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McKay, Ken

Ken McKay - Austin, TX

Attorney at McKay Law

Business & Commercial Lawyers in Austin, TX

108 Wild Basin Rd S Suite 250 Austin, TX 78746

Austin Business & Commercial Lawyer

Updated: 07/22/2026

Areas of Practice

  • Business & Commercial
  • Eminent Domain
  • Complex real estate and construction matters

Attorney Information

Overview

Ken has experience in a wide range of litigation areas. He concentrates on commercial, energy and real estate litigation, with a particular focus on eminent domain, land use and construction matters throughout the United States. Ken has extensive trial experience having first-chaired numerous jury trial victories in addition to successful arbitration proceedings and class actions in multiple states and is considered a skilled, versatile trial lawyer.

His eminent domain practice encompasses all aspects of condemnation law and right-of-way matters, including regulatory takings and inverse condemnation claims. Ken regularly represents pipeline owners and operators, telecommunications providers, utilities and other common carriers, as well as select commercial and residential developers and landowners in condemnation cases, pre-condemnation counseling and infrastructure permitting.

His experience also includes defense of clients in high-profile lender liability and products liability trials, as well as in multi-district litigation, in addition to commercial and industrial disputes of all types.


Awards and Honors

Honors

  • Listed in The Best Lawyers in America® in Commercial Litigation (2021-2025)
  • Named a Houston Top Lawyer by H Texas Magazine in Business Litigation, Civil Litigation, Commercial Litigation, Oil and Gas (2016, 2017)

Education

Legal Education

  • Vanderbilt University Law School, Nashville, Tennessee, 1988
    J.D.
    Law Review: Vanderbilt Law Review, Assistant Articles Editor

Non Legal Education

  • University of Mississippi, Oxford, Mississippi, 1985
    B.S.
    Honors: Mortar Board
    Honors: Omicron Delta Kappa
    Honors: Phi Kappa Phi
    Honors: Student Body President’s Cabinet
    Major: Accounting

Current Employment Position(s)

  • Partner

Languages

  • English
  • Spanish

Classes and Seminars

  • ”In-House Counsel Communications: Protecting Attorney-Client Privilege and Work Product with Employee Statements”, Strafford webinar (November 2021, July 2023, August 2024)
  • “Protecting the Attorney-Client Privilege and the Attorney Work Product Doctrine in Investigations and Audits”, Strafford webinar (June 2023)
  • "In-House Counsel and Protecting Attorney-Client Privilege in Investigations and Litigation," Strafford webinar (February 2021, June 2021, February 2022)
  • "Privilege at Risk in Investigations and Audits," Strafford webinar (March 2020)
  • "Hospital Payments for Motor Vehicle Injury Cases," Health Law Section, Houston Bar Association (March 2020)
  • "Audit Response Letters and Disclosures: In-House Counsel's Role in Balancing Auditor Demands and Company Privileges," Strafford webinar (April 2019)
  • "Baker Donelson Compliance Symposium" (November 2017)
  • "Roundtable: The Contract Conundrum," MIDSTREAM Texas conference (September 2016)
  • Approved Instructor - Texas Real Estate Commission MCE Courses

Pro Bono Activities

  • Fellow - Texas Bar Foundation

Published Works

Articles

  • "Sabine Ruling: What Pipeline Companies Can Do To Protect Their Contracts," Pipeline & Gas Journal, Vol. 243, No. 11 (November 2016)
  • "Recent Developments in Texas Eminent Domain Law Pertinent to Oil & Gas Entities," Oil, Gas & Energy Resources Law Section of the State Bar of Texas, Section Report (Winter 2015)
  • "Recent Developments and Common Applications," In-House Counsel and Attorney-Client Privilege, Strafford (December 2014)
  • "Eminent Domain Law Pertinent to Oil & Gas Entities," Advanced Oil, Gas & Energy Resources Law Course (October 2014)
  • "Recent Developments and Common Applications," In-House Counsel and Attorney-Client Privilege, Strafford (June 2013)
  • "Calculating Damages and Just Compensation," Eminent Domain From Start to Finish, National Business Institute (May 2013)
  • Co-author - "Meeting 2012 Year-End Deadline to Preserve Power of Eminent Domain in Texas," Lexology, Law360 (October 2012)
  • "The Denbury Decision: What it Says, What it Doesn't Say & What People Say it Says," University of Texas Gas and Power Institute, cited in LSU Journal of Energy Law and Resources, Vol. 2, Issue 2, p. 332 (Spring 2014) and in Texas Journal of Oil, Gas, and Energy Law, Vol. 8, No. 1, pp. 190-92 (September 2012) (August 2012)
  • "Recent Developments and Common Applications," In-House Counsel and Attorney-Client Privilege, Strafford (July 2012)
  • "Calculating Damages and Just Compensation: Legal Insights," Eminent Domain From Start to Finish, National Business Institute (May 2015)
  • "Recent Developments and Common Applications in the Business Advice vs. Legal Advice Dichotomy," In-House Counsel and Attorney-Client Privilege, Strafford (August 2011)

Bar Admissions

  • Texas, 1988
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Southern District of Texas

Other Affiliations

  • Houston Bar Association (Member, Litigation Section, Continuing Legal Education Committee, Speakers Bureau (HBA-CLE Distinguished Faculty))
  • State Bar of Texas (Member)
  • American Bar Association, Medical Device Litigation Committee (Member, Section of Litigation, Construction Litigation Committee)
  • Texas Association of Defense Counsel (Member)
  • Defense Research Institute, Product Liability Committee (Member)
  • Defense Research Institute, Medical Device Litigation Committee (Member)
  • Defense Research Institute (DRI) (Member, Insurance Law Committee)
  • Houston Young Lawyers Association (Member)
  • Texas Young Lawyers Association (Member)
  • Member - International Right of Way Association
  • Member - Rocky Mountain Mineral Law Institute

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Austin, TX

108 Wild Basin Rd S
Suite 250
Austin, TX 78746

Directions

Phone Number: 832-940-7151

Email: Send a message

Website: https://www.avvo.com/attorneys/77002-tx-kenneth-mckay-183199.html

  • Credit Cards Accepted
  • Virtual Appointments

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