Brett Kahn litigates in multiple practice areas, and he seasons his practice by consulting with clients on day-to-day and strategic business transactions. He concentrates his practice on contractual and commercial litigation matters arising in state and federal court, and in domestic and international arbitrations. Brett specializes in contract disputes – in particular insurance coverage matters on behalf of policyholders – but he has successfully represented clients in litigation involving many different subject matters, including real estate, construction, services contracts, product liability, employment, benefits and title insurance. He also has transactional experience relating to insurance and healthcare matters, and he has advised clients on FDA compliance and SEC reporting issues.
Brett takes a pragmatic but shrewd approach to litigation, tailored to meet the business objectives of each case. He is a skilled negotiator who is able to recognize and capitalize on opportunities for clients to resolve matters without resorting to potentially disruptive litigation. However, when litigation is unavoidable, he has a strong track record of delivering exceptional results, including successful jury verdicts.
As an integral member of the firm’s Insurance Recovery, Litigation & Counseling team, Brett has helped secure, through judgment and settlement, billions of dollars in insurance assets for a broad range of policyholder clients, including the nation’s largest corporations and industrial concerns, mid-cap and small business entities, and individuals. His coverage experience includes analyses of general liability, professional liability, directors’ and officers’, errors and omissions, construction OCIP and CCIP wrap-ups, builders risk policies, crime and cyber liability policies, and fidelity bonds. He also counsels clients on pre-litigation, litigation and alternative dispute resolution options, guides policyholders on the structuring of their insurance programs and helps negotiate the terms of new and renewal policies to ensure favorable terms that benefit clients in the event of a claim.
As part of McCarter’s Cannabis Industry Group, Brett continuously explores cannabis-related regulations and issues that may impact client business operations and future client endeavors.