John J Kenney

Hoguet Newman Regal & Kenney, LLP

New York www.hnrklaw.com

jkenney@hnrklaw.com Tel: +1 212 689 8808

Biography

John focuses his practice on complex civil litigation, government investigations, business crimes, and corporate compliance. He has tried over 75 cases in 16 different states and various federal courts, mainly in front of juries, and has argued numerous state and federal appeals, including in four different federal circuits. He previously served as an Assistant U.S. Attorney in the Southern District of New York for nine years, including three years as the Executive Assistant U.S. Attorney.

How has the market changed since you first started practising?

When I left the Southern District of New York in 1980, there were very few former Assistant U.S. Attorneys at large law firms, and there was no real conception of white collar as a distinct practice area. I was classified at the time as a general litigator. The growth of white-collar defence work into its own specialty has been a significant change. Over the course of the past four decades, regulators have identified a much wider range of practices that they consider criminal, and agencies have become accustomed to targeting companies, not just individuals. The result has been bigger cases and sufficient demand to sustain a specialist white-collar criminal defence bar.

What do clients look for in an effective business crime defence lawyer?

The most important thing is to avoid an indictment. If the government brings charges, defence counsel has failed. Ideally, you also avoid a fine. That’s the best case: the client walks away with no fine and no criminal conviction of any kind. If the client is an individual and the investigation seems likely to result in fines, it is crucial that counsel obtain the company’s commitment to indemnify the client.

What developments in the US should foreign practitioners be following and why?

The growing use of Chapter 15 in the Bankruptcy Code is worth watching. That provision was added in 2005, but in 2020 there were 236 cases, a new record. The Chapter gives foreign representatives access to U.S. bankruptcy courts where a foreign insolvency proceeding is ongoing. That can be very useful where assets were fraudulently transferred to the U.S. You can initiate a parallel bankruptcy proceeding in the U.S. and get a U.S. lawyer appointed as trustee. The trustee then has subpoena power to go pursue the money wherever it is located within the U.S. By design, the process is highly accommodating to foreign courts: the statute instructs the U.S. bankruptcy court to cooperate “to the maximum extent possible” with foreign courts and representatives.

Are you noticing an uptick in certain areas of fraud? Why might this be?

SPACs and the cryptocurrency sector are two areas I have been following. Both SPACs and crypto rose to unprecedented prominence in 2021 and experienced remarkable crashes in 2022. Rapid boom and bust trajectories tend to inspire questions about fraud, and there is no doubt that regulators at the Securities and Exchange Commission and Commodities Futures Trading Commission are taking a close look. It would not surprise me to see major investigations in both these areas.

How have the challenges brought on by covid-19 impacted your practice?

For the firm more broadly, we have seen a particular uptick in employment and insurance cases, which have long been areas of particular strength. In the employment context, disputes have arisen from the shift to remote work and from controversies around vaccine mandates. The growth in insurance cases was driven by business interruption claims. As our client base expanded in those areas, some clients also brought with them government enforcement matters, which is where my practice has seen an impact.

How does Hoguet Newman Regal & Kenney distinguish itself from the competition?

Our most distinctive features are our flexibility and commitment to collaboration. We remain small by design, preserving a model that demands the highest standards, personal attention, and a focus on efficiency. We know what our colleagues are working on, and we routinely call on each other to assist. Our lawyers bring decades of training at government agencies and leading Am Law 100 law firms, so our clients can confidently trust us with their highest-stakes matters.

What is the best piece of advice you have ever received?

“Don’t call, don’t write.” If a client has been under investigation in a criminal case, and it goes quiet, your first instinct may be to reach out to DOJ for an update. Resist that urge. Some investigations end in silence, and that is a good outcome.

WWL says: The “excellent” John Kenney is one of the most seasoned and knowledgeable whitecollar litigators in New York, with more than 50 years of trial experience.