Kevin’s extensive trial experience and diverse litigation practice cover a mix of complex corporate and business disputes.
He focuses on shareholder class and derivative actions, alternative entity disputes, and other challenges to mergers, acquisitions and other strategic transactions, as well as complex commercial disputes and non-compete litigation. Kevin’s litigation practice concentrates on cases pending in the Delaware Court of Chancery, Delaware Superior Court and U.S. District Court for the District of Delaware, and he often handles expedited trials and preliminary injunction hearings.
Kevin serves as Practice Group Coordinator for Morris Nichols’ Corporate & Business Litigation Group. He has been mentioned in The Legal 500 US for his M&A litigation work and named to Benchmark Litigation’s annual “40 & Under Hot List” recognizing litigation attorneys in the United States.
Represented Anthem in a high-profile action resulting from the failed $54 billion acquisition of Cigna Corporation. After a two-week trial, the Court of Chancery found that Anthem had defeated each of Cigna’s claims, including Cigna’s claim for a reverse termination fee. In re Anthem-Cigna Merger Litigation, C.A. No. 2017-0114-JTL (Del. Ch. August 2020). The Court of Chancery’s decision was affirmed by the Delaware Supreme Court on appeal.
Represented Madison Dearborn Partners and its portfolio company, SIRVA Worldwide Inc., in expedited Court of Chancery action arising out of a agreement to purchase Realogy Holding Corp. Obtained dismissal of Realogy’s claim for specific performance of purchase agreement. Realogy Holdings Corp. v. SIRVA Worldwide, Inc., C.A. No. 2020-0311-MTZ (Del. Ch. June 2020)
Represented Oak Hill Capital Partners and former directors of Oversee.net in Court of Chancery litigation challenging the redemption of Oak Hill’s preferred stock. After a two-week trial, the Court found that Oak Hill and the former directors’ actions were entirely fair and dismissed all claims against them. The Frederick Hsu Living Trust v. ODN Holding Corporation, et al., C.A. No. 12108-VCL (Del. Ch. May 2020)
Represented former officers of Hertz in Court of Chancery action seeking advancement of legal fees and expenses. Successfully briefed and argued motion for summary judgement resulting in Court order requiring advancement of clients’ legal fees and expenses. Sider v. Hertz National Holdings, C.A. No. 2019-0237-KSJM (Del. Ch. May 2019)
Represented NRC Group Holdings Corp. in a suit challenging the company’s planned merger with U.S. Ecology Inc. Obtained summary judgment in favor of client. SBTS, LLC, v. NRC Group Holdings Corp., et al., Del. Ch., C.A. No. 2019-0566-JTL (Del. Ch. Oct 2019)
Represented mobile laboratory company in trial against former employer for breach of non-compete and other agreements. Obtained 2-year injunction against defendant and sanctions for spoliation of evidence. Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, 2015 WL 4503210 (Del. Ch. Jul. 2015)
Obtained judgment on the pleadings in favor of client against former controlling stockholders and founder on claims pertaining to a right of first refusal agreement covering hotel properties. The court adopted our clients’ interpretation of the agreement and held that our clients had enforceable right of first refusal over certain hotel properties and that defendant is required to sell those properties. JD Holdings et al v. Dowdy, et al., 2014 WL 4980669 (Del. Ch. Oct. 2014)
News & Insights
- Media Mention, The Legal 500, 06.10.2021
The Legal 500 United States released its 2021 edition, ranking Morris Nichols in its nationwide guide to the foremost law firms in the United States.
- Firm News, 05.03.2021
In April 2020, the Delaware Supreme Court heard arguments on Cigna’s appeal, and on May 3, 2021, affirmed the trial court’s decision and rejected bid for the $1.85 billion termination fee.
- Firm News, Benchmark Litigation, 10.05.2020
- Firm News, 07.30.2020
- Firm News, 06.10.2020
The Legal 500 United States today released its 2020 edition, ranking Morris, Nichols, Arsht & Tunnell LLP in its nationwide guide to the foremost law firms in the United States.
- Firm News, 09.25.2019
Wilmington, DE (September 25, 2019) - The 2020 edition of Benchmark Litigation’s guide to the leading U.S. litigation law firms again recognizes Morris, Nichols, Arsht & Tunnell LLP in the top “Highly Recommended” band for Delaware law firms. The guide notes that Morris Nichols “has established itself as one of the most respected presences in the Delaware legal market.”
- Firm News, 08.04.2019
Wilmington, DE (August 4, 2019) - Benchmark Litigation has released the 2019 Benchmark 40 & Under Hot List. Morris Nichols partners Kevin Coen and Ryan Stottmann were selected for inclusion in the publication’s fourth edition. Their practices focus on corporate and commercial litigation in the Delaware Court of Chancery and appeals before the Delaware Supreme Court.
- Firm News, 05.29.2019
Wilmington, DE (May 29, 2019) - The Legal 500 United States released its 2019 edition today. Morris, Nichols, Arsht & Tunnell LLP is once again “highly rated” in the nationwide guide to the foremost law firms in the United States.
- Firm News, 05.31.2018
Wilmington, DE (May 31, 2018) - The Legal 500 United States 2018 has ranked Morris, Nichols, Arsht & Tunnell LLP in its nationwide guide to the leading law firms in the United States.
- Firm News, 06.15.2016
Wilmington, DE (June 15, 2016) - Morris, Nichols, Arsht & Tunnell LLP has been ranked as a leading M&A law firm in The Legal 500 United States 2016. Now in its tenth edition, the U.S. guide organizes various practice areas into a single national ranking to highlight firms with a national presence in sophisticated and complex matters.
- Firm News, 01.03.2014
Honors & Recognitions
Benchmark Litigation, 40 & Under Hot List, 2019-2020
The Legal 500 US, mentioned in M&A litigation, 2016-2021
Professional & Civic
American Bar Association
Delaware State Bar Association
Villanova University School of Law, JD, magna cum laude, Order of the Coif, 2005
Villanova Law Review, associate editor, 2003-2005
Dartmouth College, AB, psychology, 2002
- Delaware, 2005