Kevin Bedell has many years of varied litigation experience. Kevin has successfully tried significant cases in state, federal, and administrative courts, before both juries and judges sitting alone. He is sought out to handle complicated and difficult matters. He strives to keep litigation focused on the client's ultimate objective. His practice focuses on complex commercial litigation, including internet and domain name issues, intellectual property, technology, franchise, employment, banking, white-collar crime, and antitrust.
Areas of Concentration
· Complex Commercial Litigation
· Intellectual Property Litigation
· Employment Litigation
Significant Representations
· Obtained judgment in favor of famous international retailer in the trial of a ground-breaking in rem "cybersquatting" suit against 60 internet domain names registered by a South American former affiliate purporting to have rights in the names registered. The case was named one of the 10 most important litigated patent, trademark or copyright cases within the past 5 years (Legal Times, 2002).
· Defended quasi-governmental workers compensation insurer against civil class-action claim of violating the Maryland Wiretap Act by recording telephone calls without obtaining the prior consent of callers.
· Defended on-line news service against claims of trademark infringement and unfair competition under the Lanham Act, achieving summary judgment rejecting all plaintiff's claims.
· Defended technology company against multi-million dollar claims for breach of contract, fraud, conspiracy, false advertising, and violation of the Fair Labor Standards Act brought by former employee.
· Obtained summary judgment for telemarketing company in breach of contract action seeking to shift liability for violations of the Telephone Consumer Protection Act.
· Represented human resources consultant against allegations of involvement in company officials' fraudulent scheme.
· Represent medical transcription company in dispute with principals of an acquired company involving allegations of breach of contract, unfair competition, violation of restrictive covenants, and unauthorized use of software.
· Represented foreign manufacturers of ferrosilicon and silicon metal products in antidumping duty litigations, including first-impression litigations to remove duty orders obtained by domestic producers subsequently found to have engage in price-fixing.
· Obtained dismissal of claims against foreign corporation and foreign sovereign for alleged misappropriation of business and trade secrets.
· Represented Canadian respondent manufacturer in patent-based Section 337 proceeding before the U.S. International Trade Commission initiated by Japanese manufacturer concerning personal watercraft design and technology patents.
· Defended developer and manufacturer of voice-over-internet-protocol and other computer connection technology against patent infringement claims by industry leader.
· Obtain first-ever decision on behalf of management level employee finding federal agency liable for retaliation in administrative adjudication before the U.S. Equal Employment Opportunity Commission.
· Defend multinational software company against claims by former employee for allegedly unpaid commissions and for violation of wage payment laws.
· Obtained judgment for employee against former employer in defamation trial based on former employer's false statements regarding employee's departure from job.
· Obtain judgment of no liability for large regional bank on national bank's claims under the UCC for repayment of large-dollar fraudulent check drawn against national bank customer's account and deposited at regional bank.
· Represent defrauded investors bringing direct and derivative claims against management and no-show employees.
· Defend foreign manufacturer against multi-million dollar defective products claim.
· Represented real-estate partnerships in claims against former management company for failing to return rental property operating funds upon termination of management relationship, and against attorney for management company for receiving misappropriated funds.
· Defended national association against breach of contract claims arising out of failed efforts to develop association's internet site.
· Represented national association prosecuting claims of trademark infringement by a political action committee's acronym.
· Defended manufacturer in action brought by former distributors alleging improper termination and other violations of franchise and unfair trade practices laws, defeating plaintiffs' application for a temporary injunction in seven day evidentiary hearing.
· Represented former owner of dry-cleaning store in environmental litigation arising from contamination of a shopping center.
· Counsel for regional railroad in antitrust litigation involving access to facilities and markets in congested terminal area.
· Assisted in trial of a complex personal injury suit resulting in a $1.56 million jury verdict. Drafted successful trial brief.
Reported Decisions
- Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214, 53 Fed.R.Serv.3d 955, 64 U.S.P.Q.2d 1225 (4th Cir. 2002); 157 F.Supp.2d 658, 60 U.S.P.Q.2d 1145 (E.D.Va., 2001); 110 F.Supp. 2d 420, 56 U.S.P.Q. 2d 1048 (E.D.VA 2001).
- Wade v. Foreign Mission Board, 21 Va. Cir. 309, 1990 WL 751305 (1990).
- Fudali v. Pivotal Corp., 310 F.Supp.2d, 9 Wage & Hour Cas.2d (BNA) 1115 (D.D.C. Feb 26, 2004)
- Toshiba Mach. Co., America v. SPM Flow Control, Inc., 180 S.W.3d 761, 2005 WL 1293598(Tex.App.-Fort Worth Nov. 10, 2005).
- Schmerling v. Injured Workers' Ins. Fund, 368 Md. 434, 795 A.2d 715, 18 IER Cases 873 (Md. 2002); 139 Md.App. 470, 776 A.2d 80 (Md. Ct. Spec. App. 2001).
- Elkem metals Co. v. U.S., 276 F.Supp.2d 1296 (Ct. Int'l Tr. 2003); 193 F.Supp.2d 1314, 24 ITRD 1249 (Ct. Int'l Tr. 2002); 135 F.Supp.2d 1324, 23 ITRD 1175, (Ct. Int'l Tr. 2001).
- American Silicon Technologies v. U.S., 261 F.3d 1371, 23 ITRD 1394 (Fed.Cir. 2001); 24 C.I.T. 612, 110 F.Supp.2d 992 (Ct. Int'l Tr. 2000).
- BPA Intern., Inc. v. Kingdom of Sweden, 281 F.Supp.2d 73 (D.D.C. 2003); 2004 WL 1124937 (D.C.Cir. May 19, 2004).
- Shenandoah Associates Ltd. Partnership v. Tirana, 182 F.Supp.2d 14 (D.D.C. 2001).
- Combined Properties/Greenbriar Ltd. Partnership v. Morrow, 58 F.Supp.2d 675, 49 ERC 1365, 29 Envtl. L. Rep. 21,477 (E.D.Va. 1999).
Articles, Publications, & Lectures
Books
· "Toxic Torts and the Courtroom of the Future," For the Defense, Vol. 41, No. 5, May, 1999 (co-authored with Mark L. Austrian)