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Brett Kahn
OVERVIEW

Brett D. Kahn

Partner

New Jersey

67 E. Park Place         
Suite 1000
Morristown, NJ 07960

P 973-775-6106

F 973-775-6102

Brett Kahn focuses his practice on contract disputes, particularly insurance coverage matters on behalf of policyholders. He also has successfully represented clients in litigation involving real estate, construction, services contracts, product liability, employment, benefits, and title insurance issues. Additionally, he has transactional experience with corporate, insurance and healthcare matters.

OVERVIEW

Brett Kahn focuses his practice on contract disputes, particularly insurance coverage matters on behalf of policyholders. He also has successfully represented clients in litigation involving real estate, construction, services contracts, product liability, employment, benefits, and title insurance issues. Additionally, he has transactional experience with corporate, insurance and healthcare matters.

Brett’s practice primarily involves contractual and commercial litigation matters arising in state and federal court and in domestic and international arbitrations.  He seasons his practice by consulting with clients on day-to-day and strategic business transactions.

Supporting a broad range of policyholder clients, including some of the nation’s largest corporations and industrial concerns, mid-cap and small business entities and individuals, Brett has helped secure billions of dollars in insurance assets judgment and settlement. His coverage experience includes analyses of general liability, professional liability, directors and officers liability, errors and omissions, construction Owner-Controlled Insurance Program and Contractor-Controlled Insurance Program wrap-ups, builders risk policies, crime and cyber liability policies, and fidelity bonds.

Brett also counsels clients on pre-litigation, litigation and alternative dispute resolution options, guides policyholders on the structuring of their insurance programs, and helps negotiate the terms of new and renewal policies to ensure favorable terms that benefit clients in the event of a claim. He also has advised clients on Food and Drug Administration and Securities and Exchange Commission regulatory issues.

Brett has served as pro bono counsel for several clients seeking expungement of criminal records, all successful. Additionally, he has acted as pro bono counsel in a pension case before an administrative law judge during a multi-day plenary hearing and subsequent appellate proceedings before the New Jersey Superior Court, Appellate Division.

Professional and Community Involvement

Former chair, New Jersey State Bar Association Insurance Law Section

Member, New York State Bar Association

Honors

The Best Lawyers in America, 2023-2025

NJBIZ Leaders in Law, 2024

New Jersey Super Lawyers, Rising Star, 2015-2022

New Jersey Law Journal, Dealmakers (Cannabis), 2022

New Jersey Law Awards, New Leader of the Bar, 2022

EXPERIENCE
Experience
  • Successfully represented a professional liability insurance broker and managing general agent in profit/loss sharing dispute under agreements with a medical malpractice insurer
  • Performed due diligence on behalf of various hospitals in transactions involving mergers with other hospitals or into larger hospital systems as part of acquisitions
  • Served as counsel for a product manufacturer in federal court litigation regarding a product liability dispute with a customer-hospital resulting in a favorable settlement
  • Represented a credit advance company in a coverage dispute with D&O insurer resulting in coverage for policyholder
  • Served as coverage counsel for a product manufacturer in relation to the sale of subsidiary companies in multiple transactions
  • Facilitated favorable settlement for a healthcare credentialing company in New York state court litigation involving professional negligence of a software vendor
  • Served as counsel for a global auto-manufacturer in a coverage dispute requiring an expedited and successful negotiation of an insurer’s contribution towards settlement in underlying litigation
  • Represented property owners in various contract-related construction disputes culminating in favorable settlements
  • Served as counsel for multiple policyholders in successful coverage cases to recover for losses arising from alleged environmental damage at various sites across the country
  • Procured benefits for a company in the legal industry and its employees under long-term disability benefits policies
  • Served as counsel for a large title insurance agency in litigation regarding a contract dispute with former independent contractor that culminated in a successful jury verdict on all counts in New Jersey state court
  • Represented an agricultural product manufacturer in successful New Jersey state court coverage litigation against dozens of insurers with over $100 million at stake
  • Served as counsel for a global pharmaceutical company in several successful insurance arbitrations before London tribunals with hundreds of millions of dollars in dispute
Presentations
  • New Jersey Chapter of the CPCU Society I-Day 2020, “COVID-19 – An Insurance Discussion: Steps, Mis-Steps, Perceptions and the Future,” October 16, 2020
  • New Jersey State Bar Association Insurance Coverage Boot Camp, “Reading Insurance Policies: Basic Concepts and Policy Interpretation,” November 6, 2019
  • Seminar, “Fundamentals of Insurance Coverage,” October 2019
  • New Jersey State Bar Association Insurance Law Section, “Insurance Law Boot Camp,” July 2019
  • New Jersey State Bar Association 2019 Annual Meeting and Convention, “What Is Cyber Insurance and How Is the Market Responding?” May 16, 2019
Publications
  • “CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage,” LexisNexis Emerging Issues Analysis 5892, Research Solutions, September 2011
  • “Coverage for Cyber Risks,” Coverage: Section of Litigation, American Bar Association, Volume 21, Number 23, May/June 2011
  • “The Initial Steps,” Co-authored chapter in Third Circuit Appellate Practice Manual, 2nd and 3rd editions, PBI Press, December 2010; September 2016
INSIGHTS & EVENTS
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