Kevin Fee practices in the area of litigation. Mr. Fee has tried dozens of cases to verdict and litigated both within and outside of New York. He has argued appeals before the Second Circuit, New York Court of Appeals and before the First, Second and Third Departments.
Besides conducting internal corporate investigations, Mr. Fee has represented individuals and corporations in investigations conducted by various state attorneys general, state district attorneys, the Office of the Comptroller of the Currency, the Department of Justice, the SEC and the New York City Department of Investigation.
He has represented clients in matters involving a wide variety of claims including RICO, antitrust, the False Claims Act, state consumer protection statutes, fraud, breach of fiduciary duty and breach of contract.
Mr. Fee’s corporate clients in commercial disputes have included insurers, financial institutions, hospitals—including New York City hospitals now comprising the Mount Sinai Health System— advertising agencies, publishers and manufacturers. Prior to entering private practice, Mr. Fee worked in the Labor Racketeering Unit and Trial Division of the New York County District Attorney’s Office.
- United States of America ex rel. Hayes v. Allstate Insurance Company, et al, and United States of America ex rel. Takemoto v. ACE, Ltd., (W.D.N.Y. 2014). Defended one of more a than a dozen defendants in reverse False Claims Act case alleging failure to repay Medicare for “conditional payments.”
- Beth Israel Medical Center v. Siemens and Beth Israel Medical Center v. Verizon, (S.D.N.Y. 2014). In action to recover large overcharges, obtained settlements from the provider who issued the invoices and a third-party vendor hired to prevent overpayments through its review of invoices.
- Estate of Gertrudo R. Realuyo v. Amelia Realuyo, (Sup. Ct. N.Y. Co. 2013). After court granted ex parte application for TRO that stopped the sale of a $6 million co-op, defeated preliminary injunction application and won dismissal of the complaint.
- In re Insurance Brokerage Antitrust Litigation, 618 F.3d 300 (3d Cir. 2010). Represented a Fortune 100 company in a nationwide antitrust and RICO class action involving dozens of defendants, over 80 million pages of documents and 200 depositions.
- In re Robert R. Greenberg, (Bankruptcy Co. E.D.N.Y. 2007). After the trustee in bankruptcy negotiated a $150,000 settlement of a fraudulent conveyance claim against the debtor’s spouse, the largest creditor objected to the settlement, purchased the right to pursue the claim on behalf of the estate, prosecuted an adversary proceeding against the debtor’s spouse, and recovered $1.35 million for the estate.
- American Telephone Utilities Consultants, Inc. v. Beth Israel Medical Center, (Sup. Ct. N.Y. Co. 2005). After a 12 day trial, the jury returned a defense verdict in favor of the firm’s client and dismissed the plaintiff’s $3.2 million breach of contract and unjust enrichment claims.
- Schrotenboer v. Soloff, 74 N.Y.2d 597 (1989). The New York Court of Appeals accepted Kevin’s public policy argument and held that an agreement of immunity from prosecution that was extracted by a father in exchange for his return of his children to their mother, the lawful custodian, was unenforceable.
- Georgetown University Law Center, J.D., cum laude, 1984
- State University of New York at Albany, B.A., magna cum laude, 1981
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. Court of Appeals for the Third Circuit
Professional Activities : Association of the Bar of the City of New York
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