Kevin Walsh is a partner in our New York office who has experience in commercial litigation and arbitration. He is a member of our Business Litigation team and our Reinsurance Core Group. He has substantial experience litigating a wide variety of business disputes, including securities fraud cases, class actions, antitrust and reinsurance litigation and arbitrations. Kevin has extensive trial experience in state and federal courts in New York and in arbitrations under the aegis of the American Arbitration Association, the International Chamber of Commerce and before the Iran-United States Claims Tribunal in The Hague. He has argued cases before the United States Courts of Appeal for the Second, Seventh and Eleventh Circuits and in the New York Court of Appeals (the highest court in New York).

Experience

Some of Kevin’s recent matters include: 

•  Representing a major international financial institution defendant in a class action under the Alien Tort Claims Act, asserting that companies which had done business or facilitated transactions in South Africa during the apartheid period, had violated international law by doing so (motion to dismiss pending);
• Representing reinsurers as plaintiffs against reinsurance intermediary which violated its fiduciary obligations and converted in excess of $40,000,000 of fiduciary funds (matter pending);
• Representing shareholder/creditors of a Guernsey reinsurance company in liquidation proceeding in Guernsey and in related litigation in New York and Pennsylvania;
• Representing plaintiff in a federal securities fraud action arising from sale of a private corporation to defendant, successful in obtaining summary judgment;
• Represented non US reinsurer and employees and former employees in responsding to SEC queries in context of ongoing with SEC investigation of finite reinsurance transactions;
• Represented various insurers and insurance agents/brokers in responding to inquiries of New York Attorney General in investigation of insurance commission practices and disclosures, as well as inquiries from other state regulators;
• Representing a London based reinsurer in arbitration arising from reinsurance of Canadian operations of a US ceding company; defeated ceding company’s attempt to obtain from arbitrators a pre-arbitration order of security;
• Representing the New York office of an international commercial bank in responding to effort impose liability for allegedly improper transfer of funds in violation of federal admiralty law;
• Representing business owner whose assets were expropriated by the Islamic Republic of Iran in claim which was tried before the Iran-United States Claims Tribunal, obtained judgment for plaintiff;
• Representing plaintiff, a company specializing in registration and distribution of “orphan” drug products in claim against manufacturer for breach of development/distribution agreement in arbitration under aegis of International Chamber of Commerce.

Publications

• Contributing author of “Investigation of Case and Use of Experts, Preparing for and Trying the Civil Lawsuit,” West Publishing Company, 2nd Edition (2003).
• Contributing author of “Products Liability Insurance, Law and Practice of Insurance Coverage Litigation,” West Publishing Company, annual updates (2000).
• “Demonstrative Evidence - Practical Pointers to Help Minimize Risk,” New York Law Journal (August 1999).
• Contributing author of “Insurance, Commercial Litigation in New York Courts,” West Publishing Company, annual updates (1995).

Recent Speaking Engagements

• “Dispute Management,” AIRROC (Association of Insurance & Reinsurance Run-Off
  Companies)/Cavell Commutations and Networking Event (October 2007).
• “Crittenden Reinsurance Conference,” Reinsurance Risk Transfer Practices (July 2007).
  “2007 Winter Membership Meeting (Schedule F Penalties, Implications, Problems, Solutions)”, AIRROC (Association of Insurance & Reinsurance Run-Off Companies.)
• “Potential Impact of Unfounded Pension Liabilities on Insurers and Reinsurers,” Conference of the Intermediaries and Reinsurance Underwriters Association (Fall 2006).
• “Fundamentals of Reinsurance Litigation and Arbitration,(Use of Subpoena in Reinsurance Arbitrations),” Lexis/Nexis Mealey Publications (November 2005).
• “Advanced Forum on Run-Off and Commutations, (Overcoming Claims Handling Challenges in the Run-Off Environment),” American Conference Institute (March 2005)

Practice

• Business Litigation & Arbitration
• Reinsurance

Education

• University of Virginia School of Law, J.D., 1974
• Fordham University, B.A., 1971, magna cum laude, Phi Beta Kappa

Bar Admissions

• New York, 1974

Courts

• U.S. Court of Appeals (2nd Circuit)
• U.S. Court of Appeals (7th Circuit)
• U.S. District Court, N.D. New York
• U.S. District Court, E.D. New York
• U.S. District Court, S.D. New York

Professional and Community Organizations

• Federal Bar Council
• Association of the Bar of the City of New York
• New York County Lawyers
• American Bar Association