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Keith McKenna
Main image for Keith McKenna

Keith McKenna

Partner

kmckenna@cohenziffer.com
New York
212.584.1830 D
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My Approach

I bring a great breadth of knowledge to my practice, and perform in-depth analyses before crafting a course of action that plots our moves several steps ahead. By being highly strategic, I’m able to give my clients practical advice about what is likely to happen and how their matters will unfold, which allows us to eliminate surprises and put the best plan in place from the very start.

Overview

Known for his ardent advocacy in complex and highly consequential cases, Keith McKenna represents clients in a wide range of general commercial litigation. As counsel for companies in industries including healthcare, manufacturing, telecommunications, sports and entertainment, government services, and real estate, Keith handles a wide-range of commercial disputes in federal and state court actions nationwide. The organizations Keith serves frequently rely on him to represent them in significant insurance coverage litigations and trials that procure damages and declaratory judgments in their favor against U.S. and European property and casualty insurers.

Viewing his clients’ issues as his own, Keith always strives to solve their problems efficiently, recover money they’re due, and bolster their business interests. With a strong commitment to 24/7 responsiveness and a down-to-earth style, Keith embraces the role of an advisor clients trust and depend on. He is rated AV Preeminent (4.9 out of 5.0) by his peers in Martindale-Hubbell, and is lauded for his skillful case management and sound judgment. One adverse lawyer described him as being among “the finest and most talented lawyers whom I have faced” and another as “true to his word, articulate, and knowledgeable of both the facts and law.” In addition, Chambers USA has identified Keith as a ranked policyholder lawyer and notable practitioner in “high-stakes coverage disputes,” and The Legal 500 notes Keith’s “tremendous skills, dedication, and experience.” Keith is listed as one of Lawdragon’s 500 Leading Litigators in America.

With a keen understanding that risky cases inspire a great deal of client anxiety, Keith exudes a calming presence, particularly in bet-the-company circumstances. He reassures those he serves that they’ve hired the right person for the job, that he will skillfully handle their cases, and that he will put them in the best position to procure the coverage they need to keep their company viable.

Experience Highlights

  • Representing Verizon Communications Inc. in seeking insurance coverage for approximately $120 million in defense and settlement costs incurred in connection with a fraudulent conveyance lawsuit brought by a litigation trustee appointed in the bankruptcy of FairPoint Communications, Inc., Keith successfully argued motions for partial summary judgment and judgment on the pleadings that resulted in a February 2021 ruling that Verizon was entitled to recover 100% of its approximately $24 million in defense costs and an October 2022 ruling that Verizon was entitled to recover all of its $95 million settlement. In a case of first impression, the Delaware Superior Court held that the underlying claim fell within the defendant insurers’ “Securities Claim” coverage because the fraudulent conveyance claims were derivative claims by a trustee “standing in the shoes” of debt securities holders of a Verizon subsidiary covered by the policies.

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  • As an advocate for Warren Pumps LLC in a case centering on insurance coverage questions for asbestos-related claims, Keith helped gain the client crucial favorable verdicts. The New York Court of Appeals and the Delaware Supreme Court made nationally significant rulings on the assignment of policy rights, coverage triggers, and allocation of liability among insurers that ultimately allowed Warren to access half a billion dollars in insurance coverage limits.

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Relevant Experience

  • Representation of Verizon Communications Inc. in securing rulings from the Delaware Superior Court that, as a matter of law, Verizon is entitled to recover more than $160 million, incurred in connection with a securities litigation involving the spinoff of certain of its landline business assets to FairPoint Communications, including approximately $24 million in defense costs, $95 million in settlement costs and more than $51 million in prejudgment interest.
  • Counsel to Walmart Inc. in seeking insurance coverage for hundreds of millions in defense costs incurred in defense against thousands of opioid-related lawsuits and for more than $3.1 billion in settlements of certain of those lawsuits.
  • Representation of Warren Pumps LLC in a case seeking coverage from more than a dozen insurance companies for thousands of asbestos-related claims. The firm’s lawyers secured several high-profile courtroom victories for Warren, including a decisive jury verdict worth hundreds of millions of dollars, and landmark decisions from the New York Court of Appeals on the allocation of long-tail claims and the Delaware Supreme Court on critical issues, including assignment of policy rights and the trigger of coverage, which have allowed Warren to access more than $500 million dollars in asbestos insurance coverage limits.
  • Representing manufacturing company Pella Corp. in seeking insurance coverage for more than twenty class actions alleging certain Pella windows were faulty and caused water damage, Keith litigated several novel issues to successful outcomes in Iowa federal Court.  In a string of summary judgment rulings that had national impact, Keith procured rulings that defective workmanship can give rise to a covered “occurrence” and that all insurance policies in place from date of window installation could be called upon to provide coverage.
  • Counsel to Verizon Communications Inc. in securing numerous favorable court rulings and insurance coverage settlements in connection with Verizon’s pursuit of insurance coverage for tens of millions of dollars in legal fees and costs incurred in successfully defending against a $14 billion lawsuit filed against Verizon in connection with Verizon’s spin-off of its directories businesses.
  • Counsel to IDT Corporation in securing $25 million in defense coverage for IDT in a lawsuit brought by stockholders of a former IDT subsidiary who are alleging that a controlling shareholder of both IDT and a former subsidiary breached his fiduciary duties owed to the former subsidiary in order to benefit IDT’s interests.
  • Counsel to Pella Corporation in litigation pending in the Superior Court of Rhode Island against Factory Mutual Insurance Company (“FM Global”) alleging the insurer's breach of contract and bad faith denial of claims for COVID-related business interruption damages. The lawsuit seeks recovery of tens of millions of dollars in insurance coverage and raises novel issues of policy interpretation that concern FM Global’s unique policy form.
  • Counsel to Conduent, Inc. in securing monies for investigative and defense costs relating to a $260 million Medicaid settlement.
  • Counsel to Madison Square Garden Entertainment Corp. (“MSGE”) in seeking insurance coverage for derivative and class-action lawsuits brought by various stockholders of MSGE and MSG Networks, Inc. (“MSGN”) who are alleging wrongful acts and millions of dollars in damages resulting from a transaction in which MSGN merged with a subsidiary of MSGE in July 2021.
  • Counsel to Advanced Pain Management Holdings, Inc., a healthcare treatment facility operator, in its pursuit of insurance coverage for millions of dollars in defense and settlement costs incurred in connection with civil investigative demands issued by the Department of Justice and a qui tam lawsuit.  A successful mediation of the matter culminated in a favorable settlement.
  • Counsel to Crystal Windows and Doors, Ltd. in defending against a declaratory judgment action filed by its insurance company with respect to coverage owed for lawsuit alleging more than $10 million in water-related damages due to alleged defects in manufacture and installation of window curtain wall.
  • Representation of Philips Electronics North America Corporation and its subsidiary, TH Agriculture & Nutrition LLC, in an insurance coverage action brought in Cook County, Illinois, against more than 20 insurance companies for coverage of asbestos related liabilities. Plaintiffs ultimately recovered hundreds of millions of dollars.
  • Representation of multibillion-dollar window manufacturer and its subsidiaries in various insurance coverage actions against their general liability insurance carriers. These actions collectively seek to recover millions of dollars in defense and indemnity costs that the window manufacturer and its subsidiaries incurred in connection with underlying class action and individual lawsuits.
  • Representation of a private investment firm that was being investigated by the SEC and DOJ and sought coverage for the costs associated with defending against the investigation, including costs to respond to numerous subpoenas. As a result of this representation, the investment firm procured coverage for almost all of its defense costs.
  • Representation of another window manufacturer seeking insurance coverage for two underlying class action lawsuits pending against it in California state court, which resulted in a successful settlement in April 2010.

Recognition and Rankings

  • Named one of the 500 Leading Litigators in America by Lawdragon for 2023
  • Recognized by Benchmark Litigation as a "Litigation Star," 2023
  • Rated AV Preeminent (4.9 out of 5.0) by his peers in Martindale-Hubbell
  • Winner of National Law Journal’s 2020 Trailblazers Award for Plaintiffs’ Lawyers
  • Ranked in Chambers USA in New York for Insurance: Dispute Resolution: Policyholder (Band 3), 2019 - 2022
  • Recognized as "Next Generations Partner" - Insurance: Advice to Policyholders by Legal 500, 2019-2020
  • Recognized by The Legal 500 as a recommended lawyer in the United States for Insurance: Advice to Policyholders, 2015

Articles

  • Co-author, "Coverage for Defense Costs in Consumer Fraud Actions," Co-author with Robin Cohen and Sheri Hametz, New York Law Journal (August 12, 2010)

News/Insights

  • Law360: A Review’s Coverage Impact Likely Will Be Limited

    March 6, 2023·Media Coverage·less than a minute
  • ALM Delaware Law Weekly: In Rare Decision Setting Aside Jury Verdict, Delaware Judge Faults Lawyer’s Reference to Inadmissible Docs

    March 3, 2023·Media Coverage·less than a minute
  • Law360: Del. Judge Grants Ex-Xerox Unit New Trial, Scolds AIG Attys

    March 2, 2023·Media Coverage·less than a minute
  • Lawdragon: Lawyer Limelight: Keith McKenna

    January 4, 2023·News·2 minute read
  • Law360: Verizon Covered For $95M Fraudulent Transfer Settlement

    November 1, 2022·Media Coverage·2 minute read
  • Law360: Verizon Covered For $95M Fraudulent Transfer Settlement

    October 27, 2022·Media Coverage·less than a minute
  • Cohen Ziffer Founding Partners All Included In Lawdragon’s 500 Leading Litigators in America Guide

    October 25, 2022·News·less than a minute
  • Cohen Ziffer Recognized by Benchmark Litigation in 2023 Guide

    October 6, 2022·Media Coverage·2 minute read
  • New York Super Lawyers Recognizes 11 Cohen Ziffer Attorneys in 2022 Guide

    September 30, 2022·Media Coverage·less than a minute
  • Cohen Ziffer Frenchman & McKenna named Firm to Watch: Insurance: Advice to Policyholders by Legal 500

    June 8, 2022·News·less than a minute
  • Cohen Ziffer Frenchman & McKenna Recognized by Chambers USA in 2022 Guide

    June 1, 2022·News·less than a minute
  • The American Lawyer: One Year In, Boutiques Formed Mid-Pandemic See Bright Futures

    February 28, 2022·Media Coverage·2 minute read
  • Cohen Ziffer Named a Law360 Insurance Practice Group of the Year

    January 25, 2022·News·2 minute read
  • Cohen Ziffer Frenchman & McKenna Named Litigation Department of the Year for Insurance by New York Law Journal

    October 6, 2021·Media Coverage·2 minute read
  • Cohen Ziffer Frenchman & McKenna Named Insurance Litigation Department of the Year by the New York Law Journal

    August 10, 2021·Media Coverage, News·less than a minute
  • Chambers USA Recognizes Cohen Ziffer Frenchman & McKenna LLP in 2021 Guide

    May 20, 2021·News·less than a minute
  • Law.com: Superior Court: Insurance Definition Covers Verizon’s $24M in Defense Costs

    February 26, 2021·Media Coverage·less than a minute
  • The Insurer: Court rules Verizon can recover $24mn in defence costs from insurers

    February 26, 2021·Media Coverage·less than a minute
  • Business Insurance: Verizon can recover $24M in defense costs from AIG, others

    February 25, 2021·Media Coverage·less than a minute
  • Law 360: Verizon Notches Win In $95M Settlement Coverage Fight

    February 24, 2021·Media Coverage·less than a minute
  • Bloomberg Law: Verizon’s Insurers Owe $24 Million in Debt Deal Legal Costs

    February 24, 2021·Media Coverage·less than a minute
  • Insurance recovery lawyer lifts lid on COVID BI claims

    February 9, 2021·News·less than a minute
  • Lawdragon: Renowned Insurance Recovery Group Led By Robin Cohen Launches New Firm

    January 6, 2021·Media Coverage·less than a minute
  • Reuters: Daily Docket

    January 6, 2021·Media Coverage·less than a minute
  • Bloomberg Law: Wake Up Call

    January 6, 2021·Media Coverage·less than a minute
  • Claims Journal: Claims People: AF Group, Sedgwick and Cohen Ziffer

    January 6, 2021·Media Coverage·less than a minute
  • Property Casualty 360: Around the P&C insurance industry

    January 6, 2021·Media Coverage·less than a minute
  • Private Equity Wire: Insurance recovery specialist Robin Cohen launches new law firm

    January 6, 2021·Media Coverage·less than a minute
  • Bloomberg Law: McKool Smith Partners Leave to Form Insurance Recovery Practice

    January 5, 2021·Media Coverage·less than a minute
  • Reuters: McKool Smith insurance recovery leader takes partner group to launch boutique

    January 5, 2021·Media Coverage·less than a minute
  • Law360: Four Ex-McKool Partners Launch Insurance Coverage Firm

    January 5, 2021·Media Coverage·less than a minute
  • Business Insurance: Policyholder lawyers form new firm

    January 5, 2021·Media Coverage·less than a minute
  • The American Lawyer: 12-Lawyer McKool Smith Insurance Recovery Team Departs to Launch Boutique

    January 5, 2021·Media Coverage·less than a minute
  • Cohen Ziffer Lawyers Score High Marks in The Legal 500 (US) 2020 Edition

    June 22, 2020·News·less than a minute
  • The National Law Journal Recognizes Keith McKenna as “Trailblazer” in Plaintiff Litigation

    May 1, 2020·News·less than a minute
  • Cohen Ziffer Lawyers Recognized in the 2020 Edition of Chambers USA

    April 23, 2020·News·less than a minute
  • Law360 reports on Insurance Ruling for Conduent State Healthcare v. AIG Speciality Insurance Co.

    August 30, 2019·News·less than a minute
  • Keith McKenna Discusses the 9th Circuit Affirmation of the lower court ruling against Facebook with Business Insurance

    August 20, 2019·News·less than a minute
  • BestWeek Report: “Judge Rules Against AIG Units in $100 Million Texas Fraud Coverage Dispute”

    July 10, 2019·News·less than a minute
  • Mealey’s Emerging Insurance Disputes: Civil Investigative Demand Constitutes ‘Claim’ Under Professional Liability Policy

    June 27, 2019·News·less than a minute
  • Cohen Ziffer Lawyers Recognized in 2019 Chambers Rankings

    April 29, 2019·News·less than a minute
  • Media Coverage: Cohen Ziffer Lawyers Secure a Final Judgment for Verizon from the Delaware Superior Court

    May 8, 2018·News·less than a minute
  • Cohen Ziffer Lawyers Recognized in the 2018 Edition of Chambers USA

    April 24, 2018·News·less than a minute
  • Cohen Ziffer Lawyers Secure Summary Judgment for Pella Against Liberty Mutual

    January 19, 2018·News·less than a minute
  • Cohen Ziffer Lawyers Ranked in 2017 Edition of Chambers USA

    May 30, 2017·News·less than a minute
  • Law 360: Each Faulty Pella Window Claim Is 1 ‘Occurrence,’ Judge Says

    March 31, 2017·News·less than a minute
  • Law360: Cohen Ziffer Lawyers Secure $48 Million in Coverage for Verizon for Securities Transaction Claims

    March 15, 2017·News·less than a minute
  • Law360: Liberty Mutual Must Cover Faulty-Work Defense, Judge Rules

    November 1, 2016·News·less than a minute
  • “Delaware Deals A Blow To Insurers’ Delay Tactics”

    October 5, 2016·News·less than a minute
  • Cohen Ziffer Lawyers Obtain Another Landmark Insurance Decision in Viking Pump

    September 16, 2016·News·3 minute read
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Secure Another Landmark Decision On Trigger of Coverage, Assignment and Defense Cost Issues In Viking Pump

    September 13, 2016·News·3 minute read
  • Cohen Ziffer Lawyers Obtain Landmark Decision on Allocation of Liability in Viking Pump

    July 20, 2016·News·2 minute read
  • Insurance Coverage Alert: Cohen Ziffer Lawyers Obtain Landmark Decision on Allocation of Liability in Viking Pump

    May 12, 2016·News·2 minute read
  • Cohen Ziffer Lawyers Obtain Landmark Decision from New York’s highest court on Allocation of Liability in Viking Pump

    May 6, 2016·News·less than a minute
  • Government Investigations: Are You Covered?

    February 25, 2011·News·less than a minute
  • Coverage for Defense Costs in Consumer Fraud Actions

    August 12, 2010·News·less than a minute

Primary Sidebar

  • My Approach
  • Overview
  • Experience Highlights
  • Relevant Experience
  • Recognition and Rankings
  • Articles
  • News/Insights

Education

  • Rutgers School of Law (JD, Order of the Coif, 1997)
  • Rutgers University (BA, 1993)

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
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