Kevin Mcbride

Kevin Mcbride

Pension and Benefits Litigation; PBGC Representation; Derivatives Litigation
  • California, Utah
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Biography

McBride PC focuses on pension litigation, PBGC representation and derivatives litigation for clients in Southern California and nationwide.

Although we are a small firm, we only accept large cases on behalf of employee groups or classes against prominent companies. We typically employ other lawyers and firms to assist, as the case may require.

We particularly focus on the problem of mis-valued investments embedded in pension plans whose fair market value is hidden from pension owners and participants. We have a long history of successful litigation concerning asset valuation, including cases involving:

-- United Airlines (failure to properly value frequent flyer program)
-- Citibank (failure to fairly trade in derivative investments)
-- JPMorgan (failure to properly value proprietary derivative notes)
-- Lazard Freres (failure to properly value ESOP interests of employees)

Additionally, we have successfully represented plaintiffs in large cases against other well-known entities, including:

- IBM: $14 million settlement for small company

- PBGC (United Airlines): $42 million pension increase for 473 retired UAL pilots

- Los Angeles County: vaccination mandate litigation for 683 LA County firefighters

- United Parcel Service/Teamsters Union: independent union organization formed for 1000+ UPS pilots

Our niche is representing employee groups or classes in high-profile litigation against prominent companies.

We do not accept small value cases for individual clients.

Education
University of Utah
J.D.
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Honors: Leary Scholar (top 20%)
Activities: Utah Law Review
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University of Utah
B.A. (1981) | Economics
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Honors: Magna Cum Laude
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Professional Experience
Principal Attorney
McBride PC: Los Angeles
- Current
Business litigation involving pension plans, securities, fraud and bankruptcy proceedings in Los Angeles and nationwide.
Investment Advisor
Venture Advisors: Salt Lake City
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Represented clients in raising venture capital and private placements.
Investment Advisor
Hunter Capital: Park City Utah
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Assisted with analysis and investment of debt securities.
Attorney
Campbell, Maack & Sessions: Salt Lake City
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Focused on business litigation and fraud cases.
Attorney
Kevin McBride attorney: Washington DC
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Represented airline pilots in labor litigation, bankruptcy proceedings and union organizing in Washington DC, including pilots from United Airlines, United Parcel Service, Eastern Airlines and Frontier Airlines.
Attorney
Strong & Hanni: Salt Lake City
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First law job--complex insurance litigation.
Publications
Articles & Publications
The Proposed e-Discovery Rules for California
Lexis Nexis Expert Commentaries
Professional Associations
Federal Bar Association
Current
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Federalist Society
Current
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Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 116852
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Utah
Utah State Bar
ID Number: 04494
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Fees
  • Credit Cards Accepted
  • Contingent Fees
    Contingent fees are arranged in class action cases that we accept.
  • Rates, Retainers and Additional Information
    We are available to represent large client groups with each client contributing a pro-rata share of the expected litigation cost. This has worked out well for us across multiple cases involving employee groups from 467 clients to 1000+ clients.
Additional Practice Areas
  • Pension Litigation
  • PBGC Representation
  • Derivatives Litigation
  • Healthcare Sharing
  • Insurance Litigation re: Investment Value
  • Adversary Proceeding Representation in Bankruptcy re: Pension and Benefits
Languages
  • English
Legal Answers
Q. I developed an algorithm for stocks. It tells you which stock to buy and when. Can I publish these trades in an app ?
A: The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows: an investment adviser means any person or firm that: - for compensation; - is engaged in the business of; - providing advice to others or issuing reports or analyses regarding securities. A person must satisfy all three elements to fall within the definition of “investment adviser." SEC staff addressed these issues in an extensive interpretive release explaining how the Act applies to financial planners, pension consultants and other persons who provide investment advice. See the 1987 Interpretive Release No. 1092 (https://www.sec.gov/rules/interp/1987/ia-1092.pdf) Based on the question you asked, and without more information, I suspect that you, my friend, would fall under the definition of an Investment Adviser by selling an app, or selling a newsletter that publishes the results of your own trades using your app. Its not hard to get a license. And if you're smart enough to create the algorithm you identified in your question to pick stocks, you're definitely smart enough to pass a Series 7 or 63 exam! Finally, if you really do have an app/algorithm that accounts for the numerous nuances involved in trading (not the least of which is front-running by the algos of large investors) you certainly have something people would want to use. Basically, an algo for the little guy. Good luck!
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Websites & Blogs
Website
Blog
Contact & Map
McBride Law, PC
700 South Flower Street
Suite 1000
Los Angeles, CA 90017
Telephone: (213) 600-6077
Monday: 9 AM - 6 PM (Today)
Tuesday: 9 AM - 6 PM
Wednesday: 9 AM - 6 PM
Thursday: 9 AM - 6 PM
Friday: 9 AM - 6 PM
Saturday: Closed
Sunday: Closed