Tobin D. Kern

Specialties: Business Litigation, Securities and Intellectual Property Litigation, and General Business Law
Tobin D. Kern

Tobin D. Kern is a peer-recognized, 30-year Colorado business litigator and business law attorney. Mr. Kern specializes in three practice areas:  (1) business lawsuits in federal and state courts and arbitration forums; (2) securities and intellectual property litigation; and (3) legal aspects of daily business operations, including contract drafting and negotiation, compliance and other issues.

Mr. Kern's business litigation practice includes representation of businesses of all sizes, and their principals or shareholders, as plaintiff or defendant, on claims for breach of contract, breach of fiduciary duties, fraud, trade secrets, securities violations, business torts, insurance coverage, partnership/LLC dissolution, creditor and debtor rights, trademark violations, Uniform Commercial Code claims and other claims. 

Mr. Kern, a past chairman of the Colorado Bar Association's Securities Section and Financial Institutions Section, also frequently represents individuals and companies in governmental proceedings before federal and state agencies, including defense of governmental claims by securities, banking, medical and other regulators.   On the prosecution side, Mr. Kern assists "whistleblowers" in reporting fraud to the SEC and IRS and qualifying clients for financial awards under the whistleblower programs of those two federal agencies.  Mr. Kern also was recently appointed to serve as a FINRA arbitrator for securities industry disputes.

In addition to his litigation practice, Mr. Kern advises business clients on nearly all aspects of their operations, including formation, capital-raising, governance and membership, contracts, compliance and other matters.

For many years, Tobin has been recognized by his peers as a 5280 Magazine “Colorado Super Lawyer” in Business Litigation and Securities Litigation, designations reserved for the top 5% of all attorneys in Colorado.  Before launching Volant Law with Brad Benson, Tobin was a partner with two prominent Denver law firms, Reilly Pozner LLP and Sherman & Howard LLC.  Tobin also previously served as in-house litigation and compliance counsel to the bank, trust, brokerage and insurance subsidiaries of Signet Banking Corporation, a public, Fortune 500 company. Tobin also previously served on the legislative staff of a U.S. Senator from Colorado.

Tobin combines his in-house, outside counsel and arbitrator experience to bring a practical, yet aggressive, approach to business deals and disputes.

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, and a 1986 graduate of Liberty University (summa cum laude). Tobin’s legal writings have been published in the University of Denver Law Review, the Colorado LawyerIndependent Bankers of Colorado Report, Colorado Bar Association Business Law Section updates, and other publications. Tobin also has spoken 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 mostly-grown children, hiking and skiing in the Colorado great outdoors, and serving in the Denver community.