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Biography

Kevin’s practice spans the areas of oil and gas litigation, energy law, and business, contract and real property law. He has provided counsel to clients on a wide range of legal matters including risk management alternatives, claims assessment, and litigation strategy. Kevin was drawn to practice energy law by the entrepreneurial spirit and potential of the burgeoning oil and gas industry in Appalachia. He is formerly the Partner-in-Charge of FBT’s Pittsburgh office.

Kevin is a frequent author and speaker on legal issues facing the oil and gas industry, having presented at the EMLFโ€™s Annual Institute, Kentucky Mineral Law Conference, CAILโ€™s Institute for Energy Law and Law of Shale Plays Conference and numerous other bar and industry sponsored conferences. He is a regular advocate for the oil and gas industry at the State Capitol in Harrisburg. He served as a Member and Committee Co-Chair of the Marcellus Shale Roundtable sponsored by the University of Pittsburghโ€™s Institute of Politics. He serves as an officer and trustee for the Energy and Mineral Law Foundation. Kevin is a member of the United Way of Allegheny County’s Tocqueville Society and the Advisory Board of the Salvation Army of Greater Pittsburgh, in addition to involvement with various local universities and charities. Kevin is AV rated by the Martindale-Hubbell Law Directory.

Kevin's Relevant Experience

Energy & Environmental Representation

Representation of oil and gas exploration and production company in first ever application for compulsory unitization in furtherance of unconventional well development under Pennsylvaniaโ€™s Oil and Gas Conservation Law. (Pa. Dept. of Environmental Protection/Pa. Environmental Hearing Board).

Representation of oil and gas exploration and production company in action by coal operator to recover damages for coal allegedly rendered inaccessible by virtue of unconventional well pad development. (U.S. District Court for the Middle District of Pennsylvania).

Representation of midstream company in a dispute brought by a coal operator for allegedly sterilized coal. (Belmont County Ohio Court of Common Pleas)

Representation of midstream company in connection with construction disputes stemming from natural gas processing facilities.

Representation of oil and gas exploration and production company in substantive validity challenge to zoning ordinance and zoning permit challenge before municipal zoning hearing board. (Middlesex Twp., Butler Co., PA Zoning Hearing Board, affirmed, Court of Common Pleas of Butler County, Pennsylvania).

Represented an exploration and production company in evaluating and defending allegations from citizens that its drilling activities had caused contaminants, including possibly chemicals used in hydraulic fracturing, and methane migration to adversely impact their residential private drinking water supplies; and in evaluating the companyโ€™s pre- and post-drilling environmental investigations, including providing legal advice with respect to those practices.

Representing oil and gas exploration and production company in class action litigation brought by putative lessors seeking to enforce terms of non-binding lease offers (U.S. District Court for the Western District of Pennsylvania).

Representing oil and gas exploration and production company in oil and gas lease litigation brought by landowner coalition (Jefferson County, Ohio Court of Common Pleas).

Representing oil and gas exploration and production company in defense of action seeking equitably enforce purchase and sale agreement following termination (Private Arbitration, Pittsburgh, PA).

Represented an oil and gas exploration and production company in private water well contamination disputes (various Courts of Common Pleas).

Representation of metals producer and tier one automotive supplies in vendor dispute (Private Arbitration, Pittsburgh, PA).

Represented oil and gas lessees in royalty and lease avoidance litigation (U.S. District Court for the Western District of Pennsylvania and various Courts of Common Pleas).

Representing oil and gas exploration and production company in contractual dispute involving drill pipe failure (Courts of Common Pleas Beaver County).

Represented an oil and gas exploration and production company in land use and zoning disputes (Court of Common Pleas Butler County).

Represented an oil and gas exploration and production company in the settlement of a class action royalty dispute (Court of Common Pleas Westmoreland County).

Represented a quarry products manufacturer in a warranty and misrepresentation action brought by a quarry operator to recover alleged lost profits; unanimous jury verdict May 2011 (Court of Common Pleas Lawrence County).

Represented an environmental testing laboratory and laboratory personnel in an action brought by a homeowner alleging the laboratoryโ€™s error and omission in its performance of asbestos abatement testing (Court of Common Pleas Allegheny County).

Construction Representation

Represented an architect in a premises liability claim involving allegations of architectural design defects at a hospital professional building resulting in personal injury to a hospital patron (Court of Common Pleas Cambria County).

Represented an architect in a dispute involving a municipal owner and consulting HVAC engineer in a claim arising from alleged design specification errors in the geothermal heating system for an intermodal transportation center (Private Arbitration, Erie, PA).

Represented an architect in a claim by a general contractor for delay and disruption arising out of the construction of an athletic sports complex at a high school in Erie County, Pennsylvania (Private Arbitration, Erie, PA).

Represented an architect in a claim by a school district alleging error/omission in connection with project change orders (private arbitration).

Represented an engineering firm in a breach of contract claim brought by a municipality stemming from the failure of ductile iron piping at a water treatment facility; the case involved multiple party defendants and allegations of improper design specifications and negligent workmanship (Court of Common Pleas Allegheny County).

Represented a structural engineer in an error/omission claim following the collapse of a structure caused by excavation subsidence (Court of Common Pleas Allegheny County).

Represented a commercial real estate developer in a successful challenge to the public bidding process and award of contract for the sale of school property; the case is reported atย Fedorko Properties, Inc. v. Millcreek Twp. School Dist., 755 A.2d 118 (Pa. Commw. 2000), allocator denied, 771 A.2d 1289 (Pa. 2001).

Represented a commercial real estate developer in an easement and boundary line injunction action involving construction of a multimillion-dollar shopping center facility; the case is reported atย Fedorko Properties, Inc. v. C.F. Zurn and Associates, 720 A.2d 147 (Pa. Super. 1998).

Business Representation

Represented an international commodities broker in a contractual procurement dispute with a purchaser over anti-dumping tariff and import duty obligations (U.S. District Court for the Western District of Texas (El Paso)).

Represented an international commodities broker in an economic loss and product contamination claim brought by a petrochemicals manufacturing compounder following a warehouse shipment error (Private Arbitration, Ontario, Canada).

Represented a business owner in a partnership dispute and business separation (private arbitration).

Law Firm Representation

Represented Mississippi asbestos personal injury lawyers in a legal malpractice class action brought on behalf of a class of approximately 3,600 asbestos clients in Pennsylvania, Ohio, and Indiana.

Other Representation

Represented a manufacturer in products liability/toxic tort litigation involving alleged exposure to silica-containing products (Kanawha County, West Virginia).

Represented the County of Allegheny pro bono in an action challenging the constitutionality of the Ten Commandments display at the Allegheny Courthouse; the case is reported at Modrovich v. Allegheny County, 385 F.3d 397 (3rd Cir. 2004) (U.S. Court of Appeals for the Third Circuit).

Other Info About Kevin

Education

Law School

Duquesne University, J.D., 1997

Graduate School

Pepperdine University Caruso School of Law, Straus Institute for Dispute Resolution, Masters of Laws (LL.M.) in Dispute Resolution, 2020

Undergraduate School

Indiana University of Pennsylvania, B.A., magna cum laude, 1994

Bar Memberships

Kevin is licensed to practice in the following state(s):

Pennsylvania, 1997

Ohio, 2013

Texas, 2018

Courts

Kevin is admitted to practice before the following court(s):

Supreme Court of the United States

U.S. Court of International Trade

U.S. Court of Appeals for the Third Circuit

Supreme Court of Pennsylvania

U.S. District Court for the Southern District of Ohio

U.S. District Court for the Middle District of Pennsylvania

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

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

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

U.S. District Court for the Southern District of New York (Pro Hac Vice)

U.S. District Court for the Eastern District of Virginia (Pro Hac Vice)

U.S. Bankruptcy Court for the Northern District of California (Pro Hac Vice)

U.S. Bankruptcy Court for the District of Delaware (Pro Hac Vice)

U.S. Bankruptcy Court for the Western District of Kentucky (Pro Hac Vice)

U.S. Bankruptcy Court for the Western District of Pennsylvania

Recognition

Local & National Recognition

Chambers USA, Energy & Natural Resources, 2021-2023

The Best Lawyers in Americaยฎ, Construction Law, 2024; Energy Law, 2021-2024; Oil and Gas Law, 2024

AVยฎ Rated, Martindale-Hubbellยฎ

Named to โ€œWhoโ€™s Who in Energy,โ€ 2011, 2012, 2014 by theย Pittsburgh Business Times

Selected for inclusion inย Pennsylvania Super Lawyersยฎ โ€“ Energy & Natural Resources, 2013-2023 and Rising Starsยฎ, 2005-2007; 2010-2012

Professional Affiliations

Professional Affiliations & Memberships

Pennsylvania Bar Association

Ohio State Bar Association

State Bar of Texas

Allegheny County Bar Association

Erie County Bar Association

U.S. Court of International Trade Bar Association (inactive)

Energy and Mineral Law Foundation, President, 2020-2021; Vice President/President-Elect, 2019-2020

University of Pittsburgh Institute of Politics, Marcellus Roundtable Member

Leadership Pittsburgh XXII Graduate

Civic Activities

Civic & Charitable Organizations

Salvation Army of Greater Pittsburgh, Advisory Board Member, Chair

Seton Hill University, Board of Trustees, 2013-2019

Allegheny County Parks Foundation, Board of Directors, 2008-2013

United Way of Allegheny County, Tocqueville Society

Erie County Board of Viewers, Former Chairman

Presentations

Kevin was invited to speak at the following events:

Presenter, โ€œUnderstanding the Alternatives in ADR,โ€ Association of Corporate Counsel, Western Pennsylvania Chapter, May 2021.

Presenter, โ€œLegal Ethics and American Political Scandal: Pennsylvaniaโ€™s Recent Supreme Court Scandal Explored Through the Lens of the Historical Development of American Legal Ethics,โ€ Energy & Mineral Law Institute.

Moderator, โ€œLitigation Update โ€“ Hot Topics and Future Disputes,โ€ IELโ€™s 6th Law of Shale Plays Conference, Pittsburgh, PA, September 10-11, 2015.

Presenter, โ€œRecent Developments in Oil and Gas Law,โ€ Energy & Mineral Law Foundationโ€™s 36th Annual Institute, Amelia Island, FL, June 21-23, 2015.

Presenter, โ€œIEL Forum,โ€ IELโ€™s 66th Annual Oil & Gas Law Conference, Houston, TX, February 2015.

Presenter, โ€œThis Yearโ€™s Hot Issues in Leasing,โ€ IELโ€™s 5th Law of Shale Plays Conference, Pittsburgh, PA, September 2014.

Presenter, โ€œLandman at the Door,โ€ EMLFโ€™s 2014 Kentucky Law Mineral Law Conference, Lexington, KY, October 2014.

Presenter, โ€œMarcellus Shale Development,โ€ St. Barnabas Health Systemโ€™s CEO Leadership Conference, Gibsonia, PA, September 2014.

Presenter, โ€œDefensible Title: Curative Requirements and Waiver in Acquisitions and Title Certifications,โ€ Energy & Mineral Law Foundationโ€™s 35th Annual Institute, White Sulphur Springs, WV, June 1-3, 2014.

Presenter, โ€œLessorsโ€™ Remorse: Lease Bustin in Appalachia,โ€ Noble Energy Land Forum, December 2013.

Presenter, โ€œJurisdictional Considerations for the Oil and Gas Practitioner,โ€ EMLF Kentucky Law Mineral Conference, October 2013.

Presenter, โ€œPooling and Unitization in the Marcellus and Utica Shales: Pennsylvaniaโ€™s Challenges and Opportunities,โ€ Chevron Land Symposium, October 2013.

Presenter, โ€œRecent Developments in Oil and Gas Law,โ€ IELโ€™s Annual Oil and Gas Conference, February 2013.๏€ 

Presenter, โ€œ2012 United States Oil and Gas Law Update,โ€ IELโ€™s 64th Annual Oil and Gas Law Conference, February 2013.

Presenter, โ€œLessorsโ€™ Remorse โ€“ Lease Bustinโ€™ in the Appalachia,โ€ EMLF Kentucky Mineral Law Conference, October 2012.

Presenter, โ€œDeveloping an Oil and Gas Infrastructure CLE,โ€ Allegheny County Bar Association, May 2012.

Presenter, โ€œInfrastructure Issues in Oil and Gas Development CLE,โ€ Pennsylvania Bar Association Institute, March 2012.

Presenter, โ€œDeveloping Jurisprudence in the Marcellus Shale,โ€ EMLF at 32 Energy & Min. L. Inst. 269-301, 2011.

Presenter, โ€œMarcellus Shale Oil and Gas Case Update,โ€ EMLF Kentucky Mineral Law Conference, September 2011.

Presenter, โ€œOil and Gas Related Litigation CLE,โ€ Washington County Bar Association, May 26, 2011.

Presenter, โ€œImporter Security Filings and Additional Carrier Requirements (a.k.a. 10+2) โ€“ Flexible Enforcement Draws to a Close, and Customs Publishes New Guidelines for the Mitigation of Penalties,โ€ Communiquรฉ, August 2009.

Presenter, โ€œInternational Unfair Trade Practice Remedies in Tough Economic Times,โ€ Thorp Reed & Armstrong seminar, June 2009.

Major Publications

Kevin is an author or contributor to the following publications:

Co-author, โ€œLegal Ethics and American Political Scandal: Pennsylvaniaโ€™s Recent Supreme Court Scandal Explored Through the Lens of the Historical Development of American Legal Ethics,โ€ Energy & Mineral Law Institute, Volume 37, 2017.

Co-author, โ€œRecent Decisions in Oil and Gas Jurisprudence,โ€ Energy & Mineral Law Institute, Volume 36, March 2016.

Author, โ€œJohn Kasichโ€™s proposed tax increase on the oil, gas, industry likely to be crippling,โ€ Cleveland Plain Dealer, February 12, 2015.

Author, โ€œFracking is making the state and Phil. Energy leaders,โ€ Philadelphia Inquirer, February 2, 2015.

Author, โ€œDonโ€™t Kill the Golden Goose,โ€ Pittsburgh Post Gazette, June 1, 2014.

Author, โ€œModernize Pa.โ€™s Oil and Gas Conservation Law,โ€ Pittsburgh Business Times, January 11, 2013.

Author, โ€œCompulsory Pooling and Unitization in the Marcellus Shale, Pennsylvaniaโ€™s Challenges and Opportunities, Pennsylvania Bar Association Quarterly, Vol. 83, No. 2, April 2012.

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