Brett L. Kuller is a seasoned and results oriented commercial litigator. He focuses his practice on professional liability litigation, labor and employment matters, directors and officers litigation, and insurance coverage disputes. He offers his skills and expertise to attorneys, architects, engineers, accountants, bankers, insurance agents and brokers, real estate professionals, directors and officers, and fiduciaries, when defending them in complex business disputes. Mr. Kuller has developed a successful practice representing the real estate industry, construction companies and other commercial enterprises in the defense and prosecution of complex commercial litigation cases. He also represents and protects the financial interests of high net worth individuals. The lawsuits Mr. Kuller handles extend to many substantive areas of the law including, but not limited to, fraud, RICO, ERISA, intellectual property, antitrust, corporate law and governance, and securities matters. Mr. Kuller approaches every engagement with a laser focus on early resolution and cost-effective representation of his clients.
A substantial portion of Mr. Kuller’s practice is devoted to the representation of attorneys and law firms in complex legal malpractice actions arising out of, among other areas of the law, real estate transactions, divorce proceedings and other family law matters, personal injury, corporate and transactional matters, securities, commercial collection actions, and bankruptcy proceedings. He routinely defends the other causes of action that frequently accompany legal malpractice claims, such as alleged violations of Section 487 of New York’s Judiciary Law, breach of fiduciary duty, breach of contract and disgorgement of legal fees claims. Mr. Kuller also counsels attorneys and law firms on compliance with the rules of professional conduct. Based on his extensive experience litigating legal malpractice actions, Mr. Kuller is able to quickly assess legal malpractice claims and implement effective strategies to defend the claims within the prescribed budget. Mr. Kuller has a keen understanding of the insurance industry and appreciates and timely complies with all mandatory reporting and billing guidelines while obtaining optimal results for his clients.
Mr. Kuller’s directors and officers litigation practice focuses on defending claims asserted against directors and officers of private and not-for-profit companies. He also represents the corporate entity where it is the direct target. Mr. Kuller represents boards and individual directors and officers in complex commercial litigation, internal investigations, and government investigations. He defends shareholder derivative actions, litigates demand futility issues, represents special litigation committees, and defends directors and officers against ERISA claims, challenges to corporate governance, employment related claims, and claims for breach of fiduciary duty, breach of contract and fraud.
Mr. Kuller counsels and defends management in labor and employment matters. His employment litigation practice encompasses the defense of State and Federal discrimination, harassment, wrongful termination, and retaliation claims based on race, age, disability, gender, pregnancy, national origin, and sexual orientation. He also defends whistleblower claims and litigates disputes pertaining to restrictive covenants and theft of trade secrets. Mr. Kuller counsels employers on risk avoidance, proper hiring and termination procedures, work place policies and drafts employee handbooks.
Mr. Kuller also drafts coverage opinions and litigates declaratory judgment actions in connection with various insurance policies, including professional liability, directors and officers, commercial general liability, excess and umbrella, property, and employment practices liability. He is frequently called upon to analyze complex insurance coverage issues arising out of the discharge of pollutants, including application of the continuous trigger doctrine to long tail claims and exclusion of coverage based on pollution liability endorsements. Mr. Kuller handles sophisticated engagements concerning exhaustion, equitable subrogation and the prosecution and defense of extra-contractual claims. He also advises insurers on coverage issues pertaining to cyber liability and data breaches.
Mr. Kuller is a member of the Management and Professional Liability Committee for the Claims and Litigation Management Alliance and is also a member of the Professional Liability Underwriting Society.