Kevin F. Kieffer

Partner

Orange County
San Francisco
Business Phone: 949.622.2708
Business Fax: 949.769.2056

kevin.kieffer@troutman.com

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Across the country, Kevin Kieffer has litigated complex insurance coverage issues arising under a variety of third and first party policy policies, including professional liability, media-tech, cyber liability, employment practices liability, architects and engineers, directors' and officers' liability, and comprehensive general liability. He has successfully defended several insurance companies against various bad faith and other extra-contractual claims.  Kevin also regularly provides advice and counseling to insurers, including policy drafting and wording.

Kevin has also represented national, regional, and local clients in a variety of complex civil litigation matters in federal and state courts at both the trial and appellate level.  As first or second chair, Kevin has tried several cases and has successfully handled breach of contract, securities, valuation, construction, antitrust, fraud, professional liability, malicious prosecution and environmental matters in federal and state courts throughout the western United States.

Representative Matters

  • Obtained numerous summary judgments and/or settlements involving waiver of costs on behalf of insurers in bad faith or breach of contract lawsuits.
  • On behalf of electrical subcontractor and its principals, first chaired six month jury trial involving breach of contract, fraud, and construction claims, obtaining a complete victory for the individual defendants.
  • Represented the subcontractor in the appeal of a pretrial writ of attachment, resulting in the first published decision in California regarding the interplay between Public Contract Code 4107 and breach of contract.
  • Obtained dismissals and/or settlements involving waiver of costs or nuisance payments on behalf of employers alleged to have committed a variety of employment claims.
  • Represented relaters in a novel False Claims Act case that obtained $76.25 million in recoveries based upon allegations of price fixing for carbon fiber.
  • Served as lead counsel in the resolution of a $5 million breach of contract, fraud dispute involving the failed sale of a commercial building.
  • Served as lead trial counsel and negotiated $2 million settlement in derivative suit involving an allegedly fraudulent stock purchase.
  • As lead trial counsel, prevailed on numerous motions for summary judgment and secured $3.75 million settlement in lawsuit involving breach of contract and breach of fiduciary duty claims.
  • As lead trial counsel, successfully obtained a preliminary injunction and negotiated $4 million settlement on behalf client, a national pharmaceutical company.

Presentations and Speaking Engagements

  • Kevin gives in-house presentations to various insurance clients on changes in insurance and bad faith law.
  • "Understanding the Scope and Limits of Duty to Defend, Duty to Settle and Initiating Settlement Negotiations," ACI’s 25th National Advanced Forum on Bad Faith Litigation (July 30, 2013).
  • “Hot Topics in Insurance Coverage and Bad Faith Litigation in California,” Lorman Education Services (December 3, 2004).

Professional and Community Involvement

  • Association of Business Trial Lawyers, Orange County Chapter
  • American Bar Association
  • Orange County Bar Association
  • Nevada State Bar Association

Rankings and Recognition

  • Selected as a Southern California Super Lawyer in Business Litigation by Law & Politics' Southern California Super Lawyers Magazine (2012).
  • Selected as a Southern California "Rising Star" in Business Litigation by Law & Politics' Southern California Super Lawyers Magazine (2011).

Professional Experience

  • Partner, Troutman Sanders LLP, 2009-present
  • Partner, Ross, Dixon & Bell, LLP, 2005-2008
  • Associate, Ross, Dixon & Bell, LLP 1999-2004
  • Kevin has taught labor and employment law at Cerritos College

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Education

  • University of the Pacific, J.D., magna cum laude, 1997
    Articles Editor, Pacific Law Journal
    Order of the Coif
    Traynor Honor Society
    Student Body Vice President
  • University of California, Irvine, B.A., 1993

Bar Admissions

  • 1997 California
  • 1999 Nevada

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Nevada