Education

J.D., Stanford Law School, 2000. Associate Editor, Environmental Law Journal.
M.E.S., Yale School of Forestry and Environmental Studies, 1995.
B.A, with Distinction, Yale University, 1992.

Court Admissions

State of New York
The U.S. District Courts for the Southern and Eastern Districts of New York
The U.S. Court of International Trade
The U.S. Courts of Appeals for the Fifth and Eleventh Circuits
The U.S. Courts of Appeals for District of Columbia Circuits

Bar Admissions

State Bar of New York
The Association of the Bar of the City of New York

Kyle A. Lonergan

Senior Counsel

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Kyle Lonergan is a Senior Counsel in the New York office of McKool Smith. Prior to joining McKool Smith, he was an associate at Simpson Thacher & Bartlett. Mr. Lonergan’s practice focuses on complex commercial litigation and government investigations, and he has litigated high profile cases in a number of areas, including securities, antitrust, insurance coverage, and breach of contract. Mr. Lonergan has practiced in federal and state courts throughout the United States, and has represented clients throughout all phases of litigation, including jury and bench trials and arbitration proceedings. Mr. Lonergan also has represented clients in connection with investigations by the U.S. Securities and Exchange Commission, the U.S. Department of Justice, and the Federal Bureau of Investigation.

Mr. Lonergan has an active pro bono practice in the environmental field. He has represented the Natural Resources Defense Council and other environmental groups for the past decade in litigation that has resulted in significant protections for some of the country’s most important national parks, including Everglades National Park in Florida and Grand Teton National Park in Wyoming.

Representative Matters

Freddie Mac. Represents Freddie Mac in litigation and discovery matters in connection with the bankruptcy of Taylor, Bean & Whitaker Mortgage Corp., which was the largest independent mortgage lender in the United States. Matters include an insurance coverage action against Certain Underwriters at Lloyd's, London and London Market Insurance Companies.

Oil and Gas Producers Litigation. Represents more than 80 independent Kansas, Oklahoma and Texas oil and gas producers in lawsuits alleging that Goldman Sachs subsidiary J. Aron & Co. and British Petroleum subsidiary BP Oil Supply Company conspired with SemGroup to defraud them and convert millions of dollars worth of the producers' crude oil and gas that was delivered to SemGroup prior to the company's bankruptcy. In addition to BP and J. Aron, ConocoPhillips, Plains Marketing and numerous other oil and gas companies are named as defendants in the lawsuits.

"Pay to Play" Litigation. Represents prominent individual and his investment fund in litigation arising from the New York Attorney General's "Pay to Play" pension fund investigation.

Minority Shareholder Dispute. Represents large private company in dispute with its minority shareholder.

SemGroup Bankruptcy Litigation Matters. Represents the Producers Representative (formerly the Official Producers Committee) in litigation matters in the SemGroup bankruptcy proceedings.

Prior to joining McKool Smith:

National Century Financial Enterprises (NCFE). Represented three former executives of JPMorgan Chase in multidistrict litigation arising from what the U.S. government called the largest private company fraud in history at that time. Clients were former outside directors of NCFE, which filed for bankruptcy after a criminal conspiracy by management was discovered. Plaintiffs alleged state and federal securities violations, along with numerous common law claims, and alleged damages in excess of $2 billion. Managed civil litigation (14 lawsuits), bankruptcy proceedings and investigation by the U.S. Securities and Exchange Commission. Served as lead trial attorney in adversary proceeding in which clients were awarded significant insurance recoveries. Led successful settlement negotiations with the SEC.

Travelers. Represented St. Paul and Travelers companies in insurance coverage action brought by Pfizer subsidiary, Warner Lambert, and American Optical against more than two dozen insurers and involving over 225,000 underlying claims. Served as lead trial attorneys in three-month long bench trial that concluded in February 2009. Achieved favorable settlement on last day of testimony at trial.

Viacom, Paramount and Sumner Redstone. Represented Viacom, Paramount and Sumner Redstone in federal and state antitrust actions alleging horizontal and vertical conspiracies and price discrimination. Defeated plaintiffs’ attempt to certify a class, which alleged damages in excess of $1 billion. Awarded directed verdict after trial in federal action. Awarded summary judgment in state action.

British Energy. Represented British Energy in arbitration concerning power purchase contract. Final award issued in favor of client, denying plaintiff’s claims in all respects.

Royal Indemnity. Represented Royal Indemnity in insurance coverage matter against General Motors. Awarded summary judgment.

The Blackstone Group. Represented The Blackstone Group in contract dispute with potential franchisee.

American Home Products. Represented American Home Products in litigation over fen-phen diet drug.

Professional Activities

Member, Environmental Law Committee, Association of the Bar of the City of New York