Don has been practicing law since 1995 and joined Hare Wynn in 1997. Throughout his career, Don has represented plaintiffs from across the nation, including before the United States Supreme Court, and he has won several verdicts that set new legal precedents. He has published numerous articles in legal journals and law reviews, and is a frequent speaker at legal seminars and professional conferences.
Chambers & Partners have regarded Don as ‘one of the premiere False Claims Act lawyers in Southeast’ and both his clients and colleagues have praised his unique ability to provide expert counsel in complex government matters.
Don is married to his wife Stephanie and enjoys spending time on the water with her and their three children. He also enjoys serving on international mission trips, sailing, scuba diving, snow skiing and running.
Getting outside of the courtroom and giving back to those in need is important to Don, as evidenced by his extensive community involvement. He is an active member of Shades Mountain Baptist Church and regularly participates in mission trips around the United States and abroad. He is perhaps most proud of his work on the board of Restoration Academy, a Birmingham-based Christian school that provides low-income inner-city children with the tools and opportunities to be successful in high school and college.
“Practicing law allows me to live out my call to serve,” Don says.
Don is a graduate of Auburn University. He earned his law degree from the Cumberland School of Law at Samford University in Birmingham, where he was a member of the Law Review.
- Auburn University, 1992
- Cumberland School of Law, 1995
To date, Don’s work has resulted in jury verdicts and settlements totaling more than $1.8 billion. In 2012, he obtained an $8 million verdict for the family of a retired physician who was mistreated by a nursing home in Kentucky. In 2010, one of his cases, Schafer v. Bayer Cropscience, was listed among the “Top 100 Verdicts in America” by Verdict Search.
While he practices in several areas, Don has a special enthusiasm for cases that involve government fraud. He is a member of the Tax Payers Against Fraud Education Fund, a national organization of lawyers who represent whistleblowers. He was honored by that organization in 2009 as the “Whistleblower Lawyer of the Year.”
Don represented several whistle-blowers in claims brought against East Alabama Medical Center and its subsidiary Aperian Laboratory Solutions. This involved allegations that they violated the Anti-Kickback Statute and False Claims Act, resulting in a $7.6 million verdict plus statutory fees and expenses of $1.56 million.
He is currently active in the metal-on-metal hip litigation. He has spoken nationally on this topic on the televised program, “The People’s Law School.” Don was appointed to the Plaintiffs Steering Committee on the Stryker Rejuvenate – ABG II Hip Implant Products Liability National Multi-District Litigation.
- Alabama, 1995
- U.S. District Court for the Northern District of Alabama
- U.S. District Court for the Middle District of Alabama
- U.S. District Court for the Southern District of Alabama
- United States Court of Appeals 11th Circuit
- Alabama Supreme Court
In 2009, Don was honored by the Tax Payers Against Fraud Education Fund as the “Whistleblower Lawyer of the Year.” He has also been recently appointed to the Plaintiffs Steering Committee on the Stryker Rejuvenate – ABG II Hip Implant Products Liability National Multi-District Litigation. For securing amazing case results and being highly rated by past clients, Attorney McKenna was chosen to 2018 Mid-South Super Lawyers® – Class Action.
- Super Lawyers® of 2016 and 2018
- AV Preeminent® Rated by Martindale-Hubbell®
- Best Lawyers in America® “Lawyer of the Year” 2015 Mass Tort Litigation/Class Action – Plaintiffs Birmingham
- B-Metro Top Flight Attorney 2019
- Best of the Bar 2019 – Birmingham Business Journal