Kevin N. Anderson
Direct Line : 801.323.2225
Direct Line : 702.333.8861
Fax : 801.596.2814
215 South State Street Suite 1200
Salt Lake City, Utah 84111
Business disputes can be very complex. Kevin Anderson has the professional experience and resources available at Fabian VanCott to assist clients in complex litigation cases when they are facing difficult problems or have already faced defeat. For example, Kevin led a team of Fabian VanCott attorneys in representing the co-owner of Crandall Canyon Mine in connection with catastrophic events at the Mine in August 2007, in the court room, with the press, and with governmental authorities. As lead attorney, Kevin conducted negotiations involving multiple plaintiffs, insurance companies, and co-defendants to reach a settlement of all claims for all parties in less than two years. He also has prevailed in highly publicized cases against the NCAA and the FBI. Kevin has handled many cases in Utah, Nevada and other jurisdictions, involving employment agreements and alleged breaches of covenants not to compete. Kevin has assisted clients in matters related to the defense of reputation and corporate image, a variety of disputes dealing with contracts, force majeure, securities fraud, banking, real-estate transactions, and intellectual property. Kevin is also an active mediator and arbitrator. He currently serves on the Executive Committee of the Utah Mining Association.
Kevin graduated from Georgetown University Law Center and is admitted to practice in Utah, Nevada, the District of Columbia, Ohio, the 9th, 10th and District of Columbia U.S. Circuit Courts of Appeal, and the U.S. Supreme Court.
Kevin currently serves as President of Fabian VanCott and is a member of its Board of Directors.
Recognized by The Best Lawyers in America as outstanding in Litigation - Land Use & Zoning
Recognized by Mountain States Super Lawyers as outstanding in Complex Commercial Litigation since 2007
Recognized as Litigation Star in Utah in Benchmark Litigation : the Guide to America's Leading Litigation Firms and Attorneys since 2011
Rated AV by Martindale-Hubbell
Member, Utah Mining Association Board of Directors, 2007-present; Executive Committee, 2009-present; Second Vice President, 2016-present
Admitted to the U.S. Supreme Court, 2016
Admitted to the Ohio Supreme Court, 2015
Admitted to D.C. Circuit Court of Appeals, 2013
Admitted to Ninth Circuit Court of Appeals, 2008
Admitted to D.C. Bar, 2005
Admitted to Nevada State Bar, 1992
Member, Utah Supreme Court Advisory Committee on Civil Procedure, 1991-1993
Admitted to Tenth Circuit Court of Appeals, 1985
Admitted to the Utah State Bar, 1981
Kevin is one of Fabian VanCott’s most experienced trial attorneys with over 35 years of litigation experience in state and federal courts, arbitration, and administrative forums. Kevin has handled a variety of complex commercial disputes involving contract disputes, force majeure, eminent domain and condemnation, securities fraud, insurance coverage and benefits, banking, real estate transactions, fiduciary relationships and Indian law. Kevin has been involved in all aspects of litigation, arbitration, mediation, and settlement negotiations.
Kevin has handled numerous employment related matters including successfully defending an employer against claims of religious discrimination under Title VII by an employee who alleged he was constructively discharged as a result of his Seventh-Day Adventist beliefs, conducting a thorough investigation for an employer of allegations of kickbacks and other inappropriate conduct by suppliers and employees involved in setting standards for and purchasing millions of dollars’ worth of equipment, and actions Involving breach of employment contracts, breach of implied employment contracts, recovery of unpaid wages, compensation, severance pay, and other general compensatory and consequential damages.
Kevin was lead counsel representing the co-owner of the Crandall Canyon Mine in ongoing civil lawsuits stemming from the catastrophic events that occurred at the Mine in August 2007, which resulted in nine fatalities. He lead the negotiations with multiple plaintiffs, insurance companies, and co-defendants, reaching a highly publicized global settlement of all claims of all plaintiffs against all defendants in less than two years following the accidents. In addition, Kevin assisted the co-owner with investigations by the Mine Safety and Health Administration, several Congressional committees, Department of Labor, Utah Mine Safety Commission and other government agencies.
Kevin has analyzed, litigated, mediated and been a neutral and party- appointed arbitrator in cases in Utah, Nevada and other jurisdictions involving contract interpretation, market price reopeners, pricing disputes, plant construction issues and product quality related issues. He has been involved in contract negotiations and renegotiation. He represented the University of North Dakota against the NCAA’s attempt to stop it from using its “Fighting Sioux” nickname and logo. Kevin prevented the FBI from gaining access to top-secret government documents leaked to his father, Jack Anderson. Other cases have involved performance of technology sharing agreements, commercial lease disputes, fraud, and the enforcement of alleged verbal agreements.
Kevin has also handled Mine Safety and Health Administration special investigations seeking to impose civil and criminal liability, MSHA enforcement defense litigation, appeals before the Federal Mine Safety and Health Review Commission, and litigation challenging unlawful MSHA regulations and related regulatory actions.
Kevin has analyzed and litigated numerous claims of force majeure under fuel supply contracts involving events such as unanticipated geologic conditions, the unavailability of railroad cars and other transportation problems, earthquakes, coal frozen in railroad cars, the failure of coal processing equipment at a generating station, breakdowns of turbine generators, and other problems experienced by coal suppliers.
J.D., Georgetown University Law Center, 1981
B.A., University of Utah, 1978
Publications & Presentations
Presenter, "Disaster Response - Don't Forget ESI," at the Intermountain eDiscovery 2010 conference, September 24, 2010, Salt Lake City
Presenter, "Protecting the Privilege," at the Intermountain eDiscovery 2009 conference, May 28, 2009, Salt Lake City
Presenter, "Preparing for Dispute Resolution - Protecting Privilege, Confidentiality, and Work Product," Las Vegas, Nevada, 2008
Lecturer, "Managing Risks in a Changing Market - A Legal Perspective, Coal: Volatile Markets & Risk Management," Electric Utility Consultants, Inc. (EUCI), 2005
Lecturer, "Duty to Preserve Evidence - Spoliation and Electronic Data Discovery," Corporate Counsel Section, Utah State Bar, 2004
Lecturer, "Tribal Taxation Issues," The Public Utilities and Transportation Taxation Committee, et al., 1996
Lecturer, "Coal & Transportation Strategies," Long Term Contract Consultants, Inc., 1995
Lecturer, "Coal Contracting Strategies," Long Term Contract Consultants, Inc., 1994
Lecturer, "The Role of Utility Auditors in Litigation or Arbitration," Utilities Training Conferences, Inc., 1993, 1990
Lecturer, "Coal Procurement Strategies Based on Clean Air Act Requirements," Long Term Contract Consultants, Inc., 1992
Lecturer, "Obtaining a Collection Judgment," Utah Collection Law Seminar, Professional Education Systems, Inc., 1986, 1988
Course Instructor, "Aviation and the Law," Salt Lake Community College, 1992
Panel Member, "Deposition Strategies, Tactics and Mechanics," Professional Education Systems, Inc., 1990
Panel Member, "Teamwork: Litigation, Lawyers and Legal Assistants," Legal Assistants Association of Utah, 1990
Author, "Tribal Authority to Tax, Journal of Property Tax Management," v. 8, no. 4, Spring 1997
Co-Author, "Slow Justice: Looking for Land With the Paiutes," Utah Holiday, August, 1982
Author, "Indian Employment Preferences: Legal Foundations and Limitations," 15 Tulsa Law Journal 733, 1980
Member, Salt Lake Chamber Capitol Club, 2010-present
Trustee, Legacy Christian Fellowship of Las Vegas, 1998
Member, Las Vegas Chamber of Commerce, 1992-1998; Business/Education Collaborative, Funding and Resources Committee, 1993-1995; Member of the Women's Council
Trustee, Friends of the Tracy Aviary, 1986-1993; One of the founders of nonprofit group to help raise funds for the Tracy Aviary
Member, Salt Lake City Tracy Aviary Advisory Board, 1984-1992; Advisory Board reported directly to the Office of the Mayor on issues relating to one of two municipal owned aviaries in the United States; Chaired Capital Improvements Committee which administered over $1 million in capital improvements