Education

Columbia University Law School, J.D., 1996

  • Harlan Fiske Stone Scholar
  • James Kent Scholar
  • Articles Editor, Columbia Law Review, 1995-1996

University of Utah, B.S., summa cum laude, 1993

Clerkship

Law Clerk, Justice Antonin Scalia, U.S. Supreme Court, 1998-1999

Law Clerk, Judge Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit, 1997-1998

Law Clerk, Judge Denise L. Cote, U.S. District Court, Southern District of New York, 1996-1997


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Kevin B. Huff

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Kevin B. Huff specializes in complex commercial and business litigation in state and federal courts throughout the United States.  Mr. Huff represents both plaintiffs and defendants in litigating cases involving business fraud and unfair trade practices, contract and other commercial disputes, disputes arising out of business negotiations and investments, partnership disputes, accounting fraud and malpractice, securities fraud, fiduciary duty and Delaware corporate law, shareholder challenges to corporate transactions, creditor and debtor law, and intellectual property. 

Mr. Huff frequently represents sophisticated investors including private equity firms and their portfolio companies in high-stakes litigation against all manner of opponents in a broad array of fields.  He has represented investment firms in litigation against other investment firms, major banks, accounting and other professional firms, sellers in investment transactions, and shareholder plaintiffs.  Mr. Huff’s other clients have included hedge funds; entrepreneurial startup companies; high net-worth individuals; banks and insurance companies; and public and private corporations in communications, media and entertainment, manufacturing, energy, technology, investment, and other sectors.  Mr. Huff has also represented corporate and individual clients in white collar criminal matters, including conducting internal investigations and defending clients in criminal and regulatory proceedings involving allegations of wire fraud and violation of the Foreign Corrupt Practices Act.

Prior to joining Kellogg Huber Hansen, Mr. Huff was a law clerk for Justice Antonin Scalia of the Supreme Court of the United States, as well as for Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit and Judge Denise L. Cote of the United States District Court for the Southern District of New York.  Mr. Huff graduated in 1996 from Columbia Law School where he was a James Kent Scholar and a Harlan Fiske Stone Scholar, as well as an Articles Editor for the Columbia Law Review.  Mr. Huff graduated summa cum laude in 1993 from the University of Utah with a major in political science and minors in economics and English.

Noteworthy Representations

Served as lead counsel representing two private equity firms and several members of the board of directors of Clear Channel Outdoor Holdings, Inc. (“CCOH”) in connection with a shareholder derivative claim relating to transactions between CCOH and its parent company.  In re Clear Channel Outdoor Holdings, Inc. Derivative Litigation, C.A. No. 7315-CS (Del. Ch. Ct.).

Represented a private equity firm in multidistrict litigation in the Southern District of New York arising out of the collapse of Refco, then the largest independent derivatives execution and clearing firm in the world.  Brought claims on behalf of private equity firm against Refco’s former law firm and auditor.  Both cases settled before trial.  In re Refco Inc. Securities Litigation, 07 MDL 1902 (S.D.N.Y.) (Rakoff, J.).

Represented two private equity firms in a multi-billion dollar lawsuit against six prominent banks to force them to fulfill their commitment to finance a leveraged buyout of Clear Channel Communications.  At the beginning of an expedited trial, the case settled with the banks agreeing to fund the transaction.  BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., No. 08-600899 (N.Y. Sup. Ct.).

Represented a private equity firm in a dispute regarding a partnership agreement, which raised issues of fraud, breach of fiduciary duty, and mistake in contract.  Immediately before trial in Delaware Chancery Court, the Court granted partial summary judgment in favor of the private equity firm and the case settled shortly thereafter.  Great-West Investors LP v. Thomas H. Lee Partners, LP, C.A. No. 5508 (Del. Ch. Ct.).

Part of the trial team that won a $318 million judgment in federal court on behalf of a technology startup company against a major ultrasound manufacturer for fraud and unfair trade practices.  Examined witnesses at trial and successfully presented oral argument against motion for directed verdict.  Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc., No. 1:01-CV-00182 (M.D.N.C.).

Represented a Fortune 200 company in the insurance industry in investigation by the Securities and Exchange Commission and Department of Justice into alleged violations of the Foreign Corrupt Practices Act.  The DOJ declined to prosecute and the SEC took no enforcement action.

Represented a Fortune 500 company in the energy industry in two investigations by the Securities and Exchange Commission and Department of Justice into alleged violations of the Foreign Corrupt Practices Act.  After the first investigation, the client received a declination of criminal prosecution from the DOJ and an administrative sanction from the SEC.  After the second investigation, the DOJ praised the client’s cooperation as “sincere,” “complete,” and “exceptional,” agreed to defer and ultimately to dismiss a criminal prosecution of the company, and recommended a substantially reduced fine against a subsidiary as a reward for cooperation.

Publications

Note, The Role of Corporate Compliance Programs in Determining Corporate Criminal Liability: A Suggested Approach, 96 Columbia Law Review 1252 (1996)