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Kyle M. Heisner, RPLU

Associate
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2610
(215) 575-0856 - Fax
kmheisner@mdwcg.com

As a member of the Professional Liability Department, Kyle handles professional liability, civil rights, coverage and commercial litigation cases. His practice is focused on the defense of lawyers, real estate professionals, officers and directors, accountants, and school districts, as well as insurance coverage and bad faith litigation.

Kyle's legal experience includes four years at a New Jersey defense firm, where he focused on various areas of law including casualty, professional liability and health care liability litigation.

He attended Villanova University School of Law where he obtained his juris doctor in 2010, graduating cum laude and in the top 11% of his class.  During his time in law school, Kyle served as the managing editor of symposia for the Villanova Law Review and organized several symposia over the course of his one-year term. He also served as a research assistant to multiple Villanova Law professors, editing scholarly articles for publication and conducting research on taxation, employee benefits and international law.

In the summer of 2009, Kyle held a clerkship with the United States Attorney's Office for the District of Nevada. Later that fall, he served as an extern for the Honorable Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania.

Classes/Seminars Taught

  • Legal Ethics and Malpractice Avoidance, National Business Institute (NBI), June 2019

  • Admission/Exclusion of Unique Evidence, National Business Institute (NBI), August 2018

  • Strategies for Legal Research on the Web, National Business Institute (NBI), Princeton, NJ, June 2015

Published Works

  • Pennsylvania Rejects Garner Standard for Derivative Plaintiffs Seeking to Pierce Attorney–Client Privilege, Riding the E&O Line, DRI Newsletter, March 8, 2019

  • "Proving The 'Case-Within-A-Case' Standard," For The Defense, April 2018

  • "Who Is the Client? Addressing Privilege with Dissident Directors," The Voice, DRI newsletter, July 26, 2017

  • "Deciphering "Control" of Documents Held by Third-Parties Under Frcp 34," The Whisper, newsletter of the DRI Young Lawyers Committee, December 6, 2016

  • "Exploring Equitable Estoppel: This Certificate Does Not Amend, Extend or Alter the Coverage Afforded…Or Does It?" In-House Defense Quarterly, Fall 2016

  • "Utilizing Federal Rule of Evidence 502(d) as Insurance for Inadvertent Disclosure and a Cost-Saving Device," Defense Digest, June 2016

  • "Proceed With Caution: GLBA Considerations When Representing Insurers, Agents and Brokers," The Voice, DRI newsletter, August 10, 2016

  • "Bad Faith Litigation: Fraudulent Joinder of Insurance Employees," For The Defense, May 2016

  • "Keeping the Faith. Understanding Reverse Bad Faith," Claims Management, May 2016

  • Case Law Alerts, regular contributor, 2016-present

  • "Sharpening a Dull Blade: How to Make Effective Use of Rule 68 Offers of Judgment," The Whisper, newsletter of the DRI Young Lawyers Committee, November 10, 2015

  • "Invoking Judicial Estoppel to Secure Dismissal," The Legal Intelligencer, November 25, 2014

Education

  • Villanova University School of Law, Villanova, PA (J.D., 2010)

    Honors: cum laude

    Law Review: Villanova Law Review, Managing Editor

  • University of Maryland, College Park, MD (B.A, 2007)

    Majors: Philosophy and Criminal Justice

Pages

Law Alerts July 19, 2016
The court dismissed a pro se litigant’s bad faith action against an insurance company by a party based upon claims that the insurer refused to settle an action brought against its insured by the plaintiff. Citing other authority, the court..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 19, 2016
The insurer for a law firm in Western Pennsylvania filed a federal action under the Declaratory Judgment Act, seeking a determination by the court as to whether coverage was owed for underlying claims of legal malpractice, breach of contract and..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 19, 2016
In this declaratory judgment action, the insurer appealed an order requiring it to provide a defense for its insured, an insurance agency, relating to claims in an underlying Texas case that arose out of an alleged breach of a non-compete agreement..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Defense Digest Article June 1, 2016
By Kyle M. Heisner, Esq.* Key Points: F.R.E. 502(d) was enacted to reduce the risk of waiving privilege or protection associated with producing voluminous documents or e-discovery. A properly tailored 502(d) order will allow a party to..., Defense Digest, Vol. 22, No. 2, June 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

Pages

Apr 11, 2019
We obtained summary judgment on six defamation claims asserted by a condominium board member against his fellow board members. The cross-motions for summary judgment by the plaintiff and the defendants centered on the depositions of two unit owners...

Education

  • Villanova University School of Law (J.D., cum laude, 2010)
  • University of Maryland (B.A, 2007)

Bar Admissions

  • New Jersey, 2010
  • Pennsylvania, 2010
  • U.S. District Court of New Jersey
  • U.S. District Court Eastern District of Pennsylvania
  • U.S. Court of Appeals 3rd Circuit

Associations & Memberships

  • Defense Research Institute, Professional Liability Publications Committee
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Professional Liability Underwriting Society
  • Professional Liability Defense Federation

Honors & Awards

  • Pennsylvania Super Lawyers Rising Star, 2018-2019

    The 2019 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.


Year Joined Organization: 2015

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