STEVEN W. KASTEN

Principal

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Address
Yurko, Salvesen & Remz, P.C.
One Washington Mall, 11th Floor
Boston, Massachusetts 02108-2603

Education

University of Michigan Law School, J.D., 1991, magna cum laude, Order of the Coif.  Editor, Michigan Law Review.

The Johns Hopkins School of Advanced International Studies, M.A., 1985.

The Johns Hopkins University, B.A., cum laude, 1984.

Career Moves

Steve attended law school after working as an International Trade Analyst at the U.S. Commerce Department, and then as an International Economist at Merrill, Lynch, between 1985 and 1988. Steve began his law practice as an associate in the Trial Department at McDermott Will & Emery, LLP in 1991, and continued his practice there as a partner from 1996 until June 2009, serving as a member of the Employee Benefits Litigation Group and as a member of the firm’s Professional Responsibility Committee.  Steve joined Yurko, Salvesen & Remz in June 2009.  

Practice

Over his almost two decades in practice, Steve has distinguished himself as a forceful advocate and thoughtful counselor for clients involved in, contemplating, or seeking to avoid litigation. Steve has extensive trial and appellate experience in State and Federal Courts in and outside of Massachusetts, as well as in arbitration, mediation, and before government agencies, and has tried numerous cases to judgment.  In October 2009, Steve was inducted as a Fellow in Litigation Counsel of America, a national trial lawyer honorary society.

Steve focuses his practice on complex business disputes, including shareholder disputes both in public and closely held companies; unfair competition claims particularly in product distribution/dealer termination matters, and claims for breach of contract or negligence in performance of professional services.  Steve has substantial experience in the defense of ERISA fiduciary claims, in environmental litigation under NEPA/MEPA, the Clean Air Act, and the Endangered Species Act; and in disputes and disciplinary matters involving hospitals, health and welfare plans, and other health care providers. 

Representative Engagements:

• Represented ERISA trustees in cases alleging breach of fiduciary duty for investing in employer securities.
• Represented Port Authority in litigation to enable construction of new runway at Logan International Airport, and in defense of related NEPA and MEPA claims.
• Represented regional automobile distributor in antitrust/RICO class action by dealer network alleging illegal “option-packing” of wholesale cars.
• Represented wine manufacturers in defense of wholesaler termination proceedings before Massachusetts Alcohol Beverages Control Commission and in Court.
• Represented community hospital in governance dispute concerning legal status of hospital medical staff, and represented community hospitals and providers in internal disciplinary and board of registration matters.
• Represented foam manufacturer sued in The Station Nightclub Fire Litigation.

Professional Associations

• Member of the Boston Bar Association, Ethics Committee
• Member of the Boston Bar Association, Litigation Section
• Member of the American Bar Association, Litigation Section and  ERISA Litigation Committee
• Member of the John Hopkins University National Alumni Schools Committee

Publications and Seminars

Calculating Damages in 401(k) Litigation Over Company Stock, Benefits Law Journal, Vol. 19, No. 1 (Spring 2006)(with Nancy G. Ross).

SJC reaffirms limited role of courts in regulating public infrastructure projects, Section Review, Mass. Bar Association, Vol. 7, No. 1 (2005)

Third-Party Review of Adverse Health Benefits Determinations Under the Massachusetts Manages Care Patient Protection Act; Evaluation of Possible ERISA Pre-emption, Boston Bar Journal, Vol. 45, No. 3 (May/June 2001)

Panelist, Closely Held Corporations, BBA Business Law and Litigation Sections CLE, April 27, 2007.

Panelist, What’s New With MEPA? Regulatory Practice and Litigation, BBA Environmental Law Section CLE, March 25, 2004.

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