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Kevin O’Brien is a litigator focusing on high-stakes and complex business disputes, with a particular focus on litigation over commercial transactions, bankruptcy-related disputes, and professional liability matters. Kevin has represented clients in a wide variety of cases, including contract disputes, business torts, and consumer and securities fraud class actions.

Before joining King & Spalding, Kevin was a law clerk to Judge William S. Duffey, Jr. of the U.S. District Court for the Northern District of Georgia.  He was also an associate at another national law firm.  Kevin received his law degree from Boston College Law School, where he was Managing Editor of the Boston College Law Review and elected to the Order of the Coif.

Publications

  • Note, Federal Regulation of State Employment Under the Commerce Clause and “National Defense” Powers: Constitutional Issues Presented by the Public Safety Employer-Employee Cooperation Act, 49 B.C. L. Rev. 1175 (2008)
  • Insured’s Response to Environmental Liabilityin Environmental Liability and Insurance Recovery 289 (David L. Guevara & Frank J. Deveau, eds. 2012) (co-authored with Collin J. Hite)
Full Bio

Credentials

J.D., Boston College Law School, magna cum laude & Order of the Coif

M.A., Columbia University

B.A., Virginia Commonwealth University, magna cum laude

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Western District of Virginia

Virginia

Law Clerk, Hon. William S. Duffey, Jr., U.S. District Court for the Northern District of Georgia

Ones to Watch - Commercial Litigation


Best Lawyers in America, 2021-2022

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Recognition

Ones to Watch - Commercial Litigation


Best Lawyers in America, 2021-2022

Matters

Defending Capital One in consumer and securities fraud class actions arising out of a data breach announced in July 2019.

Defending the global and regional coordinating entities of a Big 4 accounting firm network against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Successfully challenged bankrutpcy litigation trust's request to obtain Rule 2004 discovery from the global coordinating entity of a Big 4 accounting firm network.

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Matters

Defending Capital One in consumer and securities fraud class actions arising out of a data breach announced in July 2019.

Defending the global and regional coordinating entities of a Big 4 accounting firm network against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Successfully challenged bankrutpcy litigation trust's request to obtain Rule 2004 discovery from the global coordinating entity of a Big 4 accounting firm network.

Obtained dismissal of the global coordinating entity of a Big 4 accounting firm network from a securities fraud class action. In re Aegean Marine Petroleum Network, Inc. Sec. Litig., 529 F. Supp. 3d 111 (S.D.N.Y. 2021).

Obtained dismissal of a Big 4 accounting firm from a single-plaintiff securities fraud action. Zimmerman v. UBS AG, No. 17-cv-4503, 2018 WL 4054860 (S.D.N.Y. Aug. 24, 2018).

Member of trial team representing the sellers of an energy services company in a dispute over earnout payments due in connection with the sale.

Defending Equifax in consumer class actions arising out of the data breach announced in September 2017.

Represented a partner of a Big 4 accounting firm in an investigation by the PCAOB into alleged violations of auditing standards.

Represented a Big 4 accounting firm in what was reported at the time to be the highest-stakes accounting malpractice case to go to trial. The Florida state court case, brought by the litigation trust of a bankrupt mortgage originator seeking $5.5 billion in damages, settled mid-trial.

Represented The Coca-Cola Company in an ERISA interpleader action seeking a determination of the proper beneficiary of disputed funds. Obtained dismissal of counterclaims asserted against the company. Coca-Cola Co. v. Lande, No. 1:19-cv-1741, 2019 WL 10093974 (N.D. Ga. Oct. 31, 2019).

Matters

Defending Capital One in consumer and securities fraud class actions arising out of a data breach announced in July 2019.

Defending the global and regional coordinating entities of a Big 4 accounting firm network against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Successfully challenged bankrutpcy litigation trust's request to obtain Rule 2004 discovery from the global coordinating entity of a Big 4 accounting firm network.

See more
Icon close

Close

Matters

Defending Capital One in consumer and securities fraud class actions arising out of a data breach announced in July 2019.

Defending the global and regional coordinating entities of a Big 4 accounting firm network against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Successfully challenged bankrutpcy litigation trust's request to obtain Rule 2004 discovery from the global coordinating entity of a Big 4 accounting firm network.

Obtained dismissal of the global coordinating entity of a Big 4 accounting firm network from a securities fraud class action. In re Aegean Marine Petroleum Network, Inc. Sec. Litig., 529 F. Supp. 3d 111 (S.D.N.Y. 2021).

Obtained dismissal of a Big 4 accounting firm from a single-plaintiff securities fraud action. Zimmerman v. UBS AG, No. 17-cv-4503, 2018 WL 4054860 (S.D.N.Y. Aug. 24, 2018).

Member of trial team representing the sellers of an energy services company in a dispute over earnout payments due in connection with the sale.

Defending Equifax in consumer class actions arising out of the data breach announced in September 2017.

Represented a partner of a Big 4 accounting firm in an investigation by the PCAOB into alleged violations of auditing standards.

Represented a Big 4 accounting firm in what was reported at the time to be the highest-stakes accounting malpractice case to go to trial. The Florida state court case, brought by the litigation trust of a bankrupt mortgage originator seeking $5.5 billion in damages, settled mid-trial.

Represented The Coca-Cola Company in an ERISA interpleader action seeking a determination of the proper beneficiary of disputed funds. Obtained dismissal of counterclaims asserted against the company. Coca-Cola Co. v. Lande, No. 1:19-cv-1741, 2019 WL 10093974 (N.D. Ga. Oct. 31, 2019).

Credentials

J.D., Boston College Law School, magna cum laude & Order of the Coif

M.A., Columbia University

B.A., Virginia Commonwealth University, magna cum laude

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Western District of Virginia

Virginia

Law Clerk, Hon. William S. Duffey, Jr., U.S. District Court for the Northern District of Georgia

Ones to Watch - Commercial Litigation


Best Lawyers in America, 2021-2022

Icon close

Close

Recognition

Ones to Watch - Commercial Litigation


Best Lawyers in America, 2021-2022