Suite 28B
Two Liberty Place
50 South Sixteenth Street
Philadelphia, PA 19102-2519
Phone: (215) 299-4384
Fax: (215) 981-0719

Kutak Rock has historically maintained a close connection with the Eastern United States and has many long-term and valued clients in the New York-Philadelphia-Wilmington-Baltimore-Washington D.C. Corridor.

Graphic Philadelphia Main

These relationships center in Philadelphia in significant part and engage all Kutak Rock firm-wide practice areas, including secured transactions, public finance, all aspects of litigation, insurance coverage, tax, health care, national counsel coordination and risk management, real estate, broker-dealer compliance and defense.

A number of Kutak attorneys are from the Philadelphia area or have strong ties to the areas. They have assembled to serve this region through our Philadelphia office and offer a multidisciplinary and broad approach to serve clients' needs.

Together they comprise a varied and intensely local knowledge of Philadelphia business, city and state government and the state and federal court system.

Kutak attorneys in the Philadelphia office offer the following areas of legal expertise, which are also the primary practice areas of the firm:

Litigation

Kutak Rock LLP's national litigation practice group represents enterprises of all sizes, including some of the largest corporations in the world. The litigation department specializes in complex civil litigation matters, representing corporate and individual clients in courts, arbitrations and mediations throughout the country.

In addition to traditional litigation services, the firm's trial lawyers work with members of the firm's other departments in providing day-to-day advice to clients in non-litigation-related business matters, including claim avoidance, risk management, damage control and protection of confidential material.

In a typically complex, high-value litigation matter, a law firm's ability to manage, review and persuasively present the extraordinary quantity of information at issue is critically important. The firm has developed sophisticated document identification, imaging, management and analysis systems to assist its lawyers in efficient analysis and persuasive presentation of the facts.  The firm's state-of-the-art computer network facilitates analysis of e-mail and other electronic information on which modern enterprise increasingly depends. The firm's computer network and video conference facilities make it possible for lawyers to assemble expertise or collaborate with clients, even across great distances.

Kutak Rock's trial lawyers are divided into a number of specialized groups distributed throughout the firm's network of offices. Each specialized group is directed by one or more senior litigation partners practicing primarily within that area.

The areas of specialization in Kutak Rock's firm-wide litigation practice include:

Products Liability and Personal Injury Defense

Kutak Rock's Products Liability and Personal Injury Defense Group handles complex products liability and personal injury litigation for numerous Fortune 500 corporations, including manufacturing concerns, pharmaceutical companies, diagnostic laboratories, insurance companies and other domestic and foreign business organizations. Group attorneys not only represent clients directly in high-value personal injury claims; they also provide coordinating and supervisory assistance to large enterprises facing large numbers of similar claims arising from products liability and from business operations, such as misfilled pharmacy prescriptions, falling merchandise, store security, premises liability and other matters.

Insurance Coverage Group/Risk Management

Kutak Rock’s Insurance Coverage Group is national in scope and has represented and advised insurers in coverage matters throughout the United States and its possessions and territories. The Group operates nationally, with experienced insurance attorneys in Denver, Los Angeles, Omaha, Kansas City, Little Rock, Atlanta, Scottsdale and Philadelphia.

With well over a century of collective insurance coverage experience, Kutak Rock has represented primary, excess and umbrella insurers—from regional specialized carriers to the largest multinational carriers—in every line of insurance. Our coverage practice includes claims with significant exposure in complex circumstances, including asbestos, environmental, UST, mass/toxic tort, professional liability (medical, legal, A&E and insurance agents/brokers, among others) and construction defects.

The hallmarks of Kutak Rock’s coverage practice are pertinent and timely risk-neutral analysis of exposures and recommendations for action supported by well-reasoned, readable and effective communication with a persistent focus on termination of the risk by reasonable resolution as quickly as possible.

We understand that when a carrier has a need for a coverage opinion, it is generally very time-sensitive. The claims handler is oftentimes faced with a defense tender and needs an opinion quickly. Because of the depth of our Insurance Coverage Practice Group we are able to respond to these assignments quickly and efficiently. Many times our assistance does not end with the coverage opinion and includes the development of the coverage strategy in order to implement the opinion in an efficient and cost-saving manner.

Kutak Rock is often called upon to represent the interests of the carrier in mediations of underlying actions where there are coverage issues. This is a separate and distinct role from the adjuster, who attends to look after the interests of the insured. Keeping a bright line between the representation of the insurer and the defense of the insured is a must in this litigious area of the law.

Many times Kutak Rock is called upon to act as supervisory or coordinating counsel for our insurer clients. Defense-related issues often arise in these types of assignments, particularly in complex claims. Specifically, defense counsel may not be effective in making timely and risk-neutral analyses in order to permit early identification of risk and action to minimize that risk. Defense counsel may also be unfocused and not working to develop the aspects of the defense most relevant to resolution of the Claim.

By working closely with its insurer clients and defense counsel, Kutak Rock is able to bring resources and perspectives to the defense of a claim which allow for more accurate risk-neutral analysis and actions directed towards reasonable and prompt resolution of claims. Kutak Rock is able to deploy the appropriate resources to evaluate a claim in order to assist the insurer to keep defense counsel focused on reasonable resolution, provide options, and to control costs.

Kutak Rock has worked with clients to monitor and coordinate the defense in numerous engagements with insurers, as well as other commercial enterprises, both in addition to work as coverage counsel and independent of coverage matters. Our superior understanding of the underlying claim and unmitigated focus on early risk analysis and resolution results in a better understanding of risk and more focused and controlled defense actions. Kutak Rock's involvement as supervisory and coordinating counsel typically results in earlier resolutions at lower cost.

Kutak Rock has considerable experience in effectively litigating coverage disputes throughout the nation, and especially in challenging jurisdictions. Our coverage litigation experience is broad and, in addition to the typical bad-faith issues that arise in the context of the duties to defend or settle, includes the more esoteric litigation that can arise from complex coverage issues in the most dangerous jurisdictions. For example, Kutak Rock successfully litigated to superior resolution for the insurer a matter involving underwriting coverage defenses, as well as broker liability, arising from numerous claims over multiple years against an entity operating hundreds of nursing homes in the Southwest.

Importantly, Kutak Rock brings the same focus to coverage litigation as it brings to supervisory or monitoring engagements; that is, coverage litigation of itself is not a goal, but rather one aspect—a hugely important one—of the process towards achievement of a timely and superior resolution of a claim.

As attorneys with over a century's collective experience working with insurers and others in coverage and risk management matters, including a former Vice President of Claims and General Counsel for one of the Berkshire Hathaway P&C groups, we understand the importance of close communication with our clients and the superior resolutions that are obtained as a result. Moreover, through our many successful engagements as successor coverage or supervisory counsel in resolving significant claims that have languished or developed in adverse ways, we have seen the problems caused by counsel that fail to fully and effectively communicate with the client.

The cornerstone of Kutak Rock's service, as coverage counsel, supervisory or monitoring counsel, or in any other role, is client communication. Effective communication with the client means concise and timely notice that keeps the client apprised of developments, provides our analysis, and recommends options. This allows for effective internal reporting by the client, avoids surprise, and, in our experience, leads directly to more effective resolution earlier and at lower cost than otherwise expected. In short, Kutak Rock perceives client communication as a collaborative process of the utmost importance.

In addition to the firm's intimate knowledge and experience litigating and advising clients on a wide variety of coverages, our lawyers have significant experience in the more challenging areas of coverage, which includes:

  • Asbestos, Benzene, Silica & Mold  
  • Bad Faith  
  • Construction Defect and Surety  
  • Class Actions  
  • Directors & Officers  
  • Environmental Liability  
  • First Party  
  • Intellectual Property  
  • Life, Health and Disability  
  • Marine & Aviation  
  • Reinsurance

    National Coordinating Counsel Overview

    Larger companies are often faced with litigation throughout the country and in multiple jurisdictions. Kutak Rock provides a national practice in coordination of claims and litigation. The firm represents exceptional value for those clients whose businesses include a high volume of litigation matters involving actions in numerous states. The firm combines a sophisticated litigation practice conducted by exceptionally qualified attorneys with a rate structure significantly lower than those of firms of comparable size and capability and maintains a nationwide network of offices. The Firm's managers have structured Kutak Rock to provide litigation support to clients, particularly those with high volume demands, which is unparalleled in cost, efficiency and quality.

    The firm has extensive experience managing large litigation caseloads for several Fortune 500 companies. In addition, Kutak Rock has served as national counsel for a Fortune 100 Dow Component company for the past decade and directs strategy on thousands of cases, which engagement has enabled the client to control all aspects of litigation and provided Kutak Rock the opportunity to identify and refine in everyday practice which procedures work best in such an engagement. In addition, Kutak Rock serves as national counsel for an international pharmaceutical company on two litigation exposures and a national medical testing lab on litigation for the western United States.

    Biographies

    Below are attorneys and staff with particular expertise in the Philadelphia area or Kutak Rock national practice group members with strong ties to this area.

    • Michael T. McDonnell is the managing attorney in the Philadelphia office. Mr. McDonnell is a 1985 graduate of Villanova University, a 1990 graduate of the University of Notre Dame Law School and a member of the Pennsylvania and New Jersey Bars. Mr. McDonnell concentrates his litigation practice in complex commercial, products defense, construction and all aspects of coverage advice and litigation. Mr. McDonnell has tried numerous jury, arbitration and non-jury civil tort and declaratory actions to verdict in the state and federal courts of Pennsylvania and New Jersey. His insurance practice includes concentration upon insurance coverage issues for primary, excess and umbrella environmental, employment, fidelity, construction and architects and engineers, all aspects of professional liability, aviation, marine, trucking, commercial general liability, business automobile policy, property and professional liability carriers. Mr. McDonnell has represented both domestic and London market companies and syndicates in multisite, multiparty pollution and toxic tort claims and intellectual property coverage claims He has lectured on insurance coverage and bad faith for continuing legal education organizations in Pennsylvania and New Jersey. Mr. McDonnell is a veteran appellate advocate of the Pennsylvania and New Jersey intermediate and high courts and the Third circuit.

    Jeffrey Blumenfeld earned his law degree from Rutgers University School of Law -- Camden and his A.B. from Princeton University. He has more than 20 years of experience in the issuance of debt by public entities, having served as bond counsel, underwriters' counsel and counsel to conduit borrowers, credit enhancers and trustees in a broad range of transactions including general governmental, utility, education, housing, health care, 501(c)(3), industrial development and redevelopment financings, securitization of tax liens, and derivatives. He is admitted to practice in Pennsylvania and New Jersey.

    Gilbert W. Boyce is a 1987 graduate of The Catholic University of America School of Law and a member of the Pennsylvania Bar. Mr. Boyce, a Certified Public Accountant, is a partner in the firm's Washington, D.C. office. Mr. Boyce spent 10 years at the Internal Revenue Service as an Internal Revenue Agent, where he investigated civil and criminal tax cases and eventually was promoted to Fraud Development Specialist for the Washington, D.C. area. As a litigator with Kutak Rock LLP, he has represented clients in litigation matters across a broad spectrum of disciplines. His experience includes representing brokerage firms, financial institutions, investors, corporations, investment bankers, stockbrokers, marketing and consulting firms, cable news companies, construction companies and accountants in a wide range of civil litigation in state and federal courts and the U.S. Tax Court and before various arbitration tribunals on matters such as federal securities, federal income tax, ERISA, employment, attorney and accountant malpractice, products liability, corporate diversion and misappropriations of assets.

    Mitchell J. Bragin is a 1967 graduate of Temple University, earned his law degree from Temple University, James E. Beasley School of Law in 1970 and his LL.M. from Georgetown University Law Center in 1974 and is a member of the Pennsylvania Bar. Mr. Bragin is a senior tax partner in the Washington, D.C. office and serves as chairman of the firm's National Public Finance Tax Department. Before joining Kutak Rock in 1977, Mr. Bragin was employed by the Internal Revenue Service, where he was in charge of issuing rulings related to tax-exempt bonds. Since joining Kutak Rock, he has provided tax analysis for thousands of financings. He has also maintained an ongoing dialogue with current representatives of the IRS and the United States Treasury Department with regard to matters of significance to the municipal finance industry. Mr. Bragin has been an active participant in the American Bar Association Section of Taxation, Committee on Tax-Exempt Financing, as well as the National Association of Bond Lawyers.

    Michael G. Connery is a 1974 graduate of St. Joseph's University, a 1984 graduate of the University of Nebraska Law School, a member of the Nebraska Bar and a partner in the firm's Omaha office. His practice is national in scope and concentrates upon advising companies about risk and resolving risk, including the management of product liability, commercial matters and class actions. He serves as national counsel for a number of manufacturers and retailer clients. He has a broad background of jury and bench trial experience. Mr. Connery has provided coverage analysis and recommendations to a variety of insurance clients since 1984. As primary coverage counsel, he has addressed lawyers' professional liability, accounting liability, architects and engineers and CGL risk for numerous insurers. Mr. Connery was the principal coverage counsel for health and medical insurance (doctors, nurses, hospitals, nursing homes) for Reliance Insurance Co. All of this work has involved primary, excess, reinsurance and constant interaction with other carriers on particular risks. Mr. Connery worked for the Philadelphia Public Defender upon receiving his M.A. in Psychology in 1975.

    John A. Henry, Jr. is a 1990 graduate of Amherst College, a 1994 graduate of George Washington University Law School and a member of the Pennsylvania Bar. Mr. Henry is a partner in Kutak Rock's Denver office. Mr. Henry joined the firm in 2006 after practicing with Greenberg Traurig and another firm in Philadelphia for 12 years. His practice focuses on the structuring and documentation of complex public and private financing transactions, usually involving tax-exempt obligations. He has significant experience in the area of tax-exempt bond financing for multifamily housing projects, public utilities, health care facilities and other public purpose projects. Mr. Henry has served in a wide variety of capacities, including underwriter's counsel, disclosure counsel, credit enhancer's counsel, bond purchaser's counsel and bond counsel. He also has significant experience in traditional commercial real estate-based lending, asset-backed securitization and structured finance.

    Kathleen Miles is a 1979 graduate of Harvard, a 1982 graduate of the University of Virginia School of Law and a member of the New York and District of Columbia Bars. Ms. Miles serves in an of-counsel role in the firm's Washington, D.C. office. She has extensive experience as bond and underwriter's counsel on state and local municipal finance transactions, including taxable and tax-exempt issues, single-family and multifamily housing issues and general obligation and revenue bond financings. She has participated as lead bond counsel or underwriter's counsel in Philadelphia, New York, Washington, D.C., Maryland, Connecticut, Puerto Rico, California, Kentucky, New Jersey and the U.S. Virgin Islands. Ms. Miles recently joined the firm after practicing for 10 years as Associate General Counsel for Fannie Mae, focusing on securitization.

    Joyce Mocek is a 1991 graduate of the Catholic University of America School of Law and is a member of the Georgia, Maryland and New Jersey Bar Associations. Ms. Mocek is a partner in the litigation department of the Atlanta office of Kutak Rock and has primary client work in Philadelphia. During her 17 years of handling civil litigation matters, Ms. Mocek has been lead trial counsel for insurance companies, nonprofit organizations, financial institutions, and other corporate entities in a wide range of complex litigation in federal and state courts, and before various arbitration tribunals. The substantive areas of cases in which Ms. Mocek has served as counsel include employment, insurance, commercial and products liability. Ms. Mocek has extensive experience in advising corporate counsel and business management concerning employment and insurance issues. She has served as coverage, defense and supervisory counsel in a variety of insurance matters, including professional liability, directors' and officers', property and general liability tort claims. Ms. Mocek was previously employed as a claims representative for a national insurer, where she investigated and handled a variety of civil litigation matters, including directors' and officers' liability, property, homeowners and general liability tort claims.

    Shannon S. McFadden is an associate in the Philadelphia office. She graduated from Lafayette College and Villanova University School of Law and now focuses her practice on commercial litigation as well as the firm's expanding national coordinating counsel work and insurance coverage practice. Ms. McFadden is admitted to practice in New Jersey, Pennsylvania, and the United States District Court (Eastern District of Pennsylvania and District of New Jersey).

    Marquita Robinson serves as National Coordinating Counsel and Risk Management Paralegal in the Philadelphia office. She has been involved with effectively coordinating the insurance defense of asbestos claims for more than 1,000 matters, including three Fortune 500 manufacturers and suppliers. In addition to asbestos cases, her experience includes general litigation including auto cases, personal injury, medical malpractice and workers’ compensation. Ms. Robinson has worked with defense counsel in maintaining cases from the discovery phase through to trial, including retainment and coordination of corporate experts. She has a broad background of litigation support experience and has provided direct paralegal support and services for state and federal jury trials in New Jersey. Ms. Robinson has been working in litigation support for 15 years.

    If you are interested in pursuing a career opportunity in the Philadelphia office, please contact Ellen Rosenstiel.