Current Role
  • Senior Counsel, Hagens Berman Sobol Shapiro LLP
  • Concentrates on appeals involving consumer rights, investor fraud and antitrust litigation
  • Certified Appellate Specialist, State Bar of California Board of Legal Specialization (since 2006)
Recognition
  • Super Lawyer, 2008-2024
  • Outstanding Service Award, Legal Aid Society of San Diego, 2015
Notable Decisions
  • In re: Lithium Ion Batteries Antitrust Litigation, rejecting objections to fee award
  • Colbert v. Rio Tinto PLC, vacating dismissal of securities fraud complaint
  • Mayall v. USA Water Polo, recognizing duty to implement concussion protocols in youth water polo
  • Hernandez v. Restoration Hardware, unnamed class members must intervene for standing to appeal
  • Friedman v. AARP, Inc., UCL claim alleged where AARP unlawfully transacted insurance without license
  • George v. Urban Settlement Serv., reinstating RICO complaint against Bank of America
  • Wong v. Accretive Health, upholding $14 million securities settlement
  • Lynch v. Rawls, first Ninth Circuit reversal on presuit demand requirement
  • Kwikset Corp. v. Superior Court, elaborating UCL standing prerequisites
  • Luther v. Countrywide Fin. Corp., allowing Securities Act class action to proceed in state court, later approved in Cyan, Inc. v. Beaver County. Employees. Retirement Fund
  • In re F5 Networks, Inc. Derivative Litigation, Washington follows demand futility standard, not universal demand rule
  • Alaska Elec. Pension Fund v. Brown, intervening shareholders who show corporate benefit may seek attorney fees
  • Lavie v. Procter & Gamble Co., seminal precedent on California’s reasonable consumer standard

Clerkships
  • Honorable Theodore R. Boehm, Associate Justice, Supreme Court of Indiana
  • Honorable Barry T. Moskowitz, U.S. District Court for the Southern District of California
Publications
  • "The Commission on Judicial Performance Speaks on the 3rd District Court of Appeal," Los Angeles Daily Journal, June 14, 2022
  • "Appellate Pro Bono? It’s Come to San Diego," San Diego Lawyer, 2021
  • Co-author, "The Need to Correct the 9th Circuit's ‘Nutty’ Rule barring Expert Testimony in Software Copyright Cases," 2017 
  • "Forfeiture at the Pleading Stage," California Litigation, 2015
  • "Closing the Appellate Justice Gap," Los Angeles Daily Journal, Feb. 10, 2015
  • "Appellate Self-Help Workshops Begin," San Diego Lawyer, 2014
  • "Appellate Review in California Class Actions," California Litigation, 2011
  • Co-author "A Tool for Mischief: Preemptive Defense Motions Under BCBG Overtime Cases to Reject Class Certification," Forum, 2009 
  • "The Unfair Competition Law After Proposition 64: The California Supreme Court Speaks," Competition, 2006
Presentations
  • “Behind the Scenes Look at the Appellate Process,” San Diego Appellate Inn of Court, 2023
  • "A Conversation with California Supreme Court and Court of Appeal Justices," California Lawyers Association Annual Meeting, 2022
  • "Expanding Access to Justice in Appellate Courts," Judicial Council CJER Webinar, 2020
  • "Appellate Review of Issues in Class Actions," Bridgeport Class Action Conference, 2020
  • "Evidence at Class Certification: The Evolving Appellate Landscape," CAOC Webinar, 2019
  • "New Mandatory Disclosures Before Mediation," California Lawyers Association Webinar, 2018
  • "Consumer Protection Cases Predicated on Omissions," Bridgeport Class Action Conference, 2018
  • "Ninth Circuit Practice: Everything but the Brief," CAOC Webinar, 2016
  • "Objectors," Bridgeport Class Action Litigation Conference, 2016
  • "Class Action Update", CAOC Annual Convention, 2014
  • "Pleasing the Court: Making Your Oral Argument Count," San Diego County Bar Association, 2014
  • "Forfeiture: A Four-Letter Word in the Court of Appeal," State Bar of California Annual Meeting, 2014
  • "California Supreme Court Panel," State Bar of California Golden State Institute, 2012
Personal Insight

Kevin ran with the bulls at Pamplona before easing into a monastic life of appellate practice. Concerned about excessive distraction, he has never had a social media account.