Kevin Hroblak has contributed a chapter, entitled “Considerations for Directors and Officers of Distressed Companies,” to a new book from Aspatore Books, a division of Thomson Reuters. The volume, Best Practices for Addressing Professional Liability Claims, gives an insider’s perspective on preventing, litigating and defending malpractice claims. Kevin’s chapter discusses various duties and obligations of directors and officers of financially challenged businesses.
Kevin G. Hroblak
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.
- 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
- 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
- Listed in Maryland Super Lawyers
- Selected as one of the "Best Bankruptcy Lawyers in Maryland" by LegalForce and peers
- The National Trial Lawyers: Top 100 Trial Lawyers
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
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.
- Counsel to Unsecured Creditors Committee of Videology, Inc. in investigation and claims against directors and officers and noteholders.
- 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.
- Counsel to directors from private equity fund in suit by bankruptcy trustee alleging breach of fiduciary duties. Settled favorably for nuisance value.
- 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.
- Counsel to Unsecured Creditors Committee in VER Technologies, Inc. in investigation and assertion of claims involving eight-figure fraudulent transfer arising from leveraged buy-out transaction.
- 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 trustee of assigned company claims of American Apparel against its former director and officer, Dov Charney, in breach of fiduciary duties case.
- 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. Significant award obtained in trial.
- 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 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.
- Counsel to trusts owning significant coal reserves in West Virginia in breach of lease case against Murray Energy Corporation and its affiliate.
- 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.
- Counsel to partner in nursing home investment venture involving numerous nursing homes, assisted living facilities, and management companies in litigation against other partner.
- 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.
- 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 national retirement and senior care facilities in governance and risk management representation.
- 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
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)
The American Bankruptcy Institute is a multi-disciplinary, nonpartisan organization devoted to bankruptcy issues. ABI has more than 13,000 members, representing all facets of the insolvency field. For more information, visit ABI World at www.abiworld.org.
The historic downturn in the economy has negatively impacted the financial statements and operations of many companies. The directors and officers of those companies undoubtedly are focused on improving financial performance, rehabilitating operations, and navigating the company through the financially turbulent times. They must not lose sight, however, of the fiduciary duties they owe to the company they serve, including special duties that arise when a company becomes "insolvent."
As the wave of bankruptcy filings continues, at some point, a business that provides trade credit to other businesses and customers is likely to encounter a lawsuit seeking return of payments as a “preferential” transfer. This type of lawsuit typically seeks recovery of the amounts paid for goods or services by a customer that has subsequently filed for bankruptcy protection.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan.
Forty-one Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland and Kentucky for 2017
Whiteford, Taylor & Preston is pleased to announce that 41 of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in Maryland and Kentucky joining the sixteen who were listed earlier this year in Delaware, D.C., Pennsylvania and Virginia.
Whiteford, Taylor & Preston and 21 Lawyers Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that, in addition to ranking the firm highly in its 2016 list of Maryland’s leading firms and business lawyers, Chambers and Partners have added new Whiteford lawyers in Maryland and Delaware.
The practice group rankings are based on the high rankings of 21 individual lawyers.
Benchmark Litigation has named Whiteford, Taylor & Preston LLP “Maryland Law Firm of the Year” for 2016. The award was presented February 12 at Benchmark Litigation’s annual U.S. awards ceremony in New York City. In published commentary, Benchmark Litigation describes Whiteford, Taylor & Preston as “simply top-notch” and states that “[c]lients flock to the firm for its ‘excellence in litigation skills and experience.’”
Whiteford, Taylor & Preston is pleased to announce that 43 of its attorneys are listed among the 2015 Super Lawyers and Rising Stars in Maryland.
The 2016 edition of Benchmark Litigation has ranked Whiteford, Taylor & Preston as “Highly Recommended” in Maryland. The ranking is the publication’s top rating and identifies those firms it deems “dominant” in the state.
In addition, Benchmark Litigation named eight lawyers from the firm as Maryland “Local litigation Stars.” The selected lawyers represent the broad diversity of the firm’s litigation experience, from sophisticated business litigation to bankruptcy to products liability.
Whiteford, Taylor & Preston is pleased to announce that the 2015 edition of Chambers USA recognizes 17 of its lawyers as leaders in their fields and, in addition, has ranked six of Whiteford’s practice areas.
Fifty-One Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland; Two in Maryland Listed in "Top 100"
Whiteford, Taylor & Preston and 12 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2014/2015 list of America’s leading firms and business lawyers.
In addition, twelve of the firm’s partners received individual recognition, as seen below.
Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.
The 2014 editions of Benchmark Litigation and Benchmark Plaintiffs have ranked Whiteford, Taylor & Preston in the top tier of litigation firms in Maryland.
Eight lawyers from the firm were named as Maryland “Local litigation Stars” in Benchmark Litigation, and three of them were also named in Benchmark Plaintiffs. In addition, Daniel Griffith, the head of the firm’s Wilmington office, continued to be listed as a “Future Star” in the rankings for Delaware.
Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2013/2014 list of America’s leading firms and business lawyers.
In addition, thirteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year as "Up and Coming" in both General Commercial and Bankruptcy Litigation. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has ranked the firm's Bankruptcy Litigation practice "Band 1," the highest ranking, which again makes it the only bankruptcy practice in the state to receive this ranking. It is based on the entire group's work, but calls out specifically three partners in the group. Other than the lawyers in WTP's bankruptcy litigation group, only seven other lawyers across the nation received a Band 1 rating in Bankruptcy Litigation.
DALLAS, Mar 21, 2013 (BUSINESS WIRE) -- John DeGroote Services, LLC, as Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust, announced today that the Trust settled its lawsuit against former Directors and the former Chief Executive Officer of BearingPoint, Inc. Under the settlement the Trust will receive $55 million, with no admission of liability and a release of claims by all parties.
Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.
Legal Media Group, publisher of the well-known guide Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys, which focuses exclusively on litigation in the United States, also researches and ranks the nation’s top plaintiff lawyers in their Benchmark Plaintiff guide.
Whiteford, Taylor & Preston and 14 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2012/2013 list of America’s leading firms and business lawyers.
In addition, fourteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year for the first time in the Litigation category. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.
For the first time, Legal Media Group, publisher of the well-known guide Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys, which focuses exclusively on litigation in the United States, has researched and ranked the nation’s top plaintiff lawyers in their new Benchmark Plaintiff guide.
The 2012 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys has once again ranked Whiteford, Taylor & Preston in the top tier of litigation firms in Maryland, with more ranked lawyers than any other firm on the list.
Ten lawyers from the firm were named as “Local litigation stars” and one as a “Future Star.”
Only seven firms in Maryland received the highest ranking of “Highly recommended,” which indicates those firms deemed “dominant” in the state.
On September 26, 2011, The Daily Record announced the current “VIP - Successful by 40” winners. Kevin G. Hroblak, a partner in the Bankruptcy and Business Litigation practices at the firm, was selected for his professional and civic accomplishments.
Forty-Seven Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars; More Named in "Top 50" Than Any Other Maryland Law Firm
Whiteford, Taylor & Preston is pleased to announce that 47 of its attorneys are listed among the 2011 Maryland and Virginia Super Lawyers and Rising Stars.
Whiteford, Taylor & Preston is pleased to announce that 39 of its attorneys are listed among the 2010 Maryland Super Lawyers and Rising Stars. They join three attorneys previously named as Super Lawyers or Rising Stars in Virginia.
Ten lawyers from Whiteford, Taylor & Preston in Maryland and two in Delaware have been selected by Euromoney's Legal Media Group as "leading litigation attorneys." Their names appeared in the 2010 edition of the guide Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys. This is an increase of six over last year. In Maryland, the firm has substantially more ranked lawyers than any other firm on the list.
Paul Nussbaum and Kevin Hroblak, partners in WTP's Business Reorganization and Bankruptcy group, have been singled out in an international lawyer rating as among the leading bankruptcy lawyers in the Northeast region of the United States.
Whiteford, Taylor & Preston Obtains $6.625 Million Recovery for Bankrupt Furniture Manufacturer and Retailer from Directors and Certain Officers
Whiteford, Taylor & Preston LLP's (WTP) pursuit of claims against the former directors and certain officers of The Rowe Companies and its two subsidiaries, Rowe Furniture, Inc. and Storehouse, Inc., has resulted in a $6.625 million settlement for the firm's clients, Donald F. King, the Chapter 7 Bankruptcy Trustee of Rowe Furniture, Inc., and Guy A. Davis, the Chief Liquidation Officer of bankrupt Storehouse, Inc. and the Liquidating Trustee of The Rowe Companies.
Whiteford, Taylor & Preston is pleased to announce that 39 of its attorneys are listed among the 2009 Maryland Super Lawyers.
Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that Kevin G. Hroblak has been elected to the Board of Directors for Rebuilding Together Baltimore.
Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that Robert S. Collins, Michael C. Gartner, Kevin G. Hroblak, Jennifer S. Jackman, Jennifer Ryan Lazenby, Dennis J. Shaffer, and J. Daniel Vorsteg have been made partners.
Once again, WTP has sponsored a house for the Rebuilding Together-Christmas in April Project. This will be Kevin Hroblak’s sixth year acting as House Captain and organizing this firm event. Rebuilding Together is a national organization that mobilizes volunteers one day every year to provide basic home repair and renovation services to individuals in need. This year's project will take place on April 30, 2005. Contact firstname.lastname@example.org for more information.