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KevinSzczepanski

Partner

"I strive not only to win for my clients but to help them compete in the marketplace."

Overview

Biography

A trial and appellate lawyer who primarily concentrates his practice on insurance-coverage litigation and cyber risks, Kevin has extensive experience litigating directors and officers (D&O), errors and omissions (E&O), and property and casualty (P&C) coverage under both primary and excess policies. He has served as both lead settlement and trial counsel in highly sensitive business and coverage disputes. He also advises clients on insurance-policy drafting and underwriting issues.

As co-chair of the Data Security & Technology Practice Area, Kevin represents businesses facing first- and third-party losses due to data breaches, service interruptions, theft, and other cyber threats. He also counsels clients on contract drafting and coverage for cyber risks and represents them in liability and coverage disputes.

In addition to his practice, Kevin is the host of Barclay Damon Live: Cyber Sip, the firm's biweekly cybersecurity podcast.

Bar Associations

  • American Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • CLM Alliance
  • Defense Research Institute
  • Professional Liability Underwriting Society
Experience

Representative Experience

Insurance Coverage

  • Won a no-cause verdict as lead trial counsel in a $100 million coverage and bad-faith case involving payment for defective roofing shingles.
  • First-chaired the trial of an insurance-coverage case involving construction defects in a residential housing tract.
  • Won a jury verdict as lead trial counsel for an international advertising agency seeking payment for a multimillion-dollar ad campaign.
  • Served as lead trial counsel in the defense of a coverage and bad-faith case involving employment-discrimination claims.
  • Served as lead trial counsel for primary and excess insurers in a direct action under New York Insurance Law § 3420(a) involving "hired auto" coverage for an underlying wrongful-death case.
  • Served as lead coverage and settlement counsel in a complex, priority-of-coverage dispute arising out of a Chelsea Piers construction accident involving a "grave injury."
  • Recovered $3.5 million for an umbrella insurer in a DJ action against a primary EL insurer arising out of a construction-related motor-vehicle accident, prevailing in state trial and appellate courts.
  • Won summary judgment and appeals in several cases involving late notice under New York Insurance Law § 3420(d).
  • Represented excess insurers in several coverage disputes arising out of construction-defect, Labor Law, and negligence claims.
  • Served as lead counsel for businesses and insurers in disputes involving liability and insurance coverage for CVA and other sex-abuse claims.
  • Served as lead coverage and settlement counsel for insurers in "multi-tower" D&O insurance-coverage disputes arising out of shareholder-derivative actions and class actions.

Data Security & Technology

  • Represented clients as a "breach coach" in BEC, ransomware, and other cyber incidents.
  • Counseled clients in regulatory matters arising out of reporting cyber incidents.
  • Represented public and private entities in the negotiation and drafting of management and vendor agreements dealing with data-security, indemnification, and cyber-insurance issues.
  • Defended clients in data-breach class actions arising out of alleged privacy and information-security violations.
  • Represented financial clients in multiple data-security lawsuits alleging inadequate security controls.
  • Defended a liability insurer in a coverage action arising out of the settlement of privacy claims under the Illinois Biometric Privacy Act.
  • Provided strategic advice to clients concerning their coverage under cyber-insurance policies.

Prior Experience

  • Hodgson Russ LLP, Partner

Selected Community Activities

  • Buffalo Center of Arts and Technology, Board Member
  • Greater Buffalo Youth Orchestra, Former Board Member
  • St. Francis High School, Former Member, Board of Trustees Chair; Former Mock Trial Team Attorney Coach

Selected Honors

  • The Best Lawyers in America®: Insurance Law, 2013–2024; Buffalo "Lawyer of the Year": Insurance Law, 2014–2015
  • Selected to Super Lawyers Upstate New York: Insurance Coverage, 2010–2023
Knowledge

Selected Speaking Engagements

  • Lexeprint Inc., "Understanding Cyber Insurance: Why Arbitration May Make Sense for Your Policy" Webinar
  • University at Buffalo Law Alumni Association / LAA GOLD Group, "Ethical Practice in the Virtual World" CLE
  • Barclay Damon LLP, “Health Care Cybersecurity Breaches: How to Respond to a Security Incident” Webinar
  • New York State Bar Association Construction Site Accident Claims & Litigation Seminar, Chair and “The Interplay of Workers’ Compensation Issues in Construction Claims,” and “Emerging Issues in Construction Defect Claims” Presenter
  • New York State Bar Association Municipal Law Section, “The Evolving Cyber Threat: What Every Public Entity Needs to Know to Protect Itself”

Selected Media

Selected Alerts & Blog Posts

Selected Podcasts

Featured Media

Alerts

NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals

Alerts

FTC Noncompete Rule Survives—For Now

Alerts

New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence

Alerts

ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape

Alerts

EU Leads the Way on Artificial Intelligence Regulation

Alerts

End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

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