Biography

Kevin has broad litigation experience, having conducted bench and jury trials in state and federal court in the areas of discrimination, wrongful discharge, professional liability, product liability, workers’ compensation discrimination, the West Virginia Wage Payment and Collection Act, trade secrets, covenants not to compete, insurance, insurance coverage, mineral rights, and negligence in his more than 35 years of practice. He has also tried cases before administrative bodies including the West Virginia Human Rights Commission and MSHA, and has represented clients in proceedings before the West Virginia Office of Disciplinary Counsel and Boards of Medicine and Dentistry, the West Virginia Insurance Commission, and the Charleston Human Rights Commission. Additionally, he has argued a number of cases before the Supreme Court of Appeals of West Virginia and the United States Fourth Circuit Court of Appeals.

His experience in litigation also provides Kevin with the platform to provide advice to his clients with regard to how to avoid circumstances that may lead to it. He works extensively with his clients on risk management issues including hiring, discipline, discrimination, discharge, promotion and demotion, reductions in force, benefits, and employee handbooks in the employment arena and claims and claims reporting, emergency response, and pre-suit negotiations in the areas of professional liability and insurance.

A particular area of emphasis in the insurance area has been in professional liability, where Kevin has represented insurance agents and brokers, engineers, attorneys, financial advisers and brokers, real estate agents, accountants, and medical care providers facing claims under their errors and omissions insurance policies. He has also provided counsel with regard to and litigated cases involving bad faith and personal injuries including deliberate intent (Mandolidis) claims and in product liability claims representing manufacturers of products ranging from wire ropes to large pieces of mining equipment.

Kevin has litigated cases involving and provides counsel regarding First Amendment and related issues. As well, he has spoken often on Social Media issues as they relate to employers, insurance agents and media companies.

His clients include attorneys, engineering companies, accounting firms, insurance agencies and brokers, financial brokers, major suppliers to the coal industry, financial institutions, insurers, manufacturers, retailers, wholesalers, media companies, and the service industry. He has also served as a mediator or arbitrator in a variety of cases.

Examples of matters Kevin has recently handled to trial include: representing an international brokerage company at trial in two cases alleging breach of professional duties and failure to provide notice of the right to purchase “tail coverage;” defending a multi-national publication company against retaliatory discharge and wage payment and collection act claims; representing a Forbes 200 Global Company in a case involving claims of trade secrets, breach of restrictive covenant and constructive discharge; and litigating multiple discrimination complaints filed with the West Virginia Human Rights Commission against a coal industry supplier.