Kevin Nowicki has over 26 years of experience in a wide variety of complex litigation matters in both state and federal courts across the country at both the trial and appellate levels as well as in a variety of arbitration and mediation proceedings. Mr. Nowicki has received an AV® rating from Martindale-Hubbell, the country’s preeminent lawyer rating service. An AV® rating signifies a lawyer has achieved the highest levels of professional skill and integrity – a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence.

Formerly with Gibson, Dunn & Crutcher LLP, Mr. Nowicki has represented managed care companies, health plans, hospitals, accounting firms, telecommunications, technology, manufacturing, financial services, insurance, apparel, aerospace, investment, mortgage and real estate companies, as well as franchisors, casinos, hotels, commercial landlords, officers and directors of public companies and other individuals. His practice areas include general business litigation, health care, ERISA, consumer fraud and unfair business practices, government contracts, accountants’ liability, securities and shareholder litigation, employment litigation, product liability, intellectual property, trade secret and insurance coverage cases.

Representative jury trials include securities fraud, accounting malpractice and insurance bad faith actions in San Diego Superior Court, franchise litigation in the Southern District of California and several trials in the asbestos litigation in Washington State Court. Mr. Nowicki also tried three criminal trials as a volunteer prosecutor in the Pomona Branch of the Los Angeles County District Attorney’s Office.

Litigation Experience

• Represented health plan in arbitration for breach of contract seeking payment of over $5 million in claims involving Medicare claims and other billing issues. Obtained partial summary judgment on Medicare claims.
  Represented law firm in malpractice action by former clients for negligent advice in connection with five underlying actions arising out of sale of a business and related insurance coverage action. Case resolved on second day of 20 day arbitration.
• Represented telecommunications company in a writ of mandate proceeding challenging the award of a contract for telecommunication services in the City of San Diego. Obtained a very favorable settlement.
• Represented telecommunications company in connection with strategy of expansion of cable and internet services into numerous municipalities in California. Research licensing issues under state and Federal law.
• Represented aftermarket automobile company in action by former customer alleging breach of contract and breach of warranty in Federal court. Obtained dismissal of entire action for violation of court orders. Second action filed against client for trade secrets, trademark infringement, unfair competition and defamation in Federal court. Obtained favorable settlement.
• Represented managed care company in nationwide class actions brought by subscribers and providers alleging RICO, ERISA and other common law claims challenging disclosures made to members and claims practices of nine managed care companies. Cases transferred by MDL Panel to Florida Southern District Court. Court denied certification of subscriber class and case settled on very favorable terms. Court granted certification of provider class and case settled.
• Represented manufacturer in a writ of mandate procedure challenging award of contract by City of San Jose Redevelopment Agency for Convention Center expansion project.
• Represented nine Las Vegas casinos in class action alleging false advertising and unfair practices under California Business & Professions Code §§ 17200 and 17500 arising out of advertisement of video poker games. Obtained dismissal of entire action on demurrer based on Commerce Clause of U.S. Constitution.
• Represented managed care companies in action brought by the California Medical Association against eight health plans for non-payment of claims under California Business & Professions Code § 17200, Health & Safety Code § 1371, and various common law theories. Obtained dismissal of all claims. Affirmed on appeal in California Medical Assn. v. Aetna U.S. Healthcare of California, Inc., 94 Cal. App. 4th 151 (2001).
• Represented franchisor in action by Hong Kong franchisee alleging claims of breach of contract, fraud and breach of fiduciary duty. Case settled after three week jury trial in California Southern District Federal Court.
  Defended telecommunications company in a class action alleging false advertising, fraud, breach of contract, and unfair competition under California’s Unfair Competition Law and False Advertising Act, in connection with cellular telephone promotions. Defeated class certification, settled on an extremely favorable basis while plaintiffs’ appeal was pending, and then obtained approval of the settlement from the reluctant judge who had previously denied certification.
• Represented accounting firm in four week jury trial in case alleging professional negligence. Verdict for plaintiffs substantially reduced by a comparative fault finding.
• Represented accounting firm in a professional negligence action arising out of audit. Obtained summary adjudication of claims for defamation and violation of California Business & Professions Code §§ 17200, and various common law theories.
• Represented hospital system in a False Claims Act case involving allegations of over-billing and miscoding of Medicare claims.
• Defended accounting firm in claims brought by investors in limited partnerships alleging professional negligence, fraud and violation of state securities law. Case originally brought as a class action. After court denied class certification, action refiled by individual investors. Court granted motion for summary adjudication on fraud claims and action proceeded to trial. After four week trial, court granted motion for non-suit on all remaining claims and action dismissed.
• Represented financial services company in a non-class representative action under California Business & Professions Code §§ 17200 and 17500 challenging sale of insurance products to credit cardholders.
• Represented aerospace company in federal securities fraud action involving allegations concerning accounting and disclosures about certain government contracts.
• Represented financial services in nationwide fraud and Unfair Competition Law class action under Business & Professions Code § 17200 challenging reconveyance fees and alleged failures to reconvey real estate. Defeated nationwide class certification at trial court level. Court of Appeal reversed and remanded for reconsideration. California Supreme Court remanded to Court of Appeals and case then remanded to trial court.
• Represented plaintiff in insurance bad faith action in California State Court. Obtained directed verdict on coverage and jury returned verdict awarding compensatory damages and $1 million in punitive damages.

Bar Memberships and Professional Affiliations
State Bar of California, Litigation Section
American Bar Association, Litigation Section
Orange County Bar Association, Business Litigation Section
Association of Business Trial Lawyers, Orange County Chapter
American Health Lawyers Association
United States District Court, Central District of California
United States District Court, Southern District of California
United States District Court, Northern District of California

Education
University of Michigan Law School: J.D.
Michigan State University: B.A.