Kevin D. Hofman

Attorney

Minneapolis

612-672-3645

khofman@messerlikramer.com

Assistant: Jennifer Storberg

612-672-3615

Profile Representative Experience 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 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

  • U.S. Bank, N.A. v. Steel Valley Federal Credit Union (at outset of action, defendant paid full amount of $80,000 check on missing endorsement claim)

  • 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. M& I Marshall and Ilsley Bank v. PureChoice, Inc.

  • JPV Properties, LLC re: Midwest Family Mut. Ins. Co. (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. Taylor v. Feltl and Co.

  • Obtained $309,000 summary judgment against borrower and guarantors; conducted sheriff’s sale of mortgaged property, and garnished other assets. First Nat’l Bank of Elk River v. Bonnyview Prop., LLC

  • Represented financial institution in award for summary judgment on $61,000 check warranty claim. U.S. Bank National Association v. Bank of America National Association

  • Intervened in action involving state budget; obtained funding for members of three associations who serve people with disabilities In Re Gov’t Shutdown Litig.

  • 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. Anderson v. Brannan

  • Represented City of St. Paul in $5 million action alleging defective glass roof; obtaining favorable jury verdict after seven day jury trial. Town Square Realty, LLC v. City of St. Paul.

  • Represented financial institution in defense of $500,000 conversion claim; motion to dismiss granted. Murray Law, LLC v. U.S. Bank

  • Represented pharmacy in defense of class action brought by health and welfare funds; case dismissed and decision affirmed by Minnesota Supreme Court. Graphic Communications Local 1B Health & Welfare Fund “A” v. CVS Caremark Corp.

  • Represented bank in defense of Ponzi scheme allegations; case dismissed after appeal to Minnesota Supreme Court. Finn v. Alliant Bank

  • Represented insurer in defense of bankruptcy trustee’s claw-back action alleging preferential transfer; case dismissed without any payment by client. Jevic Transp., Inc. v. ReliaStar Life Ins. Co. of New York

  • Represented insurer in defense against bankruptcy debtor’s motion to enforce discharge of debt; insurer allowed to recoup disability benefit overpayments. Negron v. Disability Ins. Specialists, LLC

  • Represented supplement manufacturer against OSHA claim by former employee; complaint dismissed after day-long hearing before Administrative Law Judge. Gonzalez v. Milk Specialties, Global

  • Represented bank in defense of fraud claims taken by FDIC; reached favorable settlement before trial. Gempeler v. FDIC as Receiver for First Integrity Bank, NA.

  • Represented individual owner of construction businesses on claims for pension fund withdrawal penalty; avoided summary judgment and obtained favorable settlement before trial. Twin City Carpenters Pension Master Trust Fund v. Phantom Construction Services, LLC.

  • Represented client in defense of claim for commissions; received favorable verdict after three day bench trial. Whinfield v. Capitas Distributors, Inc.

  • Represented health clinic against former officer’s wage and promissory note claims; favorable verdict after five day jury trial Mussa v. Universal Medical Services, Inc.

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

  • Hennepin Healthcare Community Advisory Board, Member
  • Partnership Resources, Inc., Director & Secretary
  • 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 – 2023

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