Hofmann, Kent

Kent Hofmann


Partner

 

Overview

Kent Hofmann is a commercial litigator in the Austin office of Locke Lord LLP. He has represented clients in lawsuits and arbitrations involving commercial lending and lender liability claims, contract claims and interpretation, and, for healthcare clients, regulatory and administrative litigation against state agencies. Kent is also experienced in matters of construction litigation and mechanic's liens, insurance coverage, copyrights, trademarks, receiverships, and real estate, among others.

Representative Experience

Business Litigation

  • Repeated representation of bank in disputes and lawsuits involving lender liability, deficiency claims, executions and collections, property tax lending, subpoenas and other matters
  • Represented client in litigation concerning contract and other claims regarding clinical trials of pharmaceutical in which plaintiff alleged damages of $50 million
  • On trial team that obtained a take-nothing jury verdict for an insurer sued by a former agent alleging claims for $70 million
  • Obtained summary judgment for plaintiff in breach of contract lawsuit concerning failure to repurchase mortgage loans, and defended judgment on appeal
  • Represented telecommunications company in litigation over the sale of a business unit and a related services contract
  • Obtained summary judgment for bank on breach of contract claims brought by construction company and on bank’s affirmative claim against borrower for indemnity
  • Obtained summary judgment for bank dismissing lender liability claims and granting breach of contract claims for deficiency remaining after foreclosure
  • Obtained injunctive relief for client in a partnership dispute related to low-income affordable housing tax credits
  • Represented commercial landlords at trial in eviction and breach of lease litigation

Administrative Litigation

  • Led litigation team that represented healthcare provider in administrative appeal of Medicaid Integrity Contractor (MIC) audit findings
  • Representing healthcare provider in appeal of extrapolated ZPIC audit, now at ALJ level
  • Leading litigation team defending healthcare provider against administrative penalties and license revocation
Insurance Litigation
  • Obtained summary judgment for insurer in lawsuit alleging wrongful cancellation of a life insurance policy
  • Advised insurers on life insurance coverage issues
  • Represented insurers in litigation alleging breaches of life and disability policies
  • Represented reinsurer in contract dispute and obtained transfer of venue in order to assert arbitration clause

Construction Litigation

  • Defended bank in several disputes and lawsuits concerning mechanic’s liens and removables
  • Experienced in analyzing mechanic's lien claims

Receiverships

  • Represented bank as intervenor in receivership action
  • Represented receivers appointed to manage commercial buildings

Real Estate Litigation

  • Represented prospective purchaser in litigation seeking specific performance of sale of residential property

Intellectual Property Litigation

  • Represented manufacturer of casino and gaming equipment in copyright infringement litigation
  • Represented franchisor in lawsuit alleging unauthorized use of trademarks
  • Represented insurer in dispute concerning trade names

Negligence and Products Liability Litigation

  • Represented small business in litigation involving claims of negligent hiring related to alleged assaults.
  • Defended manufacturer in litigation involving a refuse truck damaged by fire

Other experience

  • Represented entities and individuals in special appearances, obtaining dismissal from lawsuits for lack of personal jurisdiction
  • Cost-effective 50-state surveys, including in defense against putative class actions and for legal issues involving UCC warranty claims and judicial selection methods
  • Review and editing of appellate briefs

Professional History

  • Locke Lord LLP (2001 - present)

Reported Decisions

  • Khatib v. Cathay Bank, 2012 WL 3072326 (N.D. Tex. July 26, 2012)

Professional Affiliations and Recognitions

  • Member, State Bar of Texas
  • Member, Austin Bar Association Communications Committee

Community Leadership

  • Fellow, Texas Bar Foundation
  • Repeated representation through Volunteer Legal Services of individuals seeking a divorce
  • Served on Locke Lord team that worked with Texas Appleseed on projects that supported passage of the Michael Morton Act reforming discovery procedures in criminal matters and the implementation of the same
  • Participate in University of Texas School of Law mentorship program