Kevin D. Hofman

Attorney

Minneapolis

612-672-3645

khofman@messerlikramer.com

Assistant: Bridget Killing Funches

612-672-3615

Profile Representative Experience Publications & Presentations Professional & Community Honors & Distinctions
Profile

Kevin Hofman focuses his practice on business litigation including banking, financial services, shareholder, and business disputes.  His depth of experience allows him to represent both plaintiffs and defendants, to both try and settle cases.  He regularly serves as an arbitrator for the American Arbitration Association and the Financial Industry Regulatory Authority. In addition to managing his practice, Kevin also serves as the firm’s general counsel, ethics counsel, and Chair of the Business Litigation group.

Kevin’s banking knowledge spans the Uniform Commercial Code, Reg. CC, Reg. J, and state and federal law.   He has represented and advised banks in disputes involving transfer and presentment warranties, midnight deadline issues, conversion claims, Ponzi schemes, and other fraud situations.  In the financial services area, Kevin represents customers, registered representatives, and broker dealers in securities and regulatory claims in state and federal court, before FINRA arbitration panels, and in disciplinary proceedings.  Kevin’s business litigation experience encompasses claims involving contracts, defamation, shareholder disputes, insurance coverage, business torts, and notes and guaranties.

Kevin usually gets called to the table when clients are in crisis. He brings more than just courtroom savvy to a client’s team. He offers an earnest resolve to take issues to completion, in the best way for the client. While Kevin will be a tireless advocate for the client, he separates emotions from the issue at hand and gives clients a practical solution that works for their business. Litigation is costly and time-intensive, and Kevin understands that the client’s efforts are better spent elsewhere. Kevin is efficient—his work is purposeful and he does not waste his time, or the client’s time. He is always prepared and tells clients exactly what he thinks even if it is not what they want to hear. His goal is always to help clients reach their goals.

Kevin’s attention to detail and to clients has been recognized by his peers. He has been a Minnesota Law & Politics Super Lawyer since 2000, and a Minnesota Law & Politics Top 40 ADR Super Lawyer since 2002.

Practice Areas

Business Litigation Commercial Disputes Fiduciary Duty & Shareholder Claims

Education

  • University of Notre Dame Law School, J.D.
  • Northwestern University, B.A.
Representative Experience
  • Represented national bank client on mid-six figure midnight deadline claim; clients recovered all its damages at mediation.
  • Represented bank on $2 million note and guarantees; summary judgment against borrower and two guarantors; settled with third guarantor on eve of trial.
  • Advised insured on fire coverage policy issues; negotiated full recovery of almost $900,000.
  • Obtained $600,000 judgment on defamation claim after three and a half day jury trial—before punitive damages phase—settling case for $850,000.
  • Obtained $309,000 summary judgment against borrower and guarantors; conducted sheriff’s sale of mortgaged property, and garnished other assets.
  • Represented life insurance agent against multi-million dollar defamation and interference with business relationship claims; obtaining motion for judgment as a matter of law after sixth day of FINRA arbitration.
  • Represented City of St. Paul in $5 million action alleging defective glass roof; obtaining favorable jury verdict after seven day jury trial.
  • Represented financial institution in defense of $500,000 conversion claim; motion to dismiss granted.
  • Represented bank in defense of Ponzi scheme allegations; case dismissed after appeal to Minnesota Supreme Court.
  • Represented insurer in defense against bankruptcy debtor’s motion to enforce discharge of debt; insurer allowed to recoup disability benefit overpayments.
  • Represented plaintiff national bank on $800,000 missing endorsement  warranty claim.  Case settled with bank client receiving 95% of the claim.
  • Represented manufacturer on breach of warranty claims against supplier.  Case settled favorably for client.
  • Represented bank on avoidance claims brought by bankruptcy trustee under the Minnesota Fraudulent Transfer Act.  Obtained partial summary judgment on over $1 million in claims, and avoided summary judgment against bank on $1.2 million in claims.
  • Represented national bank in dispute with courier service that lost over $4 million in checks belonging to bank’s customers.  Obtained favorable settlement for bank.
  • Assisted commercial landlords in disputes with tenants over rent payments during COVID-19 pandemic.  Worked out deferred and abated rent, and extended lease agreements.
  • Represented software developer against copyright infringement claims.  Negotiated settlement before suit initiated.
  • Represented company and individual on defamation claim against internet service provider.  Negotiated settlement for clients.
  • Represented bank on customer’s unauthorized funds transfer claim under UCC Article 4A.  Negotiated favorable settlement.
  • Represented landlord on rent claim against tenant that abandoned leasehold.  Negotiated favorable settlement.
  • Represented lender against defaulting borrower.  Obtained and enforced stipulated judgment for full $136,000 due.
  • Represented national bank in $2 million Ponzi scheme avoidance action in bankruptcy court.  Case settled favorably for client after summary judgment and other motions.
  • Represented borrower in foreclosure of multi-million loan on health care facility shuttered during COVID.  Attained favorable reduction of loan and refinancing.
  • Represented interventional radiologist on wrongful termination claim.  Obtained favorable verdict after three-day arbitration.
  • Represented gravel company on claims over lease for gravel pit.  Obtained favorable settlement.
  • Represented two non-profit housing entities on subpoenas seeking broad information in landlord’s case against city.  Limited scope of subpoenas, and obtained payment for productions.
  • Represented national bank on forged check claim against depository bank.  Case settled for 100% of claim after summary judgment motion served.
  • Represent and advise assisted living facility during Attorney General Medicaid Fraud Unit interview and investigation.
Publications & Presentations

Presentations

  • Moderator, “Judge’s Panel – New Lawyer’s CLE” – Minnesota CLE, 2015 – Present
Professional & Community

Admissions

  • Minnesota
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Western District of Michigan
  • U.S. Court of Appeals, Eighth Circuit

Associations

  • Minnesota State Bar Association, Member
  • Hennepin County Bar Association, Member
  • American Arbitration Association, Arbitrator
  • Financial Industry Regulatory Authority, Arbitrator
  • Minnesota Board of Continuing Legal Education, Chair of the Board
  • National Futures Association, Arbitrator

Community Involvement

  • Partnership Resources, Inc., Director & Secretary, Governance Committee
  • End in Mind Project, Director & Chair of Development Committee
  • Taste of Art Fundraiser
  • Volunteer Lawyers Network, Founding 100 Member
Honors & Distinctions

  • Martindale-Hubbell® AV Preeminent® For Ethical Standards and Legal Ability

  • Super Lawyer, Minnesota Law & Politics and Minnesota Super Lawyers®, 2000 – 2025

  • Top 40 ADR Super Lawyer, Minnesota Law & Politics and Minnesota Super Lawyers®, 2002 – Present