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KevinSzczepanski

Partner

"I like to think of myself as a problem solver. The more difficult the problem, the more fun it is to solve."

Overview

Biography

Kevin is a trial and appellate lawyer who primarily concentrates his practice on insurance coverage, business 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 regulatory matters, insurance-policy drafting, and underwriting issues.

In the cyber risk field, 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 coverage for cyber risks and represents them in liability and coverage disputes.

Bar Associations

  • American Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • Defense Research Institute
  • Professional Liability Underwriting Society
Experience

Representative Experience

  • Won a no-cause verdict in a $100 million coverage and bad-faith case.
  • Obtained a summary-judgment victory and $2.5 million in reimbursement for an insurance-company client.
  • Counseled an insurer on the scope of coverage available for a cyber claim involving customer-information theft.
  • Achieved a significant payout for a client in a dispute over a lawsuit settlement proceeds.
  • Helped to clarify principles governing notice under primary and excess insurance policies.
  • Negotiated a $69 million settlement in D&O and insurance-coverage preference actions.
  • Obtained victory for an EPL insurer against a CGL insurer in a lawsuit seeking defense-cost reimbursement.
  • Won a jury victory for an advertising agency seeking payment for a $1.6 million campaign.
  • Represented a retailer in the submission of a cyber-insurance claim and demand for indemnification.
  • Prevailed on appeal in a case involving coverage for an automobile accident under business auto and excess policies.

Prior Experience

  • Hodgson Russ LLP, Partner

Selected Community Activities

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

Selected Honors

  • The Best Lawyers in America®: Insurance Law, 2013-2018, 2020
  • Selected to Super Lawyers Upstate New York: Insurance Coverage, 2010-2016 and 2018-2019
  • The Best Lawyers in America®, Buffalo Lawyer of the Year: Insurance Law, 2014-2015
Knowledge

Selected Speaking Engagements

  • Barclay Damon, “Health Care Cybersecurity Breaches: How to Respond to a Security Incident” Webinar
  • MedTech Annual Conference, “Cyber Session,” Moderator
  • 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 Publications & Media

  • Buffalo Law Journal, “Cyber Insurance: A Safeguard”
  • Buffalo Law Review, “Searching for the Plain Meaning of the Second Amendment”

Featured Media

Alerts

Courtroom Battles Ahead for Emergency Regulations Addressing Vaping-Associated Pulmonary Illnesses

Alerts

Court of Appeals Green Lights Associational Discrimination Lawsuit Under the ADA

Alerts

Federal Appeals Court Strikes Down Contractual Limitation Period for Title VII Claims

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