Kevin J. Fee
Partner

kfee@kvwmail.com
(212) 418-8608

Areas of Practice
Kevin J. Fee has tried dozens of cases to verdict and litigated both within and outside New York.  He has argued appeals before the Second Circuit, New York Court of Appeals and before the First, Second and Third Departments. Besides conducting internal corporate investigations, he has represented individuals and corporations in investigations conducted by various state attorneys general, state district attorneys, the Office of the Comptroller of the Currency, the Department of Justice, the SEC, and the New York City Department of Investigation.   Kevin has represented clients in matters involving a wide variety of claims including RICO, antitrust, the False Claims Act, state consumer protection statutes, fraud, breach of fiduciary duty and breach of contract.  His corporate clients in commercial disputes have included insurers, financial institutions, hospitals, advertising agencies, publishers and manufacturers.  Kevin also represented individuals presenting problems that, more often than not, are resolved without litigation.  Ultimately, Kevin role is as a problem solver who offers innovative strategies tailored to each individual client’s needs.

 

Bar Admissions
New York
U.S. District Court, Southern, Eastern, Western, and Northern Districts of New York 
U.S. Court of Appeals, Second and Third Circuits

Legal Career
Kornstein Veisz Wexler & Pollard, LLP (1991-present)
Labor Racketeering Unit, New York County District Attorneys Office (1989-1990)
Trial Division, New York County District Attorneys Office (1984-1988)

Professional Activities and Associations
Member, Association of the Bar of the City of New York Banking Committee (2005 – 2008)
Health Law Committee (2001-2003)

Education
J.D., cum laude, Georgetown University Law Center (1984)

B.A., magna cum laude, State University of New York at Albany (1981)

Representative Cases
United States of America v. Allstate Insurance Company, et al, (W.D.N.Y. 2014).  Defended one of more a than a dozen defendants in False Claims Act case that was dismissed under Rule 11. 

Beth Israel Medical Center v. Siemens and Beth Israel Medical Center v. Verizon, (S.D.N.Y. 2014). In action to recover large overcharges, obtained settlement from third-party vendor hired to review those telecommunications invoices and the telecommunications provider. 

Vedder Software Group, Ltd, v. ISO et ano, 545 Fed.Appx. 30 (2d Cir. 2013).  Obtain dismissal – affirmed on appeal -- of complaint against insurance company alleging an antitrust conspiracy with a vendor. 

M&T Bank v. First Tennessee Bank, 13 CV 977 (W.D.N.Y. 2013). AAA award requiring adversary bank to repurchase $23 million in loans originated in violation of underwriting guidelines or tainted by fraud in the origination.  Panel also awarded $3 million in attorneys’ fees and $445,000 in discovery sanctions. 

Estate of Gertrudo R. Realuyo v. Amelia Realuyo
, (Sup. Ct. N.Y. Co. 2013).  After court granted ex parte application for TRO that stopped the sale of a $6 million co-op, defeated preliminary injunction application and won dismissal of the complaint. 

Employers Insurance Company of Wausau v. Tri-State Employment Services, Inc., (S.D.N.Y. 2012).  Representing workers compensation insurer seeking unpaid premiums, obtained settlement that included waiver of all claims that insurer failed to process claims correctly, and $5,902,403 confession of judgment. 

M&T v. Gemstone CDO VII Ltd, et al
, 78 A.D.3d 1664, 912 N.Y.S.2d 824 (4th Dep’t 2010) and 68 A.D.3d 1747, 891 N.Y.S.2d 578 (4th Dep’t 2009).  As described in client’s press release, client settled claims for $55 million stemming from purchase of $82 million in CDO note after defeating motions to dismiss complaint and winning motion to compel discovery. 

Executive Risk Indemnity, Inc. v. NPS, (Chancery Div. Morris Co. N.J. 2010).  On summary judgment obtained rescission of errors and omissions policies with an aggregate limit of $240 million and dismissal of aggregate claim for coverage of $140 million by demonstrating the application contained material misrepresentations and purposeful concealments of fact.

In re Insurance Brokerage Antitrust Litigation, 618 F.3d 300 (3d Cir. 2010).  Represented a Fortune 100 company in a nationwide antitrust and RICO class action involving dozens of defendants, over 80 million pages of documents and 200 depositions.

SEC v. General Re Corp., 10 CV 458 (LAP) (S.D.N.Y. 2010).  Represented non-party that moved to intervene in the SEC’s disgorgement of $12.2 million from a reinsurer as part of a settlement of charges that it issued fraudulent reinsurance agreements to two insurers.  While the Court held those funds in escrow, the matter was resolved in mediation on terms acceptable to our client.

Cuomo v. Liberty Mutual Insurance Company, 52 A.D.3d 378, 861 N.Y.S.2d 294 (1st Dep’t 2008).  Representing the first company to fight the coordinated efforts of various state attorneys general to ban contingent commission agreements, obtained dismissal on appeal of all common law and statutory fraud, breach of fiduciary duty and unjust enrichment claims related to such arrangements.  Thereafter, each of the attorneys general amended their prior settlement agreements with other insurers and brokers to permit contingent compensation.  

In re Robert R. Greenberg
, (Bankruptcy Co. E.D.N.Y. 2007). After the trustee negotiated a $150,000 settlement of the bankruptcy estate’s fraudulent conveyance claim against the debtor’s spouse, largest creditor objected to the settlement, purchased the right to pursue the claim on behalf of the estate, prosecuted an adversary proceeding against the debtor’s spouse, and recovered $1.35 million for the estate.

In re M. F. Bank & Company, Inc.  (D. Minn. 2005).  Reversal of a bankruptcy court’s erroneous application of both the “adverse interest” exception to a principal’s vicarious liability for the tortuous conduct of its agents and corporate liability under the apparent authority doctrine leading to a $500,000 recovery from the bankruptcy estate.

 

American Telephone Utilities Consultants, Inc. v. Beth Israel Medical Center, (Sup. Ct. N.Y. Co. 2005). After a 12 day trial, the jury returned a defense verdict in favor of the firm's client and dismissed the plaintiff's $3.2 million breach of contract claim.

Long Island College Hospital v. Harris, (D. N.J. 2003). Hired after a client received a $1 million demand from a collection attorney, Kevin uncovered the claimant's fraud, commenced a civil RICO action, invoked New Jersey's attachment statute to freeze the claimant's real property, obtained a judgment, and forced the sale of the real property in a Chapter 7 bankruptcy proceedings.

Levy v. Chubb Corp., 2002 WL 799866 (N.D. Ill. 2002). Obtained dismissal of bad faith claims by establishing that the insurer had a reasonable basis to deny the plaintiff's $4.2 million claim based upon the evidence that the property was destroyed by arson and the plaintiff's powerful financial motive for destroying the property.

Soanes v. Empire Blue Cross Blue Shield, 970 F. Supp. 230 (S.D.N.Y. 1997). Hired to defend an insurer in an action seeking to compel it to pay health insurance benefits to union members, Kevin and Dan Kornstein commenced a civil RICO impleader action resulting in a $26 million judgment in our client's favor, the trial court referring the matter to the United States Attorney, and the criminal conviction of the mastermind of the fraud. United States v. Sprei, 145 F.3d 528 (2d Cir. 1998).

Eardley v. IKEA, (Los Angeles, California 1999). Defeated class certification of a false advertising claim under California's private attorney general statute by presenting survey evidence demonstrating that an overwhelming percentage of the population knew and understood the information that the putative class representative allegedly lacked. The denial of class certification was upheld on appeal.

Klein v. Empire Blue Cross and Blue Shield, 1998 WL 336633 (S.D.N.Y. 1998). Defeated class certification seeking to determine whether high-dose chemotherapy for breast cancer was experimental by demonstrating that medical issues regarding the appropriateness of the treatment for each class member would predominate. The decision on that motion effectively ended the case.

Slutskaya v. Landau, 250 A.D.2d 594, 672 N.Y.S.2d 248 (2nd Dep’t 1998). Obtained summary judgment, affirmed on appeal, dismissing a premises liability claim against a landlord for injuries inflicted on a tenant by an intruder.

Schrotenboer v. Soloff, 74 N.Y.2d 597 (1989). The New York Court of Appeals accepted Kevin's public policy argument and held that an agreement of immunity from prosecution that was extracted by a father in exchange for his return of his children to their mother, the lawful custodian, was unenforceable.

People v. DeMatteis and Cuadrado, 186 A.D.2d 460, 589 N.Y.S.2d 153 (1st Dep't 1992). Obtained a jury verdict convicting both defendants of murder in the second degree in a contract killing which withstood a challenge on appeal under New York's accomplice corroboration rule. The principal evidence was the testimony of the people who drove the shooter to and from the murder.

 

 

 

 

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