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Kevin G. Hroblak
Partner, Co-Chair of Litigation Department
7 Saint Paul Street
Baltimore, MD 21202-1636
Phone: 410.347.9405
Fax: 410.223.4305
khroblak@wtplaw.com
Awards

Kevin Hroblak, a partner in WTP's Baltimore office, co-chairs the firm's Litigation Services Department, which includes all litigation services provided by the firm.  Mr. Hroblak’s experience extends across a broad array of business litigation and governance matters, including representing companies, trustees, creditors, special committees and directors and officers in connection with investigations and litigation involving director and officer liability claims, mismanagement and business fraud, government and corporate investigations, professional liability insurance claims, auditing and accounting malpractice, and other business-related litigation.  He also represents companies, creditors, and trustees in financial restructurings, bankruptcy proceedings, and related litigation.  Mr. Hroblak litigates and handles appeals in state and federal courts across the country. 

A representative sample of his experience is as follows:

Corporate Governance, Professional Liability, Trustee Representation, Bankruptcy Litigation, and Special Counsel Services

  • Counsel to John DeGroote Services, LLC, as trustee of the BearingPoint Liquidating Trust, in the investigation and pursuit of claims against a former officer and directors of BearingPoint, Inc. for alleged breach of fiduciary duties.  The bankruptcy case of BearingPoint, Inc. was filed in the United States Bankruptcy Court for the Southern District of New York, and the corporate governance lawsuit was filed in Virginia and settled for $55 million.
  • Litigation Counsel to Chapter 7 Trustee in Delaware liquidation of Just for Feet, Inc. (the second largest national shoe and sporting apparel retailer) with litigation of claims in Alabama against the Debtors' former officers, directors, and independent accounting and auditing firm.  The Wall Street Journal reported that the settlement with the directors "is believed to be among the largest out-of-pocket payments by outside directors following corporate fraud allegations."
  • Counsel to former founder, Chief Executive Officer, and member of the Board of Directors in claims asserted by a Creditors Committee relating to alleged director and officer liability resulting from the operations of a blood laboratory that was investigated and pursued by the government for alleged false claims.
  • Counsel to Trust established In re Saint Vincent Catholic Medical Centers (New York hospital and healthcare system) and investigation and pursuit of director and officer liability and professional malpractice claims in New York.
  • Special Litigation Counsel to the Chapter 7 Trustee of RoomStore, Inc, a national furniture retailer, in a breach of fiduciary duty case against the former Chairman of the Board relating to alleged loyalty breaches during a Chapter 11 bankruptcy case. Case settled favorably during the multi-week trial prior to the close of Trustee's case.
  • Litigation Counsel to Natchez Regional Medical Center in its Chapter 9 bankruptcy case in Natchez, Mississippi pursuing claims of officer liability, fraud, professional malpractice, and breach of contract liability claims against former officers and a hospital management company.
  • Special Litigation Counsel to Chapter 11 Trustee of In re Taneja, et al. in several hundred million dollars of fraudulent conveyance and preference litigation arising from operation of mortgage company Ponzi scheme.
  • Counsel to bankruptcy liquidating trust created in the bankruptcy cases of LandAmerica Financial Group, Inc., and its affiliates, in the investigation and pursuit of professional liability claims. Confidential arbitration award entered after three week trial before the International Institute for conflict Prevention and Resolution ("CPR").
  • Counsel to the Creditors Committee, Creditors Trustee, and Plan Administrator in liquidation of HealthEssentials Solutions, Inc. and its affiliates (a national healthcare provider) in Kentucky, and litigation involving Medicare false claims, accounting malpractice, director and officer liability, and a criminal and civil investigation by the United States arising from whistleblower claims in Kentucky and New York.
  • Counsel to Hancock Medical Center, a community hospital in Bay St. Louis, Mississippi, in pursuing professional malpractice and breach of contract claims against a national hospital management company relating to the operations and management of the hospital.
  • Counsel to Liquidating Trustee in investigation and pursuit of claims against officers and members of In re Shapes/Arch LCC, an aluminum extrusion industrial company, and its affiliates in New Jersey.
  • Special Litigation counsel to Debtors in In re Roper Brothers Lumber Company in Richmond, Virginia, in investigation of claims against insider officers and directors.
  • Special Counsel to Litigation Trust as a result of Converse, Inc.'s reorganization in Delaware and investigated accounting and insider liability claims and prosecuted hundreds of preference and fraudulent transfer claims.
  • Special Litigation Counsel to Litigation Trust in a professional liability action against an accounting firm arising from an international airline's (Tower Air, Inc.) liquidation in New York and Delaware.
  • Counsel to Chapter 7 Trustee of Rowe Furniture, Inc. and the estate of Storehouse, Inc., a furniture manufacturer and retailer, in the investigation and prosecution of director and officer claims in Virginia. This matter was settled very favorably without the need of filing a complaint.
  • Counsel to a Litigation Trustee in liquidation of an airline industry service company, (Air Cargo, Inc.) including professional malpractice, director and officer liability, and preference investigations and litigation.
  • Counsel to manager and members of Lynx Chemical Group LLC in defense of corporate governance suit in Atlanta, Georgia.
  • Counsel to Spheris Holding III, Inc. in analysis and investigation of corporate governance issues relating to In re Spheris, Inc. et al. in Delaware.

Business Litigation, Appellate Practice, and Alternative Dispute Resolution

  • Counsel to numerous businesses and individuals in commercial and business contract, tort, and other disputes in various state and federal courts.
  • Counsel to companies in criminal indictment by the United States and related government investigations.
  • Represented Wilmington Trust FSB and one of its vice-presidents in a multi-million dollar lender liability action in the United States District Court for the District of Maryland. WTP asserted counter-claims against the plaintiffs for breach of guaranty obligations arising out of a commercial floor plan loan to the plaintiffs. After WTP filed both a Motion to Dismiss the Complaint and a Counter-Claim on behalf of the Bank, the U.S. District Court judge took the extraordinary step of re-designating the parties and making the Bank the Plaintiff. Thereafter, the case settled favorably for the Bank.
  • Handled appeals in several state courts, federal district courts, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court.
  • Participated in numerous mediations and mandatory arbitrations involving business litigation and professional liability matters.

Healthcare

  • Counsel to Hancock Medical Center in claims involving over staffing, physician contracts, revenue cycle management, and other stark and compliance matters.
  • Counsel to former CEO, director, and founder of blood laboratory, Health Diagnostics Laboratory, in claims involving allegations of anti-kickback claims, lack of medical necessity, and false claims.
  • Counsel to Natchez Regional Medical Center in claims involving over staffing, revenue cycle management, compliance with state and federal healthcare laws, including stark, and hospital accounting irregularities.
  • Counsel to successor to HealthEssentials Solutions, Inc. in negotiation of criminal and civil resolutions with Department of Justice involving over billing, lack of medical necessity, and improper coding claims.
  • Counsel to St. Vincent Medical Center against management and professionals for mismanagement.

Business Reorganizations, including Bankruptcy, Creditors' Committee Representation, Chapter 11 Reorganization, Creditors' Rights and Loan Workouts

  • Debtors' Reorganization Counsel for the Sunterra Corporation, then the world's largest publicly-traded timeshare resort company with over $1 billion in assets.
  • Counsel to Creditors' Committee in Chapter 11 case and subsequently counsel to Chapter 7 Trustee in bankruptcy of Bay Management, a multi-location Blockbuster video franchisee.
  • Debtors' co-counsel in Chapter 11 reorganization case of In re National Energy & Gas Transmissions, Inc. (f/k/a/ PG&E National Energy Group, Inc.), a multi billion-dollar energy company that focused on power generation and natural gas transmission in North America.
  • Representation of landlord in Circuit City, Old Country Buffet, and other retail bankruptcy cases.
  • Out-of-court workout of multi-location commercial construction equipment rental and sales company.
  • Out-of-court workout and sale of telemarketing company.
  • Counsel to Chapter 7 Trustee in the case of In re Coleman Craten LLC/In re Monica Lynn Coleman, involving the investigation of fraud and Ponzi scheme claims and liquidation of estates of stock brokerage firm and its principal.
  • Counsel to the Chapter 7 Trustee of The Finance Company of America, L.P., a Maryland-based business credit investment institution in, among other things, investigation of potential claims against officers and business fraud.
  • Out of court liquidation of holding company in medical service industry
  • Counsel to creditors and defendants in claims brought by the Trustee for Bernard Madoff
  • Counsel to gaming casino trademark licensor in pursuit of claims
  • Counsel to regional and national landlords in various bankruptcy cases relating to claims and lease assignments / assumptions
  • Representation of businesses and individuals in preference, fraudulent transfer, and other avoidance actions in bankruptcy cases

Electronically Stored Information

  • Oversees the firm's in-house electronic data processing litigation support services
  • Handled and planned discovery for cases involving small amounts of electronic data to global company electronic discovery matters involving millions of documents and third-party e-Discovery subpoenas
  • Experience with current technologies for processing e-Discovery, including early metrics processing, search tools and various review platforms

Recognitions

  • AV-Preeminent Peer Review Rated: Martindale-Hubbell
  • Selected as one of Washington DC & Baltimore’s Top Rated Lawyers by ALM, publisher of the National Law Journal, Corporate Counsel and The American Lawyer
  • Maryland Successful by 40 - VIP List, The Daily Record (2011)
  • Listed as a "Litigation Star" in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys, 2010 to present
  • Listed as a "Litigation Star" in Benchmark Plaintiff Litigation: The Definitive Guide to America's Leading Plaintiff Litigation Firms and Attorneys, 2012 to present
  • Ranked in Chambers USA: America's Leading Lawyers for Business as a leading Commercial Litigation and Bankruptcy Litigation lawyer
  • Ranked among the leading bankruptcy lawyers in the Northeast region of the United States by Legal 500
  • Listed in Best Lawyers in America, 2019
  • Listed in Maryland Super Lawyers, 2009 - 2011, 2013 - present
  • Selected as one of the "Best Bankruptcy Lawyers in Maryland" by LegalForce and peers
  • The National Trial Lawyers: Top 100 Trial Lawyers

Publications & Presentations

  • Speaker: Association of Corporate Counsel, "Director and Officer Duties and Insurance Coverage" (2016)
  • Speaker: “Cracking the D&O Code: The Keys to Insurance Recovery and Injunctive Orders in Bankruptcy Court," American Bankruptcy Institute (ABI) Southeast Bankruptcy Workshop, Florida, (July 21-24, 2016)
  • Lecturer: Association of Corporate Counsel, Maryland chapter, "Director and Office Considerations in a Distressed Environment" (2014)
  • Lecturer: National Association of Bankruptcy Trustees, "Director & Officer Liability Claims" (2012)
  • Lecturer: American Bankruptcy Institute Southeast Workshop, "Director and Officer Claims" (July 2011)
  • Lecturer: 4th Global Forum on Investing in Distressed Debt: Los Angeles, California (2009)
  • Lecturer:  Lorman Education Services
  • Co-Author: "Inside the Minds: Best Practices for Addressing Professional Liability Claims," Thomson Reuters (2015)
  • Author: "Fiduciary Duties and Insurance in a Distressed Corporate World," Newsletter of the Maryland Chapter of the Association of Corporate Counsel (2013)
  • Co-Author: “The ABC’s of D&O Claims for Trustees” Journal of the National Association of Bankruptcy Trustees, Vol. 23, Issue 3 (Fall 2013)
  • Co-Author: "The Missing Piece of Accountability: Agency Liability for Corporate Officers" ABI Journal, Vol. XXXI, No. 1, February 2012.
  • Author: "Keeping Fiduciary Duties in the Crosshairs When Your Company is in Financial Distress" Association of Corporate Counsel, 2nd Quarter Newsletter (2011)
  • Author: "Preferential and Fraudulent Transfer Under the Bankruptcy Code and Maryland State Law" (February 2004)
  • Author: "Have You Been Preferred?" Baltimore Business Journal (2004)
  • Co-Author: "The Fifth Amendment and the Bankruptcy Code"  Maryland Bankruptcy Bar Association (2000)
  • Contributor: "Ask the Legal Professional"  Baltimore Business Journal (2006)

Memberships & Activities

  • Fellow: Litigation Counsel of America
  • Member: Maryland State Bar Association
  • Member: Maryland Bankruptcy Bar Association
  • Member: American Bar Association
  • Member: American Bankruptcy Institute
  • Member: National Association of Bankruptcy Trustees
  • Board Member: Rebuilding Together Baltimore
  • Member: National Association of Corporate Directors
  • Member: American Bar Association Corporate Governance Task Force
  • Judicial Clerk: Hon. Sally D. Adkins, Court of Special Appeals of Maryland (1998-1999)
  • Editorial Board: University of Baltimore Law Review
  • Member:  Heuisler Honor Society

Education

  • University of Baltimore School of Law (J.D. 1998) magna cum laude
  • Pepperdine University School of Law, Straus Institute for Dispute Resolution (“Mediating the Litigated Case” Training )
  • Salisbury University (B.S. 1995) magna cum laude