Ken Gorenberg represents businesses in insurance coverage matters, as well as in product liability, professional liability and commercial litigation. Whether litigation or counseling, Ken always focuses on the business problem or opportunity at the heart of the matter. He partners with his client to create and implement a strategy tailored to the specific client and matter.
Ken has resolved coverage issues involving an alphabet soup of insurance policies, including CGL, D&O, E&O, EPLI, PLL and WC/EL, as well as first-party property policies, crime bonds and surety bonds. He offers a deep understanding of loss-sensitive insurance programs, having litigated disputes involving workers’ compensation claim handling and deductible and retrospective premium billing.
Ken also works in the trenches of product liability, professional liability and commercial litigation, including as national coordinating counsel for defendants in asbestos, benzene and other toxic tort litigation. Ken brings his underlying litigation experience to bear in insurance coverage litigation, negotiation and counseling for corporate policyholders.
Ken has a truly national practice. He has won trials, arbitrations and appeals in dozens of jurisdictions across the country. Still, Ken considers litigation only one of many ways to solve problems, and he is particularly adept at developing multiple possible exit strategies that a client may pursue.
Clients and colleagues also tap Ken’s unique perspective in transactional matters. He often negotiates, drafts or reviews risk allocation provisions in contracts, including indemnification, insurance and limitation of liability. He has drafted special contracts and manuscript endorsements to insurance policies to effectuate parties’ risk allocation preferences. He also participates in due diligence on insurance coverage and product liability issues in corporate mergers and acquisitions.
Earlier in his career, Ken represented insurance companies. This experience has made Ken a more effective advocate for businesses because he knows how insurance companies think, operate and make decisions.
Ken frequently delivers continuing legal education seminars to practicing lawyers, and judges moot court and other competitions for law students. He also contributes his time to legal aid clinics and pro bono representation of indigent clients.
A native of South Jersey, Ken continues to ride the high of the Philadelphia Eagles’ 2018 Super Bowl victory, and he is also a fan the Phillies, 76ers and Flyers. His golf game is only slightly better than average, but he broke through with the round of his life in 2017.
Professional and Community Involvement
Fellow, American College of Coverage Counsel
Co-chair, Product Liability Subcommittee of the American Bar Association Insurance Coverage Litigation Committee
Member, American Bar Association Forum on Construction, Tort Trial and Insurance Practice Section, and Business Law Section
Member, Defense Research Institute
Associate national commissioner and Midwest regional board management committee member, Anti-Defamation League
Volunteer, Chicago Volunteer Legal Services
Moot court judge, American Bar Association and University of Chicago Law School
Adjunct instructor, DePaul University Law School