Tobin D. Kern is a peer-recognized Colorado business law attorney, with over 30 years of experience. Mr. Kern specializes in two main areas: (1) outside general counsel services; and (2) business lawsuits in federal and state courts, arbitration and governmental forums.
For many consecutive years, Mr. Kern has been recognized by his peers as a 5280 Magazine “Colorado Super Lawyer,” a designation reserved for the top 5% of all attorneys in Colorado. Mr. Kern also was recently recognized as one of the top 5% of all attorneys in the U.S. by the 100% peer-reviewed Best Lawyers In America publication. Mr. Kern also is past chairman of the Colorado Bar Association’s Securities Law Section and the Financial Institutions Law Section.
As outside general counsel, Mr. Kern advises clients, and drafts agreements and documents, for company governance and operations. Mr. Kern helps companies with matters such as operating agreements, partnership agreements, articles of incorporation and bylaws, stockholder agreements, board actions, vendor, supplier and service contracts, real estate acquistions and leases, equipment leases, loan and financing contracts, employment and consulting agreements, regulatory compliance, property acquisitions and transfers, customer complaints, and other operations tasks.
As a business litigator, Mr. Kern represents businesses of all sizes, and their principals and shareholders, in federal courts, state courts, and arbitrations. Mr. Kern prosecutes or defends claims involving business partner disputes, business sales, breach of contract, breach of fiduciary duties, fraud, trade secrets, securities violations, company dissolution, creditor and debtor rights, trademark violations, Uniform Commercial Code sales, banking and other claims. Mr. Kern also has represented individuals and companies in governmental investigations and proceedings before federal and state agencies, including the Securities and Exchange Commission, the FDIC, and the Colorado Department of Regulatory Agencies.
Mr. Kern’s clients are primarily small and medium sized businesses and their owners, officers and directors. But his clients also have included Fortune 500 companies such as Sprint/T-Mobile, Molson Coors, Bank of America (NationsBank), Vail Resorts, Dominion Resources, Liberty Media, First Data, ConAgra and others. Mr. Kern also successfully litigated a multi-million dollar class action against Lumen / CenturyLink predecessor US West, on behalf of customers in six states across the West.
Prior to forming Kern Law LLC in 2015, Mr. Kern was a partner with two prominent Denver law firms, Sherman & Howard LLC and Reilly Pozner LLP, and co-founder of an Englewood general business firm. Mr. Kern also served as chief in-house counsel to the brokerage and investment advisory subsidiaries of Signet Banking Corporation, a Fortune 500 bank holding company. Mr. Kern began his career on the legislative staff of a U.S. Senator from Colorado.
Mr. Kern is a 1990 graduate of the University of Virginia School of Law, a top-10 law school where he was recognized for his oral advocacy skills. Mr. Kern’s legal writings have been published in the University of Denver Law Review, the Colorado Lawyer, Independent Bankers of Colorado Report, Colorado Bar Association Business Law Section updates, and other publications. Tobin also speaks on many occasions to bar and industry groups on business litigation trends, legal strategies and other issues.
Outside the office, Tobin enjoys spending time with his wife and four children and friends, hiking and skiing in the Colorado great outdoors, and volunteering in local schools and charities.
