patents for cellular telephones and tablets, which was tried before a panel of three arbitrators.
- Successfully represented a major wireless communications company in multiple actions involving disputes over spectrum leases.
- Successfully represented individuals and corporations in the Eastern District of Virginia in a matter involving allegations of fraud and breach of contract arising out of the space flight industry.
- Successfully served as lead counsel for a Fortune 500 company in a JAMS mediation concerning a construction dispute involving a major hospital.
- Successfully represented a major technology company in the Northern District of Illinois in a matter involving claims of breach of a patent license agreement and indemnity.
- Successfully defended a life settlement company in the Southern District of Florida in an indemnity dispute.
- Successfully represented a global electronics manufacturer in an indemnification dispute.
- Successfully defended a large labor union in federal court in Pennsylvania against RICO claims.
- Successfully represented a multinational law firm in a AAA arbitration, seated in California, concerning a claim of legal malpractice in an M&A transaction.
- Successfully defended a global technology consulting firm in the Eastern District of Virginia against claims of breach of contract and tortious interference.
- Successfully defended a leading electric power development and operating company in federal court in the Southern District of New York and Eastern District of Virginia in a contract dispute, winning a motion to dismiss and a motion to transfer.
- Served as lead trial counsel in the pro bono defense of an individual charged with second-degree murder in Montgomery County, Maryland.
- Served as lead trial counsel in the pro bono defense of an individual charged with first degree assault, first degree burglary, and reckless endangerment in Montgomery County, Maryland.
Other Government ServiceExtern, Justice Donald W. Lemons, Supreme Court of Virginia, 2005 Legal Fellow, Governor Mark R. Warner, Office of the Governor of Virginia, 2005 |
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