Kyle M. Heisner, RPLU


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 Technology, National Business Institute (NBI), December 2019

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), June 2015

Published Works

Duty of Technology Competence: A Primer for the Luddite Lawyer, The Voice, DRI Newsletter, December 18, 2019

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

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

New Jersey
U.S. District Court of New Jersey
U.S. District Court Eastern District of Pennsylvania
U.S. Court of Appeals 3rd Circuit
Villanova University School of Law (J.D., cum laude, 2010)
University of Maryland (B.A, 2007)
Honors & awards
Pennsylvania Super Lawyers Rising Star
Associations & memberships
Defense Research Institute, Professional Liability Publications Committee
Pennsylvania Bar Association
Philadelphia Bar Association
Professional Liability Underwriting Society
Professional Liability Defense Federation
Year joined