Brian P. Kavanaugh - Partner

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Brian P. Kavanaugh

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Chicago
Phone: +1 312-862-2015
Fax: +1 312-862-2200
Overview News

Professional Profile

Brian Kavanaugh is a partner in the Firm’s Chicago office. He has represented clients in a wide-range of complex litigation matters in arbitration and in state and federal courts throughout the United States.


Representative Matters

Data Security & Privacy

  • Represent the BlueCross BlueShield Association in multidistrict litigation relating to the Anthem data breach.

  • Represent a cyber-security firm in connection with various litigation relating to data breaches involving cardholder data.

  • Represented cyber-security firm in connection with putative class actions arising out of a data breach involving the South Carolina Department of Revenue. Obtained dismissal of all claims.

  • Represented defendant in a putative class action relating to a data breach involving a commercial supply business. Obtained voluntary dismissal of all claims.

Healthcare

  • Represent major healthcare insurance company in numerous litigation matters relating to hospital and ambulatory surgery center reimbursement.

  • Represent major healthcare insurance company in putative class action relating to mental health benefits.

  • National defense counsel for pharmaceutical manufacturer in dozens of False Claims Act and related actions brought in state and federal courts by state Attorneys General and the DOJ on behalf of state Medicaid agencies and the federal government relating to drug pricing.

Commercial Litigation & Arbitration

  • Represent BP in various litigation matters arising from the Deepwater Horizon incident.

  • Trial counsel in AAA arbitration between healthcare services provider and a major insurance company. Secured a complete defense award where claimant had commenced arbitration with a demand of more than $23 million.

  • Trial counsel for manufacturer in preliminary injunction proceeding and subsequent AAA arbitration with customer of finished sterile injectable pharmaceutical products. Preliminary injunction denied.

  • Trial counsel for manufacturer in ICDR arbitration, including proceedings relating to an application for emergency measures of protection, with customer of veterinary pharmaceutical products. Emergency measures denied.

  • Represented steel manufacturer in breach of contract and fraud action relating to the turnkey construction of a steel mill.

Class Actions

  • Retained as trial counsel for major insurance company several months before trial in a state class action relating to wage and hour claims that had been pending for six years. Obtained complete defense verdict against a certified class after a four-week trial. Judgment affirmed on appeal.

  • Represented manufacturer in nationwide consumer fraud class action relating to the sale of children’s products. Obtained summary judgment in favor of the manufacturer.

  • Represented food products manufacturer in wage and hour class action relating to the use of temporary labor.

  • Represented major insurance company in certified nationwide class action involving ERISA and breach of contract claims relating to defendant’s transition from an employee to an independent-contractor agent workforce. Obtained summary judgment in favor of client on all certified class claims.

  • Represented financial services company in Title VII “pattern or practice” class litigation brought by the EEOC.

  • Represented automaker in putative multi-state class action relating to the sale of vehicles with alleged automotive defects. Class certification denied.

  • Represented automaker in several product liability and consumer fraud class actions in state and federal courts relating to alleged automotive defects. Obtained dismissal, summary judgment, or denial of class certification in each action.

  • Represented mortgage lender in putative nationwide class action relating to force-placed insurance practices. Class certification denied by Florida state trial court after several rounds of briefing and two evidentiary hearings. Denial of class certification affirmed on appeal.

  • Represented manufacturer of household products in putative nationwide product liability and consumer fraud class action. Class certification denied.

  • Represented automaker in putative nationwide class action involving claims under California’s Unfair Competition Law (Bus. and Prof. Code. § 17200) and Consumers Legal Remedies Act relating to the advertising and sale of vehicles in addition to various breach of warranty and common law claims. Breach of warranty and common law claims dismissed. Class certification denied.

  • Represented building products manufacturer in putative nationwide product liability and consumer fraud class action relating to manufacturer’s hardboard siding products. Secured summary judgment in favor of manufacturer.

  • Represented oil and gas operator in nationwide class action relating to joint interest accounting in domestic onshore oil and gas operations.


Other Distinctions

Martindale-Hubbell AV® Preeminent Rating in Litigation, Commercial Law and Class Actions

Selected as an "Illinois Rising Star" in Class Actions by Super Lawyers, a Thomson Reuters publication

Board Member: Recent Alumni Advisory Board, University of Illinois College of Law (2002-2005)

Instructor: The Legal Environment of Business, University of Illinois College of Commerce (1998-1999)


Publications

"Collective Bargaining Agreements and the Americans With Disabilities Act: A Problematic Limitation on 'Reasonable Accommodation' for the Union Employee" University of Illinois Law Review (1999) (subscription required).


Courts

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Eleventh Circuit

United States District Court for the Northern District of Illinois

United States District Court for the Central District of Illinois

United States District Court for the Southern District of Indiana

United States District Court for the Western District of Wisconsin

United States District Court for the Northern District of Texas

United States District Court for the Southern District of Texas

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