Kevin P. Farrell Of Counsel




Kevin Farrell focuses his practice on complex civil litigation, appearing before state and federal courts and their appellate courts. He has obtained dismissal of major tort actions brought in U.S. courts involving injury and death in Iran and Afghanistan, and his practice has included matters interpreted under the laws of Dubai, Afghanistan and Iraq. Kevin also represents clients in the defense of product liability, railroads, legal malpractice, insurance coverage, and commercial and business litigation.

Kevin has successfully defended leading contractors in the battlefield in state and federal courts, including matters involving their release agreements and compensation plans. His most notable cases involve a decision in federal court in the District of Columbia establishing the Defense Base Act as the exclusive remedy for death and injury claims for employees working on U.S. government contracts. Of equal significance is a decision of the Delaware Supreme Court establishing the binding effect of pre-injury release agreements that apply to the parent corporations and affiliates of contractors in the battlefield.

Areas of Focus

Class Action Defense
Kevin is skilled at handling class action defense litigation in state and federal court. He leverages Wilson Elser’s network to help him to provide a coordinated multi-front defense while containing costs. Kevin strives to simplify complicated cases by bringing motions either for federal multidistrict consolidation or for state and federal coordination.

Commercial & Business Litigation
Kevin’s seasoned and pragmatic approach to commercial and business litigation makes him adept at handling delicate negotiations among firmly entrenched parties. He provides innovative and timely strategic counsel to help his clients make better-informed decisions, resolve complex legal challenges and achieve specific business goals.

Insurance & Reinsurance Coverage
Kevin seeks cost-effective solutions to insurance and reinsurance coverage cases through early assessment and negotiations, alternative dispute resolution and other means. When necessary, he is prepared to take matters to an arbitration hearing or to trial if these serve his clients’ interests. For cases involving bad faith, he provides a particularly aggressive defense and has a high success rate.

Product Liability
Product liability is an area where Kevin has built a strong reputation for defending against claims and mass tort actions in a variety of industries. He is backed by Wilson Elser’s practice, among the largest and most diversified in the United States.

Professional Liability & Services / Lawyers
Kevin’s defense of an attorney in a professional liability matter begins with his immediate and comprehensive assessment of both the underlying matter and the malpractice claim. While a pre-answer dispositive motion is frequently successful, he simultaneously formulates early resolution strategies such as ADR, consistent with his clients’ objectives

Kevin is one of the highly experienced Wilson Elser trial attorneys who also help railroad clients anticipate and prevent situations that could result in lawsuits or administrative actions. When accidents occur, these attorneys don hard hats, safety vests and go-bags as members of the firm’s 24/7 railroad go-teams, ensuring that potentially exculpatory on-scene evidence is preserved. While Kevin prepares for trial, he coordinates resolution strategies with clients and uses alternate dispute resolution options, including arbitration and mediation, when appropriate.

Health Care
Kevin represents clients in the health care industry in complex commercial litigations, including matters concerning regulatory compliance and government investigations. For example, he represents health plans and their administrators in potential overpayments under state and federal False Claims Act statutes, and defends clients before state and federal regulatory and prosecuting agencies. Kevin also represents health plans and their administrators in a variety of disputes with providers and other entities, ranging from reimbursement and contract disputes (including disputes related to the administration of workers’ compensation claims) to more complex matters, including representing plans and medical provider networks in managed care litigations and provider selection and removal disputes. He advises health care clients concerning telemedicine, quality assurance, licensing, billing issues and general risk management issues; and helps health care companies develop, revise and implement internal policies and procedures to help avoid litigation exposure.