Robert McWhorter is Co-Chair of the Firm's Financial Services and Bankruptcy Practice Group and a member of the Firm's Healthcare Practice Group. He also serves as the client team leader for the Firm's Sacramento office in representing the Federal Deposit Insurance Corporation (FDIC) in commercial and bankruptcy litigation matters.
Since 1993, Mr. McWhorter has practiced bankruptcy and commercial litigation, specializing in corporate and financial services litigation. He currently represents national banks and federal lending institutions in residential and commercial lender liability actions. Mr. McWhorter's practice focuses on bankruptcy, business torts, director and officer liability, lender liability, and other business and corporate litigation. With an M.B.A. from the University of Michigan, he understands financial transactions and how businesses operate.
An "AV rated" attorney by Martindale Hubbell, Mr. McWhorter has handled multiple complex professional liability claims against officers and directors of corporate entities and has prosecuted and defended lender liability claims. He represented a client in a lender liability action against a nationally chartered bank for purportedly wrongfully altering tax records of commercial real property and recently successfully settled a contested breach of fiduciary and corporate dissolution action involving a real estate development corporation.
In addition to commercial and bankruptcy law, Mr. McWhorter represents individual physicians, medical groups, and hospitals before state and federal agencies in the areas of medical staff credentialing, licensing, and regulatory disputes. He has represented healthcare plans in litigation to determine the appropriate capitation rates under Medi-Cal.
Representative Work
Financial Services/Bankruptcy/Insolvency Cases
Singh v. U.S. Bank (In re Singh), 2011 Bankr. LEXIS 3555 (Bankr. E.D. Cal. Sept. 15, 2011). Represented U.S. Bank in an wrongful foreclosure action by bankrupt debtor alleging violations of the automatic stay, the Real Estate Procedures Act, and other claims; court dismissed case for failure to state a claim.
Bernardo v. U.S. Bank N.A., 2011 U.S. Dist. LEXIS 93643 (N.D. Cal. Aug. 22, 2011). Defended U.S. Bank in action under the Truth In Lending Act and the Real Estate Settlement Procedures Act; court dismissed case for failure to state a claim.
Cerecedes v. U.S. Bankcorp, 2011 U.S. Dist. LEXIS 75559 (C.D. Cal. July 11, 2011) and 2011 U.S. Dist. LEXIS 51452 (C.D. Cal. Apr. 29, 2011). Defended U.S. Bank and MERS in action under California Business and Professions Code section 17200 and California Civil Code sections 2923.5 and 2924; court dismissed case for failure to state a claim.
Aspray v. Fed. Home Loan Mortg. Corp., 2011 U.S. Dist. LEXIS 46029 (C.D. Cal. Apr. 20, 2011). Represented Freddie Mac and U.S. Bank for alleged violations of California Civil Code sections 2923, 2923.5, and 2924, wrongful foreclosure, fraud and intentional infliction of emotional distress.
GTS 900 F, LLC v. Corus Constr. Venture, LLC, 2010 U.S. Dist. LEXIS 129112 (C.D. Cal. Nov. 23, 2010). Representing the Federal Deposit Insurance Corporation (FDIC) as Receiver for Corus Bank in an action pending in the U.S. District Court for the Central District of California based upon alleged breaches of Corus Bank's obligations to the condominium developer plaintiff; court examine the right to withdraw a case from the bankruptcy court to a district court under 28 U.S.C. § 157.
Civil and Appellate Litigation
Roy v. Superior Court, 198 Cal. App. 4th 1337 (Cal. App. 3d Dist. 2011). Represented physician challenging the Medical Board of California's finding that he engaged in sexual relations in violation of California Business and Professions Code section 726.
Video Gaming Techs., Inc. v. Bureau of Gambling Control, 356 Fed. Appx. 89 (9th Cir. Cal. 2009). Represented disabled individuals and non-profit organizations challenging the right to ban certain electronic bingo machines under Title II of the American with Disabilities Act (ADA).
R.J. Reynolds Tobacco Co. v. Shewry, 386 F.3d 1126 (9th Cir. 2004) and 423 F.3d 906 (9th Cir. 2005). Represented amicus curiae in successfully upholding the constitutionality of the State of California's per pack surtax on wholesale cigarette sales and the use of tax proceeds to fund anti-smoking advertisements by finding that such conduct did not constitute compelled speech in violation of the First Amendment.
In re Hagge, 2003 Cal. AG LEXIS 48 (Cal. AG 2003). Defended county officeholder against an application filed with the Attorney General to seek authority to file quo warranto action contending that the offices of irrigation director and county supervisor were incompatible.
Wojcik v. City of Romulus, 257 F.3d 600 (6th Cir. 2001). Represented a secured creditor in action to determine whether it had a constitutionally protected property interest in a liquor license and related permits, such that it was entitled to due process prior to revocation of the liquor license and permits. Court held that a municipality may revoke a liquor license or related permits without notice or a hearing.
Healthcare/Administrative Law
Represents hospitals, physicians and other licensed healthcare professionals in administrative proceedings involving medical staff credentialing, licensing and regulatory disputes.
Represented a metropolitan healthcare system, as a creditor, in various bankruptcy proceedings.
Represents various county health plans in litigation against the Department of Health Services concerning the establishment of capitation rates for Medi-Cal.
Represents physicians and dentists in administrative disciplinary proceedings involving the Medical Board of California and Dental Board of California.