Kevin W. Alexander is a Partner in the firm’s Commercial Litigation and Drug & Medical Device Practice Groups. He practices in the firm’s Southern California offices, and previously managed the firm’s San Diego office for 16 years. 

Kevin's practice focuses on representing corporations, officers and directors in complex Commercial, Securities and Product Liability litigation in both federal and state courts, and before arbitration panels. He regularly represents clients in class actions, unfair trade practices and false advertising disputes, and in cases alleging fraud and breach of fiduciary duty. His clients cover a broad range of industries, including technology, financial services, pharmaceutical, medical device, beer, automobile, contracting, infrastructure and insurance companies. Kevin also represents Native American Tribes.

Admissions

• California
• U.S. District Court, Central, Northern, Eastern, and Southern Districts of California
• U.S. Court of Appeals, Ninth Circuit

Representative Experience

Kevin counsels companies and principals in all aspects of business disputes, including:

Commercial/Securities

• Defend corporations, officers and directors in breach of fiduciary duty litigation and shareholder lawsuits under federal securities laws (Securities Act of 1933, Securities Exchange Act of 1934, etc.) and state "Blue Sky" laws.
• Represent clients in litigation arising from merger transactions, stock issuance and registration, private placement offerings and stock compensation disputes.
• Defend broker-dealer firms before FINRA arbitration panels against claims of alleged unsuitable investment recommendations, self dealing and breach of fiduciary duty.
• Recently secured summary judgment victory for client corporation and CEO accused of securities fraud in connection with stock issuance and convertible promissory note.

Product Liability/Drug & Medical Device

• Defend pharmaceutical and medical device manufacturers against claims of failure to warn, negligent design, improper labeling and sale of allegedly misbranded products.
• Defend related claims against manufacturers for alleged unfair competition law violations, breach of warranty and class action claims.
• Defend product manufacturer against class action claims for alleged violation of "Made in USA" statutes.
• Defend major international beer manufacturer as national product liability counsel in alleged product defect actions across the U.S.
• Defend nutraceutical manufacturers in class action claims for alleged false advertising and misappropriation of customer funds.
• Defend multiple other manufacturers against product defect/strict liability claims in both state and federal courts.
• Obtained defense verdict for client at trial against claims of alleged defective product and negligence in handling of regulated chemicals.
• Serve as regional coordinating trial counsel in multi-plaintiff pharmaceutical and medical device cases.

Unfair Trade Practices

• Defend companies and employees against class action and representative lawsuits under state consumer protection and false advertising statutes (including California Business and Professions Code Section 17200 et seq. and 17500) and federal law (Lanham Act and Federal Trade Commission regulations).
• Defend clients against antitrust suits, including alleged anti-competitive pricing schemes and secret warranty claims.
• Counsel clients on business and advertising practices.
• Defeated certification of a national class action of 200,000 putative plaintiffs claiming false advertising and breach of warranty on behalf of international auto manufacturing client.

Fraud/UCC

• Represent business clients in breach of contract, fraud and Uniform Commercial Code litigation.
• Defend clients against claims of misappropriation of proprietary company property, including customer lists, and fraud.
• Defend lending institutions against claims of identity theft, fraudulent loan transactions and negligence in consumer account practices.
• Prosecute fraud and conversion claims arising from illegal loan transactions.
• Defeated preliminary injunction motion for technology client, based on alleged theft of customer trade secrets, resulting in voluntary dismissal of action.