Kevin F. Berry

Kevin F. Berry

Kevin F. Berry practices in the area of commercial litigation. Mr. Berry represents financial institutions, insurance, reinsurance and banking entities, and corporations in commercial matters. He has particular experience in turnaround and workout work for troubled financial service companies. He has tried over 150 civil jury trials to verdict. He has a deep background in workout issues for troubled banks and financial institutions as well as extensive experience in the insurance and reinsurance industries.

Admitted to practice in Pennsylvania and New Jersey, Mr. Berry is a 1979 cum laude graduate of Suffolk University Law School, where he was case comment editor of the Suffolk University Law Review, and a graduate of Columbia University.

Areas of Practice

· Commercial Litigation

Representative Matters

· Collected $1.6 billion in disputed reinsurance claims on behalf of a domestic carrier for losses stemming from the World Trade Center attack on September 11, 2001.

· Defended an insurance company in a $150 million commercial claim involving an insurance product used to support the financing of independent motion pictures.

· Secured a $10.2 million verdict against a municipality for civil rights violations on behalf of a real estate developer.

· Secured a $1.9 million verdict on behalf of a product designer against a Fortune 50 company for breach of an oral contract.

· Secured a $1 million verdict on behalf of a franchisee in a dispute with the franchisor and another franchisee involving breach of contract, fraud and breach of fiduciary duties

· Secured a $500,000 verdict against a Fortune 50 company on behalf of a local heavy equipment distributor.

· Assisted in the workout of a $100 million loan portfolio, including the collection of over $36 million in loan losses at a cost of 4 cents per dollar.

· Defended banks and financial creditors in lender liability cases involving environmental damage claims and clean up claims asserted under CERCLA and state environmental statutes.

· Evaluated environmental claim exposure (clean-up and damage claim exposure) in insurance and reinsurance coverage settings.

· Defended clients in more than eighty matters involving product liability, premise liability, contract disputes and maritime claims.

· Closed fifteen acquisitions for a client in execution of an expansion plan that transformed the client into a regional industry leader.

Professional Activities

· American Bar Association

· Pennsylvania Bar Association

· Philadelphia Bar Association

· The Maritime Law Association

· International Bar Association

· International Association of Defense Counsel

· Fellow of Litigation Counsel of America

· Charter Member, Institute of Trial Presentation

· Barrister, Order of Centurions

· Philadelphia Commerce Court
- Judge pro tem

Experience

· Duane Morris LLP
- Partner, 2007-present

· Cozen O'Connor
- Member, 2000-2007
- National Chair, Commercial Litigation Practice Group, 2002-2006

· Ledgewood Law firm, P.C.
- Chair, Litigation Group, 1997-2000

· Berry & Martin
- Co-Founder/Managing Shareholder, 1992-1997

· Elliott, Bray & Riley
- Partner, 1991-1992

· Elliston, Inc.
- Vice President, General Counsel and Corporate Secretary, 1989-1991

· Rawle & Henderson
- Partner, 1987-1989
- Associate, 1979-1986

Board Memberships

· The Burn Foundation
- Managing Director, 2007
- Chair of Board, 2004-2006
- Vice Chair, 2003-2004
- Member since 1989

Civic and Charitable Activities

· Federal Bar Association Foundation
- General Counsel

Selected Publications

· "Determining When to Seek Identity of Anonymous Bloggers," Corporate Counsel, 2006

· "PLI Lender Liability For Environmental Cleanup Costs and Damage Claims," Paper and Presentation, 1999

· Co-Author, "Admission of Foreign Public Records and Reports Under F.R.E. 803 (8) XIX Tort & Insurance Law Journal 137, 1985

· Co-Author, "Wrongful Death Damages in Offshore Accidents," XIX The Forum 92, 983 (reprinted in "Damages Recoverable in Maritime Matters," ABA, 1984)

· Comment, "Evidence - Standard of Proof - Massachusetts Rejects Clear and Convincing Standard of Proof in Civil Commitment Proceedings," 13 Suffolk U. L. Rev. 191 (1979)

· Comment, "Constitutional Conflict Created When Election Falls on Religious Holiday," 12 Suffolk U. L. Rev. 1291 (1978)

Selected Speaking Engagements

· Speaker, "Taking Charge of the Courtroom," Renaissance Symposium, Chicago, August 14, 2009

Fellow: Litigation Counsel of America.