Kevin P. Broughel is a partner in the Litigation practice of Paul Hastings and Vice Chair of the firm's Global Securities Litigation practice. Based in the firm's New York office, Mr. Broughel focuses his practice in the areas of securities and shareholder disputes, financial services litigation, mergers and acquisitions litigation, consumer class action cases, and regulatory enforcement.
Mr. Broughel has extensive experience representing corporations and individuals in a variety of high-stakes matters involving corporate governance/fiduciary duties, securities fraud, mergers and acquisitions, class and derivative litigation, and bankruptcy litigation and restructuring matters. This work has included representing clients in disputes and governmental investigations relating to the subprime mortgage and credit crisis and, most recently, advising clients with respect to legal issues arising out of COVID-19. Mr. Broughel also has substantial experience representing pharmaceutical companies in patent infringement cases. Mr. Broughel's clients cover a cross-section of industries, with a particular emphasis on energy, financial institutions, e-commerce, and life sciences. Mr. Broughel is a member of the firm's securities litigation and investigations and white collar defense practices, and regularly writes on various financial and securities litigation topics. Mr. Broughel also serves as Co-Chair of the Talent Development Committee for the New York office and was previously ABA Co-Chair for Programming for the Pretrial Practice and Discovery Committee.
Mr. Broughel received a Bachelor of Arts in English from Georgetown University, cum laude, in 1998 and earned a minor in Social and Political Thought, an honors program at the university. In 2003, he graduated from Fordham University School of Law. While at Fordham, he was a member of Moot Court, serving as captain of the 2002 BMI/Cardozo Entertainment and Communications Law competition team, which won "Best Overall Team" and "Best Brief Honors." He was also a semi-finalist in the 2001 Maurice Wormser Corporate Law Moot Court competition. Mr. Broughel is a member of both the New York and Connecticut bars.
Accolades and Recognitions
Recognized in Legal 500 as notable practitioner for M&A litigation
Selected for inclusion in New York Metro Super Lawyers list - "Rising Stars" Edition for Business Litigation
Individually recognized by the Financial Times Innovative Lawyers North America report
Fordham University Law School, J.D., 2003
Georgetown University, B.A., 1998
"New York Appellate Division Wades into Cyan's Waters with Two New Decisions," Stay Current, December 15, 2020 (co-authors Anthony Antonelli, John Nowak, Molly Wolfe and Michael Fisher)
"First of Its Kind - SEC Settles Charges Against Public Company for Misleading COVID-19 Related Disclosures," Stay Current, December 11, 2020 (co-authors John Nowak, Teri O'Brien, James Shea and Inna Coleman)
"Delaware Supreme Court Clarifies Elements of Disclosure Claims in Limited Partner Context," (June 29, 2020) (co-authors Kevin Logue and Molly Wolfe)
"ISDA Derivatives and Communicating Notice," Stay Current, April 20, 2020
"COVID-19 Alert - Good Faith and the Corporate Disclosure: An SEC Enforcement and Litigation Perspective," (April 10, 2020) (co-authors John Nowak, Inna Coleman and Molly Wolfe)
"COVID-19 Webinar: Public Company Disclosures," (April 2, 2020) (co-presenters Teri O'Brien, John Nowak, and James Shea)
"PH COVID-19 Client Alert Series: COVID-19 and Emerging Theories of Federal Securities Fraud," Stay Current, (March 22, 2020)
"Toshiba Standard Exposes Foreign Cos. Trading ADRs In US," Law360 (March 13, 2020) (co-authors Hiroyuki Hagiwara, Scott Carlton and Mike Mottweiler).
"Securities Litigation Landscape Continues to Evolve as 1933 Act Filings Reach All-Time High," Stay Current, (March 5, 2020) (co-authors Barry Sher, Anthony Antonelli, and Jessica Baker)
"PH COVID-19 Client Alert Series: Contracting, Performance and Litigation Risks," Stay Current, (March 5, 2020) (co-authors Arielle Dragon, Anna Faber, and Michael Fisher)
"4 NY Cases Forge Post-Cyan Securities Litigation Landscape," Law360 (August 29, 2019) (co-authors Anthony Antonelli and Amanda Pober).
"Post-Cyan Update: Connecticut Trial Court Finds PSLRA Discovery Stay Applies to Securities Act Claims Filed in State Court," Stay Current (May 30, 2019) (co-authors Barry Sher, Anthony Antonelli and Zachary Zwillinger)
" 2nd Circ. Adds To Authority On Securities Law Preclusion," Law360, New York (August 10, 2018) (co-authors Anthony Antonelli, Alex Ehmke)
"Attys Eye Cases Impacting SEC Enforcement Powers In 2018," Law360, New York (January 1, 2018) (quoted in article).
Speaker, 2017 Forecast on Discovery and High-Stakes Litigations, Global Litigation ConfEx, June 20, 2017, New York, NY
Moderator, "Getting an Early Edge: How Robust Early Case Assessment Can Help You Quantify Litigation Risk, Provide Better Settlement Opportunities, and Develop an Overall Cost-Effective Winning Strategy," ABA Section of Litigation Annual Meeting, San Francisco, CA, May 4, 2017.
"Gorsuch Likely No Friend To Securities Suits," Law360, New York (February 1, 2017) (quoted in article).
"Two Recent Decisions Provide Stock Promotion Guidelines," Law360, New York (January 31, 2017) (co-authors Anthony Antonelli, Alex Ehmke)
"CFPB's Project Catalyst: Is It Worth The Risk?," Law360, New York (November 8, 2016) (co-authors Thomas P. Brown, Gerald S. Sachs)
Panelist, Taking Measure of "Proportionality": Examining the Implementation of the 2015 Federal Rules Amendments Nine Months Out, ABA Webinar, Sept. 29, 2016.
"New Rule 37(e) In Action: Lessons From First 3 Months," Law360, New York (March 4, 2016) (co-authors James Worthington, Jeanette Kang, Jessica Montes).
"Second Circuit Highlights Importance of New York Borrowing Statute," Law360, New York (February 4, 2016) (co-author Anthony Antonelli).
"It Keeps Going and Going-Second Circuit Reaffirms Stringent Scienter Standard For Securities Fraud Claim Against Auditors Of Battery Company," ABA Business Law Today, May 2015 (co-author Jena Sold).
"Mediation And The Thorny Issue Of Settlement Authority," Law360, New York (March 30, 2015) (co-author Douglas Flaum).
Speaker, "Early Case Assessment and Other Initial Stages of Complex Litigation," ABA Teleconference, February 19, 2015.
"Video Privacy Protection Act Could Be The New TCPA," Law360, New York (November 19, 2014).
Moderator, "Disruptive Innovation and the Legal Services Market: Are Upsets on the Horizon?," ABA Section of Litigation Annual, Boston, MA, August 7, 2014.
Moderator, "For the Record, from Start to Finish: Your Case on Appeal Can Be Greatly Improved by Focusing on Potential Appellate Issues at Every Step of the Litigation Process," ABA Litigation Section Annual, Scottsdale, AZ, April 11, 2014.
Speaker, "The Mightiest Pen: Effective Motion Practice," ABA Teleconference, March 27, 2014.
"The Real Application of FRCP 1 to E-Discovery," Pretrial Practice & Discovery, ABA Section of Litigation, Winter 2014 Newsletter, January 27, 2014 (co-authors Carla Walworth and Regan Kirk).
Your Questions Answered: Preparing Your Witness for a Deposition," Pretrial Practice & Discovery, ABA Section of Litigation, Spring 2013 Newsletter, May 22, 2013.
"Insights From An Under-The-Radar CDO Case", Law360 (May 9, 2013) (co-author James Bliss).
Moderator, The Best Defense Is a Good Offense: How to Proactively Prepare Your Witness for a Successful Deposition, ABA Webinar, March 26, 2013.
Second Circuit Dismisses Short-Swing Profit Claim, January 10, 2013.
Hedge Fund Report - Summary of Key Developments - Fall 2012, December 5, 2012.
Second Circuit Provides Cautionary Tale For Contractual Provisions Negating Third Party Enforcement, August 17, 2012.
Voom v. EchoStar - First Department Analyzes When Duty to Preserve Evidence is Triggered, February 7, 2012.
Hedge Fund Report - Summary of Key Developments - Fall 2011, November 3, 2011.
Hedge Fund Report - Summary of Key Developments - Spring 2011, April 25, 2011.
Hedge Fund Report - Summary of Key Developments - Fall 2010, October 29, 2010.
SEC Scrutinizing Hedge Fund "Side Pockets," May 6, 2010.
Hedge Fund Report: Summary of Key Developments - Spring, 2010, March 11, 2010.
Credit Default Swaps: Lessons From Two Recent Decisions, New York Law Journal, January 5, 2009, January 7, 2009.
Federal Reserve Proposes New Regulations in Response to Subprime Issues, December 21, 2007.
Board Member, Summit Police Athletic League (2018-2019).
Board of Trustees of Cornerstone School of Summit, NJ (2017-2019).
ABA Co-Chair of Programming, Pretrial Practice and Discovery Committee, 2012-2017.
Pro bono counsel for children through alliance with Kids in Need of Defense (KIND).
Past Chair of New York Summer Associate Program.
Representation of telecommunications provider debtor in the successful restructuring of its senior notes through a prepackaged Chapter 11 plan.
Representation of various open-end and closed-end funds in securities class action litigation, opt-out and shareholder derivative litigation
Representation of a national pre-paid debit card in various consumer class actions over fund access issues
Representation of a global air carrier in a multi-district litigation relating to alleged price-fixing in the global air cargo business
Representation of a global investment bank in various cases involving complex synthetic CDO transactions
Representation of a major energy delivery company before the Delaware Chancery Court and Delaware Supreme Court regarding a challenge to a $1.2 billion pipeline expansion project
Representation of a major telecommunications and cable provider in Delaware Chancery Court concerning the purchase and sale of certain cable television systems.
Representation of a leading media company regarding termination obligations and unpaid commissions relating to television advertising services
Representation of a worldwide boxing and sporting goods company in an action brought by shareholders concerning a proposed sale and merger
Representation of a private equity firm in litigation arising from the proposed purchase of a sports trading card and memorabilia company