Litigation, Appellate Lawyers - Garden City, Long Island, NY

Kevin Schlosser

Law Practice
Kevin Schlosser is a Member and the Chair of the Litigation and Dispute Resolution Department at Meyer, Suozzi, English & Klein, P.C. located in Garden City, Long Island, N.Y. Mr. Schlosser has been involved in all aspects of state and federal litigation since starting his legal career in 1984. His approach is to seek out and understand his clients’ goals and to use the right legal tools to solve clients’ problems and achieve their objectives. His greatest asset is finding the best legal strategy to satisfy any legal dilemma. An experienced civil litigator, Mr. Schlosser has engineered the legal strategy for a broad range of cases and arbitrations, including complex commercial disputes, business torts, fraud, breach of fiduciary duty, breach of contract, professional liability and malpractice claims, construction law, real estate and commercial landlord-tenant disputes, corporate and partnership disputes, ERISA, health law, Federal Fair Debt Collection Practices Act class actions, employment and restrictive covenants, intellectual property, products liability, insurance claims and defense, including disability insurance claims and the prosecution and defense of other tort-related claims. His clients consist of some of the largest companies in the world, as well as local businesses and individuals, including senior law partners, accountants, doctors and others in the professions. A proven appellate lawyer, he is also an accomplished trial attorney, whose victories include million-dollar recoveries and a record-breaking jury verdict. In addition to his litigation experience, Mr. Schlosser also acts as general outside corporate counsel, advising corporate clients on the full spectrum of legal affairs. Mr. Schlosser receives referrals for most of his clients from other practicing attorneys (often former adversaries) and existing clients. Because of his experience in the Commercial Division of the Supreme Court in Nassau County, Mr. Schlosser is also frequently tapped to serve as local Long Island counsel to many other law firms in New York City and out-of-state.

Representative cases and matters include the following:

Appeared as special litigation counsel to the National Football League and obtained the immediate vacatur of an injunction through an order of the Appellate Division in Long Island, thereby permitting the NFL to pursue its policy of mandatory drug testing of professional football player.
Successfully defended a $65 million shareholder derivative action alleging breach of fiduciary duties and corporate waste against the former president of a public bank, resulting in the entire action against the president being dismissed with no monetary payment from the president and his counsel fees being reimbursed in their entirety by the bank.
Successfully defended a $25 million action alleging several counts of fraud, breach of contract and business torts against the largest casino operator in the world.
Obtained summary judgment dismissing case and prevailed on appeal to the First Department in an action alleging damages of over $20 million, asserting intentional interference with contract and interference with business relations against largest casino operator in the world.
Prevailed on appeal to the Second Department to sustain claim of punitive damages in a commercial fraud and breach of fiduciary duty action.
Prevailed after trial in dispute between senior law partners concerning the proper method for allocating fees in cases handled by the law firm.
Obtained injunctive relief on behalf of product manufacturer/seller in federal district court barring competitors from selling competing, offending product, and prevailed after trial in challenge to the injunction.
Obtained final judgment against large manufacturer’s competitor and former employee under restrictive covenants and non-disclosure agreements based upon claims of misappropriation of trade secrets and breach of contract.
Obtained highest jury award on record for damages in an action for nuisance and interference with real property rights on behalf of property owners.
Obtained jury verdict on behalf of international distributor-commercial tenant on the ground of constructive eviction even though tenant continued to remain in the leased premises for lengthy period of time, in which jury awarded tenant significant monetary damages against the landlord and relieved the tenant of any further obligation for rent on remaining lease term after the tenant moved to new space.
Obtained summary judgment against insurer on behalf of insured manufacturer declaring that insurer must defend underlying false advertising and Lanham Act claims pending in federal district court.
Obtained favorable resolution of several actions arising from partnership dispute and sale of real property in New York City, including $14 million fraud claims, breach of fiduciary duty claims and breach of contract.
After substituting in for prior counsel, revamped the legal strategy, amended complaint and defended against related affirmative claims against real property developer, quickly resulting in the successful dismissal of claims asserting over $10 million in damages alleging business torts, third party beneficiary claims, constitutional and civil rights violations and complex statutory real property claims.
Recovered, by way of judgment and settlements, millions of dollars on behalf of disabled professionals and other employees under private and ERISA disability insurance policies.
Spearheaded as general outside counsel to an international manufacturer (the largest of its kind in the world) the favorable settlement of a $25 million products liability action after several rounds of mediation, successfully resolving complex insurance issues and coordinating three outside defense firms in the defense of the client.
As general outside corporate counsel to international manufacturer, provides on-going oversight of all legal affairs of the company, including employment, regulatory, acquisitions and joint ventures, licensing and intellectual property transactions, distribution agreements, independent contractor agreements, operating agreements and related matters.

Professional Profile
At the outset of his career, Mr. Schlosser acquired intensive litigation experience, having been trained at two prominent firms based in New York City: Patterson, Belknap, Webb & Tyler, and Chadbourne & Parke. In 1990, he became an associate of one of Long Island’s largest law firms, where he rose to the level of a managing partner and head of its litigation department, the largest group in the firm. After joining Meyer, Suozzi in May 2002 as a Member, Mr. Schlosser was appointed Co-Chair of the firm’s litigation department in November 2002. In 2006, Mr. Schlosser became Chair of the litigation department. He is also a member of the firm’s Management Committee. Mr. Schlosser is rated “AV Preeminent” by Martindale-Hubbell, the highest level in professional excellence. Mr. Schlosser was recognized by L.I. Pulse Magazine in 2010 and 2011 as the region's "Top Legal Eagle for Litigation".

Professional Affiliations

Mr. Schlosser has been a member since 1990 and is currently a Master and Executive Board Member of the Theodore Roosevelt Inn of Court, Nassau County chapter of the distinguished American Inns of Court, meeting on a monthly basis with state and federal judges, law professors, other prominent practitioners and law students to present CLE programs and enhance the legal profession. He also serves in various teaching capacities: He is a member of the faculty of the National Institute for Trial Advocacy; has chaired the Continuing Legal Education Program on New York Civil Motion Practice at Hofstra Law School; is a member of the Continuing Legal Education faculty panel of the New York State Bar Association and the Nassau County Bar Association Academy of Law, where he instructs experienced practicing attorneys; and he lectures and participates in various programs providing intensive practical training in appellate practice at Hofstra Law School as well as at seminars on construction law and litigation. He has given CLE seminars with some of the most prominent judges in the state and federal courts, including Supreme Court Commercial Division Justices Timothy S. Driscoll, Ira Warshawsky and Leonard Austin (now on the Appellate Division), District Court Judge Shira Scheindlin and Magistrate Judge William Wall. Many of Mr. Schlosser’s activities can be viewed in detail by clicking on the relevant links to the right.

Additionally, Mr. Schlosser is a member of the American Bar Association, Litigation Section; the New York State Bar Association, Commercial and Federal Litigation Section; and the Nassau County Bar Association, Commercial Litigation and Publications Committees. Mr. Schlosser is currently Chair of the Nassau County Bar Association Commercial Litigation Committee’s subcommittee on Expert Witness Disclosure, in which he is spearheading the formation of a Pilot Program for enhanced expert witness disclosure in the Commercial Division of Nassau County.

Community Involvement

Active in charitable organizations, Mr. Schlosser received the 2003 Leadership Award presented by the Long Island Chapter of the National Multiple Sclerosis Society, and has served as a member of the Courthouse Kiwanis Club. He also serves as a faculty member of the Construction Management Institute, sponsored by the New York State Chapter of the National Association of Minority Contractors, helping minority-owned contractors enhance their developing businesses.

Publications

Mr. Schlosser has written extensively on many aspects of the law, publishing numerous articles over twenty years in leading legal publications. He has authored the "Litigation Review" column for the New York Law Journal and served on the Board of Editors of the Nassau Lawyer, which is the official publication of the Nassau County Bar Association. Many of Mr. Schlosser’s articles can be viewed by clicking on the “Publications” link to the right.

Education

During law school, Mr. Schlosser was a Member and then Articles Editor of the Hofstra Law Review. In his capacity as Articles Editor, Mr. Schlosser interacted with and edited articles of some of the most prominent and well-respected legal scholars, including law professors, evidence experts and Congressional leaders. He also clerked for the Honorable George C. Pratt, United States Circuit Court Judge, where he drafted several court decisions, including a complex antitrust ruling. He also obtained valuable trial exposure while clerking in the Criminal Division of the United States Attorney's Office for the Eastern District of New York, where he assisted in the prosecution of several major felony cases. Mr. Schlosser graduated law school with the highest honors. Additionally, he was a founding officer of a national criminal justice honor society at John Jay College of Criminal Justice of the City University of New York.

Admissions

Mr. Schlosser is admitted to practice law in New York State and before the United States Supreme Court, the United States Court of Appeals for the Second Circuit, the United States District Courts for the Southern and Eastern Districts of New York, the United States District Court for the Eastern District of Wisconsin, and the United States District Court for the Eastern District of Michigan.