Kevin’s notable representations have included:
- Credit Suisse AG and its affiliates: Kevin has represented Credit Suisse AG and various affiliates in litigation relating to syndicated loans that were made to real estate developers, including:
- Gibson v. Credit Suisse AG: Recently secured the dismissal of a $24 billion lawsuit brought by homeowners in luxury real estate developments in the U.S. and the Bahamas. Kevin shared primary responsibility for the summary judgment briefing. The Weil team had previously defeated class certification and obtained dismissal of plaintiffs’ RICO claims.
- Blixseth v. Credit Suisse: Obtained summary judgment dismissing claims brought by a real estate developer in federal court in Colorado. Kevin had primary responsibility for the summary judgment briefing. The Weil team had previously dismissed the majority of plaintiff’s claims on a motion to dismiss.
- Credit Suisse Loan Funding LLC v. Highland Crusader Offshore Partners, L.P: Obtained a $77 million judgment on summary judgment arising from trades that an investor in several of the loans failed to settle. Kevin had primary responsibility for the summary judgment briefing.
- WL Ross & Co. LLC: Kevin has represented WL Ross & Co. LLC and various affiliates in a variety of litigation, including:
- Storper v. Invesco, Ltd, et al.: Representing WL Ross and various affiliates in litigation in New York Supreme Court against a former senior executive, including claims for allegedly unpaid carried interest.
- Parker v. AHMSI Insurance Agency Inc., et al.: Representing WL Ross and affiliated investment funds against allegations of wrongful placement of lender placed insurance (LPI).
- In Re Ocwen Derivative Litigation: Representing investment funds affiliated with WL Ross against derivative claims arising from a stock repurchase.
- Digjam Ltd. v. WL Ross: Obtained a complete dismissal, on forum non conveniens grounds, of a complaint brought against WL Ross arising out of an acquisition of a business in India, which was subsequently affirmed on appeal by the Second Circuit Court of Appeals. Kevin had primary responsibility for briefing at the district court and Second Circuit.
- Port Authority of New York & New Jersey: Kevin represented the Port Authority of New York & New Jersey in a variety of litigation brought by Maher Terminals, the Port’s largest marine terminal operator, including an eight-year litigation before the Federal Maritime Commission (FMC), in which Maher sought nearly $500 million in reparations and injunctive relief. After years of litigation, including a complete dismissal of the Complainant’s claims by the FMC, the case settled on favorable terms to the Port Authority. Kevin played a leading role in the extensive discovery that was conducted, and shared primary responsibility for the Port Authority’s 6,000+ page submission to the Administrative Law Judge.
- Lehman Brothers Holdings Inc.: Kevin has represented the Lehman Brothers estate in a variety of litigation, including:
- Canary Wharf: Kevin represented Lehman Brothers against claims filed by Canary Wharf, seeking over $750 million. After discovery and summary judgment briefing, the case settled on favorable terms. Kevin played a leading role in discovery and briefing.
- U.S. Financial Institution: Kevin represented Lehman Brothers in challenging a U.S. Financial Institution’s seizure of $500 million of deposited collateral shortly before Lehman Brothers’ bankruptcy. Kevin was responsible for taking and defending depositions, shared primary responsibility for pre-and-post trial briefing, and played an active role at trial. After trial and post-trial briefing, the bankruptcy court ruled in favor of Lehman Brothers and ordered the other entity to return $595 million (including 9% interest).
- UnitedHealth Group: Kevin has represented UnitedHealth Group and its affiliates in litigation brought both by insurance subscribers as well as medical providers. These include litigation alleging a conspiracy involving UnitedHealth Group and its affiliate Ingenix to under-reimburse benefit plan participants by using the PHCS database. In 2011, Kevin helped obtain a complete dismissal for UnitedHealth Group and several of its affiliates in one of the first cases brought under the newly enacted New York State False Claims Act, seeking hundreds of millions of dollars that the defendants had allegedly withheld from New York State.
- ExxonMobil Corporation: Kevin represented ExxonMobil Corporation in In re: Motor Fuel Temperature Sales Practices, a multi-district litigation involving more than 30 putative class actions alleging fraud in the retail sale of motor fuel. Plaintiffs alleged that the size or cost of a gallon of motor fuel should have been adjusted to account for the effects of temperature. Following years of discovery and motion practice, the case settled on favorable terms to the client.
Kevin also has an active pro bono practice. Most recently, Kevin represented a federal inmate who had been sentenced as a career offender under the then-mandatory sentencing guidelines, on claims that her trial attorney rendered ineffective assistance of counsel. The Weil team was successful in obtaining her release from custody years before her scheduled release date. Kevin is currently representing an asylum applicant whose application was denied due to the material support provision of the terrorism bar under the immigration laws on her appeal to the Second Circuit, as well as a military veteran who was sued for defamation for posts that appeared on an internet website relating to her co-op. Kevin has also represented pro bono the National 9/11 Memorial & Museum, New York Lawyers for the Public Interest, the Lower Manhattan Development Corporation, and has participated in the New York Volunteer Appellate Defender program.
Kevin joined the Firm in 2005, following a clerkship with the Honorable Charles L. Brieant of the U.S. District Court for the Southern District of New York. He is a member of the Firm’s Professional Development Committee.