Kevin F. Berry
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Phone: +1 215 979 1138
Fax: +1 215 689 1428
Email: kfberry@duanemorris.com

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

• Successfully defended commercial real estate appraisal firm in a $8 million malpractice claim.
• Obtained a decision on behalf of Industrial Technology Ventures LP granting its Rule 11 motion for sanctions against the defendants and their counsel in a shareholder dispute. The U.S. District Court for the Western District of New York determined that sanctions were warranted because a motion for sanctions previously filed by the defendants was utterly without support.
• 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
• Disciplinary Board of the Supreme Court of Pennsylvania
  - Hearing Committee Member, 2010-2013

Admissions

• Pennsylvania
• New Jersey

Education

• Suffolk University Law School, J.D., cum laude, 1979
  - Suffolk University Law School Law Review, Case Comment Editor
• Columbia University, B.A., 1976

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

Honors and Awards

• Recipient of the Roland Kandle Award for Outstanding Volunteerism from the Burn Foundation, 2011

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, "Closing-Your Best Chance to Grab the Hearts and Minds of the Jury," Litigation Counsel of America Fall Conference, Naples, Florida, October 29, 2010
• Speaker, "Taking Charge of the Courtroom," Renaissance Symposium, Chicago, August 14, 2009