John H. Keneally

John Keneally’s practice focuses on corporate, commercial and real estate matters, including corporate and real estate transactions and general litigation. John has successfully represented a broad range of clients, from publicly traded Fortune 500 companies to closely-held companies and individuals with the need for sophisticated representation.

Prior to joining KCEC, John served as General Counsel to a private family office in Aspen, CO and spent over a decade practicing law in New York City where he focused on commercial litigation and providing general counsel services to small and mid-sized businesses.  

Select Representative Transactional Matters:

·        Represented numerous business owners, including contractors and restaurant owners, in connection with business acquisitions and buy-outs.

·        Represented numerous businesses, including software companies, marketing companies, in connection with drafting and negotiating service agreements and statements of work.

·        Represented numerous businesses, including not-for-profit companies, in connection with data privacy governance.

·        Represented numerous contractors and architects in connection with drafting and negotiating AIA contracts.

·        Represented numerous business and employees in connection with negotiating employment agreements, including restrictive covenant agreements.

·        Represented numerous individuals and entities in connection with purchases of commercial and residential real estate, as well as assets, including the purchase of an airplane interest.

Select Representative Litigation Matters:

• On behalf of a group of restaurant owners, obtained a temporary restraining order and preliminary injunction to preclude certain members of the ownership group from taking adverse actions against our clients concerning their business interests.
• On behalf of a real estate developer, hotel operator and its beneficial owner, successfully won dismissal of a qui tam action, filed on behalf of the State of New York, which involved the alleged failure to pay transfer taxes, plus fees and penalties, as part of our clients’ ownership interest in the development of a New York City hotel. The Supreme Court, NY County dismissed the Complaint and ruled that our clients did not own more than a 50% ownership interest, which was the threshold for transfer tax applicability. 
• On behalf of a transportation company, obtained summary judgment in a breach of contract and conversion action against two separate companies arising from various car lease agreements on the basis of plaintiffs’ spoliation of evidence.   
• On behalf of a bank, successfully won dismissal of a breach of contract and tort action, where there was no contractual privity or duty/obligation between the bank and plaintiff.
• On behalf of an LLC, successfully obtained summary judgment in connection with a secured promissory note.
• On behalf of a real estate developer, successfully negotiated the return of a substantial portion of a down-payment for real property where our client did not want to proceed with the transaction

Recognition

·        Super Lawyers New York Metro 2018 - 2023 - Rising Star - Business Litigation

·        The Best Lawyers in America 2021: Ones to Watch, Recognized for Commercial Litigation

Bar Admissions

·        Colorado

·        New York

·        U.S. District Court District of Colorado

·        US District Court Southern District of New York

·        US District Court Eastern District of New York

Education

·        J.D., Brooklyn Law School

·        B.A., Economics, University of Washington