Kevin P. Shea

Kevin concentrates his practice in commercial litigation. He has extensive experience representing clients in a wide array of complex litigation matters with an emphasis in the areas healthcare and ERISA, securities and financial services, and real estate. Kevin also has experience handling electronic discovery issues and counseling clients regarding appropriate standards for maintaining and archiving electronic and paper documents. Additionally, Kevin has experience representing athletes in litigation matters.

His recent experience includes:

Healthcare and ERISA

Kevin represents insurers, hospitals, physician groups and other healthcare entities in a variety of disputes. Some recent examples include:

• Defending a Fortune 50 healthcare company in the defense of claims for breach of contract and misappropriation of trade secrets.
• Obtaining summary judgment in favor of a Fortune 100 company in the pharmaceutical services industry in a breach of contract and fraud suit with alleged damages in excess of $200 million.
• Representing a Fortune 100 company in the pharmaceutical services industry in multi-district insurance coverage litigation relating to multiple putative class actions filed around the country alleging breach of ERISA fiduciary duties.
• Obtaining summary judgment on behalf of a health insurer in a multi-million dollar dispute with a major healthcare system.
• Representing a physician’s group in a contractual dispute with one of its service vendors.

Securities and Financial Services

Kevin also represents corporate clients, and their officers, directors and employees in the areas of securities and financial services. Some recent examples include:

• Representing a co-underwriter of a $200 million initial public offering in a putative class action alleging securities fraud under Sections 11 and 12 of the Securities Act of 1933.
• Obtaining the dismissal of RICO, Truth in Lending Act, and California State law claims in a putative class action against an underwriter and lender arising from an alleged predatory lending scheme.
• Representing large, full-service brokerage firms in the defense of claims for unfair competition and misappropriation of trade secrets.

Construction and Real Estate Disputes

Kevin represents developers, owners, commercial landlords and lenders in a variety of construction and real estate disputes. Some of Kevin’s recent, representative experiences include: 

• Representing the owners of a multi-million dollar residence in connection with their construction defect claims against the architect, general contractor and several subcontractors. Kevin was able to obtain a favorable settlement for his client on the eve of trial.
• Representing a large commercial developer in a multi-million fee dispute with a broker.
• Representing a large homebuilder in a dispute with a developer over shared improvement costs on a joint development.
• Counseling and representing owners and secured lenders in foreclosures of residential and commercial real estate.

Other Commercial Litigation Experience

• Representing a large automaker in defense of a consumer class action relating to alleged defects in a special type of tires equipped on certain models of vehicles.
• Successfully representing an amateur athlete in an arbitration proceeding concerning eligibility for the U.S.A. Track and Field Team for the Junior Olympics in Poland. Kevin obtained an order mandating that his client be reinstated on the team. His client completed in the Junior Olympics and was the top scoring U.S. athlete in his event.
• Representing a group of law firms in connection with their $900 million fee dispute with the State of Illinois arising out of nationwide tobacco litigation. Our clients prevailed before the Illinois Supreme Court on the issue of whether the Circuit Court of Cook County has jurisdiction over the dispute. The reported decision in this case can be found at People of the State of Illinois v. Philip Morris, Inc. (Hagens & Berman, et. al.), 198 Ill. 2d 87, 579 N.E.2d 906 (2001).
• Representing the Chicago Housing Authority in a 7,500 Plaintiff action seeking in excess of $500 million in damages for negligent environmental remediation.