People

Kevin J.
O'Brien

Atlanta: +1 404 572 2442
kobrien@kslaw.com

Related Capabilities

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 Liability, in Environmental Liability and Insurance Recovery 289 (David L. Guevara & Frank J. Deveau, eds. 2012) (co-authored with Collin J. Hite)

Full Bio

Email Kevin

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

New York

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 New York

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 Southern District of New York

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 (2021-2023) & Bankruptcy Litigation (2023)

Best Lawyers in America

Recognition

Ones to Watch - Commercial Litigation (2021-2023) & Bankruptcy Litigation (2023)

Best Lawyers in America

News

In the News · Source: Law360

February 14, 2023
Kenneth Turnbull, Jessica Corley and Kevin O'Brien counsel Deloitte before a Georgia federal court, which dismissed a securities class action suit against the company

Press Release

December 8, 2022
King & Spalding Promotes 24 New Partners and 17 Counsel Across 15 Cities

In the News · Source: Law.com, The Global Legal Post, Global Arbitration Review, IJGlobal, The Deal, Law360 Pulse, Australasian Lawyer, The Daily Report, Le Monde du Droit and La Lettre des Juristes d'Affaires

December 8, 2022
K&S elects 24 new partners and promotes 17 counsel across 15 cities

View all

Matters

Defending a Big 4 accounting firm against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Obtained dismissal of a Big 4 accounting firm from a putative securities fraud class action in the Northern District of Georgia.

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

Matters

Defending a Big 4 accounting firm against fraud claims in an action pending in the Commercial Division of the New York Supreme Court.

Obtained dismissal of a Big 4 accounting firm from a putative securities fraud class action in the Northern District of Georgia.

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

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 summary judgment for Equifax in putative class action brought in Nevada federal court asserting claims under the Fair Credit Reporting Act. Barnum v. Equifax Info. Servs., LLC, No. 2:16-cv-2866, 2019 WL 1299329 (D. Nev. Mar. 21, 2019), aff'd, 812 F. App'x 727 (9th Cir. 2020).

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.

Defended Equifax in consumer, financial institution, and securities fraud class actions arising out of a 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).

Insights

Article · Source: Law360

March 3, 2023
High Court Bankruptcy Ruling Is Unintended Gift To The SEC

January 17, 2023
Lender Liability Quarterly – January 2023

October 14, 2022
Lender Liability Quarterly – October 2022