KCR serves as counsel for businesses, individuals and as "lawyers' litigators." It frequently handles matters referred by larger firms with conflicts of interest, by smaller firms without the litigation expertise to handle a particular matter, and by bankruptcy trustees seeking to pursue claims on behalf of a bankruptcy estate. KCR represents public companies, family businesses, public employee unions, and individual entrepreneurs, as both plaintiffs and defendants, in negotiation, litigation and alternative dispute resolution.
KCR attorneys strive to be responsive, efficient, and hands on. They are guided by the following principles:
- Determine at the outset what the client wants and needs. Use litigation constructively to obtain the objectives;
- Do not tell a client only what he or she wants to hear. Call it as you see it and objectively evaluate a case;
- Make sure the client understands the economics of the litigation with careful consideration of the cost/benefit analysis. The objective and likely result must warrant the expense;
- Consider using alternative dispute resolution when it can expedite and minimize the cost of resolving the conflict through mediation, arbitration or a customized ADR process;
- Develop a strategy and theme at the beginning; decide what has to be proven and how to prove it efficiently;
- Be effective -- aggressive when necessary and conciliatory when appropriate;
- In arguing a point, less is often more; and,
- Clarity and simplicity make for excellence in written and oral advocacy.
The successful implementation of these principles has led to significant results including:
- A $100 million settlement of aiding and abetting claims brought by a bankruptcy trustee of a failed sub-prime lender against several Wall Street investment banks that had extended warehouse financing and had served as underwriters for the failed lender's securitization of sub-prime mortgages. The case - filed in 2006 - was one of the first to come to trial in state court arising out of the melt-down of the sub-prime mortgage industry;
- A $20 million settlement of claims brought by a bankruptcy trustee against the former counsel of the debtor;
- A $16.5 million settlement of claims brought by a bankruptcy trustee against former officers and directors of the debtor;
- A $24 million judgment in a lender liability action against a large national bank;
- A $17.5 million settlement of claims brought by a bankruptcy trustee against the former auditor of the debtor;
- A $15 million settlement in a dispute involving a failed joint venture;
- An eight figure judgment in a breach of contract action against a broadcasting company;
- A $12 million settlement on behalf of a bankruptcy trustee;
- A $6 million judgment in a business valuation/minority shareholder rights action in Delaware Chancery Court;
- A $5 million recovery in a personal injury action; and,
- A $2 million settlement on behalf of a corporate plaintiff defrauded into making a tax advantaged investment.
An article surveying Pennsylvania verdicts/settlements for 2009 reported KCR as having the first ($100 million) and seventh ($20 million) largest verdicts/settlements for that year. The Legal Intelligencer, March 9, 2010 (Supplement), p.7.
For 2014, the Firm was named to the "Best Law Firms" List by U.S. News & World Report and Best Lawyers, as a Tier 1 (top tier) firm in Philadelphia in the areas of Commercial Litigation, Litigation - Banking and Finance and Litigation - Bankruptcy.