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Introduction
Kevin is a trial attorney representing clients across multiple industries dealing with commercial, real estate and products liability litigation. Additionally, he defends criminal matters and represents clients under investigation by U.S. Attorneys General. He also works with a broad range of U.S. and non-U.S. clients to help them navigate complex export control matters concerning the U.S. Department of Commerce’s Export Administration Regulations (EAR), the U.S. Department of the Treasury’s Office of Foreign Asset Control (OFAC) and the U.S. Department of State’s International Traffic in Arms Regulations (ITAR).
Kevin is currently a colonel in the Marine Corps Reserves, most recently serving as the Assessments Officer with II Marine Expeditionary Force, Camp Lejeune, North Carolina. He has been in the Marine Corps since 1991, first as an enlisted Marine with 8th Tank Battalion and then as an officer, both active and reserve, including as the commanding officer of a reserve infantry unit activated in support of Operation Iraqi Freedom.
My focus
Complex Commercial Litigation and Real Estate Litigation
I focus on a wide variety of commercial disputes including contracts, real estate, intellectual property, insurance and business torts. I have experience in all phases of litigation, from trial to verdict, as well as alternate dispute resolution. I leverage my extensive motion and trial experience in state and federal courts, both at Nixon Peabody and as a federal prosecutor in the U.S. Marine Corps.
Products Liability Litigation and Toxic Tort Litigation
I focus on and have significant experience defending product liability litigation for pharmaceutical companies, consumer goods manufacturers and premises defendants in exposure cases alleging negligence, product and design defects and failure to warn. I have represented these clients in jurisdictions throughout the United States.
Export Compliance
I advise clients on their internal compliance processes through the use of compliance manuals and classification charts and checklists. I work with clients to develop ITAR compliance strategies and advise them on the necessary processes required of businesses, including registration, licensing and disclosures. My regulatory experience involves analyzing and interpreting the ITAR, the EAR and the U.S. sanctions laws administered by OFAC and helping clients understand new developments.
Looking ahead
Knowledge of rapidly developing technology combined with effective case strategy offers the most effective and efficient solution to assist clients in navigating a case through its life cycle and achieving a successful outcome.
Insights
Publications
- “Department of Homeland Security issues ‘Best Practices for Protecting Privacy’ in UAS Programs,” NP Privacy Partner blog, January 29, 2016.
- “FAA announces drone registration process,” NP Privacy Partner blog, December 17, 2015.
- “Trends and compliance in Foreign Corrupt Practices Act,” Rochester Business Journal, March 20, 2015 (Coauthor).
- “One Team, One Fight—One Community’s Integrated Approach to Veterans Issues,” New York State Bar Association Pro Bono News, Veterans Edition 2013. (Coauthor).
- “Contacting and Compensating a Non-Party/Former Employee Fact Witness: The Legal and Ethical Issues,” Product Liability Law & Strategy, July 1, 2013 (Coauthor).
- “Computer-assisted review approved by SDNY,” Nixon Peabody Electronic Discovery and Evidence Law Alert, March 1, 2012 (Coauthor.)
- “The Zubulake Preservation Standard Now Applies in the First Department,” Nixon Peabody Electronic Discovery and Evidence Law Alert, February 13, 2012 (Coauthor).
- “Wyeth v. Levine: The Final Act of the Preemption Drama,” Law Journal Newsletter's Product Liability Law & Strategy, November 1, 2008 (Coauthor).
Presentations
- “E-Discovery,” Monroe County Bar Association CLE program, May 2, 2012. (Chair)
- “Prisoners 1983 Civil Rights Litigation,” Monroe County Bar Association CLE program, July 5, 2011. (Panelist)
- “Important Considerations for Contracting with the Government,” Nixon Peabody client CLE program, June 9 and 10, 2011. (Co-presenter)
- “E-Discovery,” Monroe County Bar Association CLE program, April 14, 2011. (Co-presenter)
- “E-Discovery Best Practices in New York State and Federal Courts,” Nixon Peabody client CLE program, November 19, 2010. (Co-presenter)
- “Privilege, Work Product and Internal Investigations,” Nixon Peabody client CLE program, May 20, 2010. (Co-presenter)
In the news
- The Daily Record
Lawyers learn from pro bono service
Rochester Complex Commercial Disputes counsel Kevin Saunders discusses his pro bono work on prisoners’ rights cases in this article, which also highlights Nixon Peabody’s strong firmwide stats for pro bono service in 2018.April 1, 2019 - Democrat and Chronicle
Developers Get Key Town Approvals to Move Forward with Whole Foods in Brighton
Rochester commercial litigation counsel Kevin Saunders, who is the representing the neighborhood advocacy group Clover/Allens Creek Neighborhood Association, is quoted in this article is about a recent town board meeting in Brighton, New York, regarding the contentious issue of a Whole Foods project, which is considered one of the area’s largest development projects in decades.March 28, 2018 - The Daily Record
MCC hosts Valor Day for ‘One Team One Fight'
This article discusses the Valor Day fair for veterans and active/reserve duty members of the Armed Forces. Rochester commercial litigation counsel Kevin Saunders is quoted and highlighted as a co-founder of the One Team One Fight initiative, which provides a one-stop resource for veterans seeking help with legal issues. Rochester associate Isaac Figueras is also mentioned as a volunteer.June 21, 2016 - Government Contracting Law Report
The Rising Tide of Suspensions and Debarments in Government Contracts
In the second of this two-part column, Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders discuss the increasing the number of suspensions and debarments among government contractors.June 10, 2015 - Government Contracting Law Report
The Rising Tide of Suspensions and Debarments in Government Contracts
Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders coauthored this column, the first of two in this series, on how the current environment is increasing the number of suspensions and debarments among government contractors.May 1, 2015 - Rochester Business Journal
Trends and Compliance in Foreign Corrupt Practices Act
Rochester M&A and Corporate Transactions partner Jeff LaBarge, Rochester Commercial Litigation counsel Kevin Saunders, Providence Government Investigations & White Collar Defense counsel Charles Tamuleviz, and Boston Government Investigations & White Collar Defense associate Emily Sy co-authored this article on trends and compliance in FCPA in light of the DOJ’s increased enforcement efforts.March 20, 2015 - Law360
Take Extra Steps When Social Media Page Is Evidence
Partner and Commercial Litigation practice group co-leader Jon Sablone, Providence counsel Steven Richard and Rochester associate Kevin Saunders authored this column discussing the foundational prerequisites to authenticate and admit website evidence that must be developed before presentation at trial.Oct 10, 2014 - Law360
SCOTUS Cert Skirt Left Door Open For Cy Pres Tune-Up
This column discusses the U.S. Supreme Court’s denial of a petition for a writ of certiorari in Marek v. Lane. New York City Commercial Litigation partner Chris Mason, San Francisco Commercial Litigation partner Bruce Copeland, Manchester Commercial Litigation associate Dan Deane and Rochester Products: Class Action, Industry & Trade Representation associate Kevin Saunders authored the piece.Nov 8, 2013
Admitted to practice
New Jersey
New York
Pennsylvania
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
Education
St. John Fisher College, B.A., cum laude
Syracuse University College of Law, J.D.
University of Rochester, Simon School of Business, M.B.A.
Professional activities
- Board member, Legal Assistance of Western New York (LawNY)
- Simon School Executive MBA Program Alumni Advisory Board
- New York State Bar Association
- Monroe County Bar Association
- Former chair, Veterans Committee
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Commercial Litigation, Product Liability Litigation—Defendants, and Litigation—Real Estate
- Listed in Best Lawyers since 2019
- Named the Best Lawyers® 2023 Litigation - Real Estate “Lawyer of the Year”
- Named Best Lawyers® 2021 Product Liability Litigation—Defendants “Lawyer of the Year” in Rochester, NY
- Awarded the 2024 New York State Bar Association’s Committee on Veterans' Honor Roll
- Recommended in The Legal 500 United States 2024 editorial in the area of Dispute resolution - Product liability, mass tort and Class action: Toxic tort - defense
- Awarded the 2014 New York State Bar Association’s President’s Service Pro Bono Award for the 7th Judicial District for his work on behalf of veterans
- Co-founded One Team, One Fight, which addressed veterans’ employment, education, medical, psychological, housing and legal needs
- Recipient of the 2011 Pro Bono Award, presented by the United States District Court for the Western District of New York State
- The award recognizes “distinguished work representing indigent civil litigants, often in civil rights cases,” along with “extraordinary commitment, dedication, skill and professionalism in ensuring equal access to justice for all,” according to Chief Judge William M. Skretny.
Best Lawyers in America© periodically reviews lawyer credentials and solicits, reviews and evaluates peer feedback in determining who receives recognition. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or any other applicable state bar reviewing authority.
Insights And Happenings
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View AllJoseph J. Ortego
Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation- New York
- Office:+1 212.940.3045
- jortego@nixonpeabody.com
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