Education
-
Fordham University School of Law, J.D., magna cum laude, 1986
-
Princeton University, B.S.E, 1975
Bar Admissions
Court Admissions
-
U.S. Supreme Court
-
U.S. Courts of Appeals for the Federal Circuits
Awards and Honors
|
|
| |
For more than 20 years, Kevin Toner has successfully litigated a broad range of complex high stakes commercial disputes in various courts. His extensive experience includes representing clients with regards to antitrust and securities litigation, contract disputes, business torts, corporate governance, alternative dispute resolution, and internal corporate investigations.
Mr. Toner’s experience includes representing the unsecured creditors’ committee in the largest bankruptcy in Florida history, advising an underwriter in consolidated class actions believed to be the largest securities litigation in history, and leading the successful defense of an innovative antitrust suit involving employers and labor unions.
Mr. Toner has been named a New York SuperLawyer in antitrust and business litigation each year since 2006 and appears as an expert commentator on litigation matters for the Bloomberg TV network. He has also presented and written on litigation matters for the New York State Bar Association, Forbes, and other organizations.
Mr. Toner joined Patton Boggs from Heller Ehrman LLP, where he had been a partner and co-head of New York litigation from 2000-2002.
Prior to practicing law, Mr. Toner was an aerospace engineer associated with the Princeton Center for Energy and Environmental Studies and was a consultant/contractor to the U.S. Nuclear Regulatory Commission.
Representative Matters
Litigation
- Served as lead counsel for major electrical contractors in novel antitrust action alleging contractors conspired with a labor union to violate federal and state antitrust laws; won summary judgment; appeal sub judice.
- Achieved dismissal of $500 million state court claim arising from private equity transaction, successfully defended appeal.
- Led trial team representing one of two unsecured creditors' committees in the largest bankruptcy in Florida history; improved the negotiated recovery from 32 % in equity to 65% in cash after several days of evidentiary hearings.
- Acted as lead counsel for an underwriter in the IPO Securities Litigation Cases, approximately 1,000 consolidated class actions said to be the largest securities litigation in history.
- Represented major accounting firm in the Parmalat Securities Litigation, a consolidated class action arising out of Europe’s largest financial fraud.
- Represents Special Committee of Board of public medical device company with respect to investigation of criminal wrongdoing.
- Lead/Principal Investigator for Audit Committee of a public software company in investigation of allegedly inappropriate accounting practices.
- As lead counsel for internet application company, succeeded in dismissal of related state class action and federal securities claims with an award of sanctions.
- Represented Visa U.S.A. in a major antitrust action brought by the United States government. The Department of Justice alleged that Visa’s practice of permitting its member banks that issue Visa cards also to issue MasterCards and participate in MasterCard’s governance violated the Sherman Act by stifling payment card innovation.
- Represented major investment bank in Section 12(2) securities litigation in United States Court of Appeals; drafted successful petition for writ of certiorari in the Supreme Court.
- Represented major software company in trade secrets case arising from aborted multibillion dollar corporate takeover.
- Represented major institutional money manager in litigation presenting novel issues of whether manager and customers constitute a "group" for federal securities law purposes.
- Represented underwriter in securities class actions in the fiber optic and telecommunications switch industries.
- Represented start-up internet company in trade secrets litigation with Reuters subsidiary.
- Represented investment bank in fee litigation in federal court.
- Represented children’s apparel manufacturer in trade dress litigation.
- Accountant’s liability action, including successful state appeal, on behalf of major international bank.
- Antitrust counseling to the underwriters in the second-largest Initial Public Offering in history as of 1986.
Alternative Dispute Resolution
- Successfully represented major accounting firm in AAA arbitration arising from $55 million corporate transactions.
- Successful trial before AAA arbitrators of multi-million dollar fee claim against institutional money manager client.
- Trial in California before JAMS of contract dispute arising from sale of pioneer stock quotation business; multimillion-dollar claim reduced to agreed escrow of approx. $250,000. Trial before AAA arbitrators of fee claims by money manager; 100% recovery of claim. Several successful trials of contract claims by investment advisors for fees arising out of business acquisitions; one of which resulted in settlement in excess of claim during trial.
Professional Affiliations:
- New York State Bar Association
- Executive Committee Member, Antitrust Section of New York State Bar Association
- The Association of the Bar of the City of New York
|
|
|