Keith McKenna

Practice Areas

Known for his ardent advocacy in complex, high-stakes cases, Keith McKenna represents corporate policyholders in courts nationwide seeking damages and other relief against insurers. His clients span industries including healthcare, pharmaceuticals, product manufacturing, sports and entertainment, aviation, banking, government services, real estate, online retail and telecommunications.

Keith routinely litigates cases involving tens or hundreds of millions of dollars. Some of Keith’s notable work includes securing a landmark ruling for Warren Pumps that entitled it to access hundreds of millions in coverage for asbestos-related liabilities and changed the law on how loss may be allocated among insurance policies. He represents Walmart in its suit against nearly 40 insurers over their refusal to cover defense and indemnity costs incurred in approximately 2,400 underlying actions related to dispensing and distribution of opioids, already securing a ruling that insurers must pay Walmart’s defense against those lawsuits.

In another groundbreaking case, Keith achieved the rarest of victories: a ruling setting aside a jury verdict against his client, Conduent State Healthcare—the first jury verdict that Delaware Superior Court Judge Mary Johnston had reversed in nearly 20 years on the bench. That decision was upheld by the Delaware Supreme Court. Keith also won a first-of-its-kind ruling in Delaware that Conduent was entitled to defense costs incurred in responding to a Civil Investigation Demand under its professional liability policy.

Career

Before founding Cohen Ziffer Frenchman & McKenna, Keith practiced at McKool Smith, Kasowitz, Dickstein Shapiro, and Sullivan & Cromwell.

Awards

Work Highlights

Keith regularly litigates high-profile cases. Keith has secured major forum and defense costs rulings for Walmart that bolster the retail giant’s right to coverage for more than $3 billion in defense and settlement costs associated with the opioid epidemic. He prevailed in a series of rulings in favor of Pella Corporation that allowed it to settle disputes over coverage for numerous class action lawsuits. He currently represents cosmetics giant Revlon in its pursuit of liability coverage for claims that various hair-straightening and relaxer products have caused bodily injuries—a case that raises complex issues surrounding long-tail claims and their intersection with bankruptcy law. He also is representing MSG Networks in D&O coverage litigation seeking coverage for a $48 million settlement of securities litigation, SVB Financial Group in seeking $30 million in coverage under fidelity bonds for loans that were procured through forged documents, and Spirit Airlines in connection with bankruptcy-related litigation involving millions of dollars.

For client Crystal Windows & Doors, Keith secured the dismissal of a lawsuit that the company’s insurers had filed to avoid indemnifying Crystal for alleged construction defects that caused over $20 million in damages. The New York Supreme Court’s ruling forced Crystal’s insurers to fulfill their coverage obligations and to pay Crystal’s attorneys’ fees.

Education

Expert in these Jurisdictions

Keith is admitted to practice before the following courts:

• U.S. Court of Appeals, Second Circuit

• U.S. Court of Appeals, Eighth Circuit

• U.S. District Court, Eastern District of New York

• U.S. District Court, Southern District of New York

• U.S. District Court, District of Colorado

• U.S. District Court, District of New Jersey