Kevin P. O’Brien

Notable Experience and Client Impact

• Represented a trustee in an action to recover real property transferred from the trust prior to the trustor’s death.
• Second chaired a five-day bench trial on undue influence claims asserted against a trustor’s former caregiver.
• Obtained an order compelling a trustee to account to the beneficiaries of an irrevocable trust.
• Prevailed on appeal of an order finding exculpatory provisions of a trust unenforceable.
• Represented a charitable organization in a dispute over the interpretation of a holographic will.
• Defended a trustee against a petition for removal.
• Resolved a dispute between a trustee and a beneficiary over ownership of the decedent’s joint bank account.
• Defended a former trustee against breach of trust claims asserted by trust beneficiaries.

Additionally, Kevin has extensive experience representing businesses of all sizes, public entities, and individuals in a wide range of legal disputes in a variety of forums. He has successfully resolved complex and vigorously contested cases through settlement, dispositive motions, trial, and appeal. In addition to trusts and estates litigation, Kevin has represented clients in litigation in several fields, including labor and employment, real estate, mass torts, consumer class actions, intellectual property, and insurance coverage.

Earlier in his career, Kevin was a litigation associate at a prominent Bay Area litigation boutique firm and a large, international law firm. He also gained legal experience as a law clerk to the Hon. Ronald M. Whyte of the U.S. District Court, Northern District of California.