Kevin K. Douglass

Area of Emphasis

Kevin Douglass is a shareholder in the Firm’s Litigation and Energy and Natural Resources groups. Mr. Douglass has more than 25 years of experience litigating complex commercial matters in a variety of forums including federal, state and bankruptcy courts. His trial experience includes multiple jury trials, bench trials and preliminary injunction hearings. Mr. Douglass has also participated in numerous forms of alternative dispute resolution including mediations, mini-trials and arbitrations.

Natural Resources Focus

Mr. Douglass represents natural gas and coal clients in a variety of civil litigation and administrative proceedings involving lease and/or title disputes, subsidence issues, zoning matters, pipeline construction, supply agreements and challenges to municipal ordinances. He is a past-president and an executive committee member of the Energy & Mineral Law Foundation (EMLF), a non-profit educational organization focused on legal issues related to the energy and mineral industry. Mr. Douglass also served as program chair for the 2016 EMLF Annual Institute.

Commercial Litigation

Mr. Douglass has extensive experience handling a wide range of commercial litigation matters that frequently require a deep understanding and analysis of company financial information. He works closely with forensic accounting firms in matters involving allegations of financial improprieties, as well as business valuations and damage calculations. For example, Mr. Douglass manages and litigates ownership disputes on behalf of majority, minority and equal business owners, director/officer liability issues, fraud and negligent misrepresentation claims, restrictive covenant and trade secret violations and construction matters.

Representative Commercial Litigation Matters

  • Dismissal of a CERCLA cost recovery action seeking $79 million which was subsequently affirmed by the Seventh Circuit Court of Appeals
  • Defense of a majority shareholder in a two-week jury trial involving the buyout of a minority shareholder
  • Advantageous settlement after a two-week trial defending business against a $54 million destruction of business claim
  • Defense of a billion dollar entity’s chief financial officer in multiple cases, including class actions
  • $3.3 million judgment, plus attorneys’ fees, on behalf of a corporate officer following an eight day trial against his former employer and a successor company
  • Emergency court order appointing custodian to run deadlocked business and subsequent negotiation of buyout of offending owner
  • Appointment of a corporate custodian after a protracted hearing exposing fraudulent activities
  • Punitive damage award following a jury trial involving trade secret violations
Background

Mr. Douglass graduated magna cum laude from Mount Union College in 1983 with a B.A. in History. He earned his J.D. at Duquesne University School of Law in 1986 where he was a member of the Duquesne Law Review and served as an intern with Judge David W. Craig in Pennsylvania’s Commonwealth Court.

Memberships and Affiliations

Mr. Douglass has been listed in The Best Lawyers of America® in the Natural Resources Law Section since 2013. He was also recognized as one of Pennsylvania’s top business litigation lawyers in 2012-2016, according to an annual survey published in Philadelphia magazine.

Mr. Douglass is admitted to practice in Pennsylvania and West Virginia, as well in the United States District Court for the Western District of Pennsylvania and the United States Court of Appeals for the Third Circuit. He has also been admitted pro hac vice in numerous state and federal courts.

Mr. Douglass is an active member of the Allegheny County Bar Association. He has served on the Judiciary Committee and is a past chair and a current member of the Court Rules Committee. During the last several years, he was appointed to serve on ad hoc committees responsible for extensive changes to the county’s local rules and jury selection system. He is also a member of the Pennsylvania and American Bar associations.

Among his civic activities, Mr. Douglass supports trade and international investment in the region by serving on the board of directors of GlobalPittsburgh and is a former board member and past chair of the British-American Business Council’s Pittsburgh chapter. In addition, he has served as co-chair of a Children’s Hospital of Pittsburgh fundraising event.

Publications/Presentations
  • Presenter and Panel Facilitator, “Resolving Disagreements Between Co-Owners of Business,” Association for Corporate Growth, Pittsburgh, Pa., October 2016.
  • Presenter, “Successful Negotiations,” BNY Mellon, Pittsburgh, Pa., May 2016.
  • Co-Author, “Extending Oil and Gas Leases to Their Secondary Term,” American Bar Association’s Environmental Litigation Committee Newsletter, Summer 2012.
  • Co-Presenter, “To Infinity and Beyond: Extending Your Lease to Its Secondary Term in the Appalachian Basin,” EMLF Annual Institute, Charleston, S.C., June 2012.
  • Presenter, “Marcellus Shale Municipal Ordinances in Pennsylvania: Constitutional and Preemption Challenges,” LexisNexis presents Emerging Issues in the Law of Marcellus Shale in Pennsylvania and West Virginia, Pittsburgh, Pa., June 2011.
  • Co-Presenter, “Developing Case Law for the Marcellus Shale: Building a Moving Car,” Pennsylvania Bar Association Civil Litigation Annual Retreat, Nemacolin Woodlands Resort, Farmington, Pa., April 2011.
  • Co-Presenter with the Honorable Lisa Pupo Lenihan, Chief Magistrate Judge, United States District Court for the Western District of Pennsylvania, “A Trial in the Real World: How Things Are Done in the Federal Courts in Western Pennsylvania,” Academy of Trial Lawyers of Allegheny County and Allegheny County Bar Association, Pittsburgh, Pa., March 2011.
  • Co-Presenter, “Can Witnesses and Lawyers Learn From Hollywood?” EMLF Mineral Law Conference, Lexington, Ky., October 2009.
  • Presenter, “Successful Negotiations,” EMLF Energy Law Workshops, Fort Myers, Fla., February 2009.
  • Presenter, “Work it Out: Conflict Resolution for Business Owners,” Pittsburgh Young Professionals, Pittsburgh, Pa., January 2009.
  • Co-Presenter, “Climate Change is Changing Business,” EMLF Mineral Law Conference, Lexington, Ky., October 2008.

 

Best Lawyers Award Badge

Kevin K. Douglass

Shareholder

Email: kdouglass@babstcalland.com
Telephone: 412-394-6562
Babst Calland
Practice Areas:
  • Energy & Natural Resources
  • Litigation
Admitted In:
  • Pennsylvania
  • West Virginia
Education:

B.A. in History, Mount Union College, magna cum laude, '83
J.D., Duquesne University School of Law, '86