Kevin F. Berry

Partner

Direct: 267-386-4353

Fax: 215-665-8300

Professional Overview

Kevin Berry is a commercial litigator with extensive trial experience, having tried over 175 civil jury trials to verdict. His practice focuses on the representation of financial institutions, corporations, banking, insurance and reinsurance entities. He has extensive experience in turnaround and workout work for troubled financial service companies, banks and other financial institutions as well as experience in the insurance and reinsurance industries.

Kevin was a member and a Case Comment Editor for the Suffolk University Law Review.

Representative Matters:

  • Successfully represented National Real Estate broker in collecting $500,000 of unpaid commissions in connection with the lease of a property
  • Successfully defended commercial real estate appraisal firm in a $8 million malpractice claim
  • Obtained a decision granting a 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

Recognition & Involvement:

In 2011, Kevin was the recipient of the Roland Kandle Award for Outstanding Volunteerism from the Burn Foundation. For nearly forty years, the Burn Foundation has worked to benefit the Philadelphia community by preventing fires and burn injuries, supporting regional burn centers, and advocating for burn survivors and their families.

Kevin was selected in a survey of his peers as a Pennsylvania “Super Lawyer” by Law & Politics magazine in 2004 and 2005, the inaugural years for that designation. He has always been AV® plus rated by the Martindale-Hubbell peer review rating system, and is recognized as a 2013 Top Rated Lawyer in Commercial Litigation based on his AV® Preeminent™ rating.

Education

  • Suffolk University Law School, JD, cum laude, 1979
  • Columbia University, BA, 1976

Professional Organization Memberships

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

News, Honors, Publications, & Speeches

  • Closing: Your Best Chance to Grab the Hearts and Minds of the Jury, Speaker Litigation Counsel of America Fall Conference (Naples, FL | October 29, 2010
  • Taking Charge of the Courtroom, Speaker
  • Renaissance Symposium (Chicago, IL | August 14, 2009
  • Determining When to Seek Identity of Anonymous Bloggers
    • Corporate Counsel | 2006

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