Kevin B. Dreher

Associate

Representative Commercial Litigation Matters

• Defended claims against commercial and residential property owners arising from alleged construction defects, faulty workmanship, and allegations of misrepresentation.
• Prosecuted claims on behalf of international hotel property owners related to multi-million dollar loss from construction defects, product defects, and faulty workmanship.
• Prosecuted and defended claims on behalf of a financial services company related to enforcement of non-compete/confidentiality agreements and prosecution of various business tort and statutory claims.
• Prosecuted and defended claims on behalf of a Fortune 500 outsourcing company related to breach of contract and various business torts arising from multimillion-dollar outsourcing agreement.
• Defended former executives and consultants of a Fortune 500 energy company against business judgment claims brought by third party creditors and other entities.
• Defended and counseled various financial institutions and lenders in connection with investigations initiated by various state and federal agencies including the Securities and Exchange Commission, Department of Justice, Federal Bureau of Investigations, U.S. Attorney General, and State Attorneys General.
• Defended and counseled a Fortune 500 financial institution in connection with municipal code violations and enforcement proceedings in Cook County.
• Defended various Fortune 500 financial service companies from suits alleging breach of contract, fraud, and statutory violations arising from residential mortgage foreclosures.
• Prosecuted claims arising from various commercial disputes including breach of contract, fraud, unfair trade practices, etc. In one such dispute, Mr. Dreher prosecuted a breach of contract claim on behalf of a Fortune 500 rental car company where a preliminary injunction was obtained against an Internet travel agent forcing it to restore client's rental car offerings to defendant's websites. After filing an amended complaint, the judge granted the preliminary injunction in favor of the rental car company, ending revenue losses of millions of dollars per month.
• Defended numerous Fortune 500 retailers against class action claims alleging violation of the Fair and Accurate Credit Transaction Act (FACTA). In defense of class action claims against a number of the world's largest retailers, Mr. Dreher secured dismissal of purported class action complaints. In one such case, Mr. Dreher secured dismissal of Plaintiff's amended complaint due to Plaintiff's insufficient allegation that "risk" of identity theft amounted to "actual damages" under Congress' amendment to FACTA.
• Defended a Fortune 500 data systems company from alleged violations of ERISA, common law negligence claims, and various state statutory claims.
• Defended and counseled a Fortune 100 technology company in connection with investigations into privacy issues initiated by various state and federal agencies including the Securities and Exchange Commission, Federal Communications Commission, U.S. Attorney General, and California State Attorney General.
• Provided pre-litigation investigation and counseling to several Fortune 100 technology and energy companies in connection with restructuring of multimillion-dollar outsourcing contracts.
• Member of trial team defending a Fortune 100 retailer in adversarial bankruptcy matter in the Northern District of Illinois.
• Coordinated the defense of over 400 asbestos product liability suits in Illinois against Fortune 500 multinational manufacturing and service companies.

Representative Insurance Coverage Litigation Matters

Directors & Officers Liability Insurance Coverage

• Represented various directors and officers of Fortune 500 companies in pursuit of D&O liability insurance coverage for claims arising from the restatement of public companies' financial statements and in connection with insurers' attempts to rescind policies.
• Pursued coverage for corporate policyholders under D&O liability insurance in connection with claims against company and its directors and officers related to alleged wrongful acts arising from purported misstatements in company's financial reporting.

Commercial General Liability (CGL) Insurance Coverage

• Litigated claims on behalf of a Fortune 500 energy company arising from alleged asbestos-premises liability against numerous GCL primary and excess carriers for bad faith and declaration of defense and indemnification obligation. Court granted policyholder's summary judgment motion and ruled that Pennsylvania law applies to claims including application of Pennsylvania Bad Faith Statute, all-sums allocation of loss, and single occurrence.
• Prosecuted various bad faith and breach of contract actions against insurers of retail companies for failure to provide personal and advertising injury coverage under commercial general liability policies for claims arising under the Fair and Accurate Credit Transaction Act (FACTA) and the Telephone Consumer Protection Act (TCPA).
• Member of a trial team in state court in San Francisco, California, in pursuit of commercial general liability coverage for farm equipment manufacturer who had incurred liability due to underlying suits alleging exposure to asbestos.
• Represented various manufacturing companies in connection with pursuit of retail clients in pursuit of insurance coverage for "personal and advertising injury" claims brought against them in connection with the Fair and Accurate Credit Transactions Act (FACTA) and the Telephone Consumer Protection Act (TCPA).

Public Officials Liability Insurance Coverage

• Prosecuted bad faith and breach of contract action in the Eastern District of Michigan against multiple insurers for failure to provide municipality with public officials' insurance coverage.

First-Party and Time Element Insurance Coverages

• Prosecuted various first party, business interruption, contingent business interruption, and extra expense claims due to losses suffered by corporate policyholders across various industries during Hurricanes Wilma, Rita, Katrina, and other catastrophic events.  
• Represented hospitals in connection with dispute over number of deductibles under catastrophe umbrella insurance policies applicable to claims resulting from losses incurred during Hurricane Katrina. The insurer argued the hospital was required to pay a separate multimillion deductible for each of the 100 pending personal injury and wrongful death suits for personal injury or wrongful death by those stranded at the hospitals during Hurricane Katrina. The arbitration panel, however, agreed with the hospitals that, rather than the multimillion-dollar retention sought by the insurer, the policyholder should be required to pay only one deductible for all claims.
• Represented a Fortune 500 media company in pursuit of coverage for first-party and time element losses resulting from severe damage to broadcasting studio in New Orleans during Hurricane Katrina.
• Pursued first-party and time element coverage for nursery/landscaping company who suffered losses at multiple locations due to Hurricanes Katrina and Rita.

Workers' Compensation and Reinsurance

• Represented Fortune 500 construction and media companies against insurer in liquidation proceeding to obtain direct access to insurance proceeds from reinsurers.