Robert S. McWhorter - Partner

Robert McWhorter is Co-Chair of the firm's Financial Services and Bankruptcy Practice Group and an "AV rated" attorney.  Having practiced law since 1993, he is a seasoned litigator that is as comfortable in the courtroom as he is before an appellate panel.  He handled appeals to the United State District Courts as well as Federal Courts of Appeal, including the Sixth and Ninth Circuit Courts of Appeals. 

His practice focuses on healthcare, business and bankruptcy law. 

As a healthcare attorney, he represents including individual physicians, medical groups and hospitals before state and federal agencies in the areas of medical staff credentialing, licensing and regulatory disputes.

With an M.B.A. from the University of Michigan, he has particular expertise litigating business, bankruptcy and commercial matters.  He has represented troubled companies, unsecured creditors committees, and secured lenders in Chapters 7 and 11 bankruptcy proceedings.  He has also represented individuals and businesses in a wide range of commercial disputes. His experience in representing businesses spans a broad variety of industries including the automotive and manufacturing industries.

He previously was partner in the Michigan based firm of Schafer and Weiner, PPLC, where he served as the head of that firm's litigation department.  He also was a member of the litigation department at Olson, Hagel & Fishburn, LLP, a firm concentrating in election, political and constitutional law.

Representative Work

Civil and Appellate Litigation
R.J. Reynolds Tobacco Co. v. Shewry (9th Cir. 2004) 386 F.3d 1126.
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.

Wojcik v. City of Romulus (6th Cir. 2001) 257 F.3d 600.
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.

Wojcik v. City of Romulus (Sixth Circuit Court of Appeals) (April 13, 1999) 1999 U.S. App. LEXIS 7386.
Represented several appellants on appeal wherein court ruled that the Rooker-Feldman Doctrine only applied where the state court decided the issues presented to the federal court, not where the state court dismissed the action because plaintiffs sought the wrong remedy.

Autotek Sealants v. Koshy (In re Autotek Sealants) (Sixth Circuit Court of Appeals) (March 19, 1998) 1998 U.S. App. LEXIS 5771.
Represented company in shareholder dispute; court ruled that the trial court may not disregard expert witnesses' testimony as to their common understanding in the automotive industry in favor of applying ordinary dictionary definition.

Krear v. Malek (E.D. Mich. 1997) 961 F.Supp. 1065.
Represented a defendant in securities litigation to interpret on the scope of the criminal conviction exception under 18 U.S.C. § 1962(c); court retroactively applied Securities Reform Act to bar RICO action where the underlying security fraud claims remain viable.

Romans v. Daniel Electric Co. (E.D. Mich 1997) 1997 U.S. Dist. LEXIS 3420.
Defended escrow agent in an action for breach of fiduciary duty relating to construction litigation; first case in Michigan to rule that an escrow agent may waive or modify terms of escrow agreement.

Defended 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.

Financial Services/Bankruptcy/Insolvency Cases
Merritt v. Franklin Bank, N.A. (In re Merritt) (Sixth Circuit Court of Appeals) (April 12, 2000) 2000 U.S. App. LEXIS 6877.
Represented Chapter 7 debtor in case, wherein the court ruled that the debtor's lack of effort to enter into settlement negotiations prior to filing of Chapter 7 evidenced bad faith and warranted dismissal under 11 U.S.C. § 707(a).

In re Grywacz (E.D. Mich. 1995) 182 B.R. 176.
Represented Chapter 7 debtor in a case, wherein the court ruled that a debtor's willful and malicious act must lead to the creditor's injury to fall within 11 U.S.C. § 523(a)(6).

Represented a Chapter 7 trustee in the liquidation of a Tier One automotive supplier and in the handling of various adversary proceedings seeking to substantively consolidate over 20 affiliated entities and to recover property of the estate.

Represented a Chapter 11 debtor, a national employment agency, in a lender liability action against a bank for allegedly improperly freezing its corporate bank accounts and for violating implied contract.

Represented a Chapter 11 debtor, a single asset real estate company, in a lender liability action against a nationally chartered bank for purportedly wrongfully altering tax records of commercial real property.

Successfully defended a lender against a multimillion-dollar lender liability claim and foreclosed on commercial real estate.

Represented a Chapter 11 debtor in an action against Wall Street and Washington investment firms for purportedly tampering with the sale of HUD mortgaged back securities.

Represented a Chapter 11 debtor, a mortgage company, in various aspects of Chapter 11 proceedings, including an adversary proceeding against the debtor's former principals and other entities for fraudulent transfers, recovery of post-petition assets, and other claims.

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.

Political/Election Law
Defended state officeholders and/or political parties in litigation involving violation of State or Federal campaign finance laws.

Represented clients in administrative proceedings before the Los Angeles City Ethics Commission as well as the Fair Political Practices Commission involving campaign finance issues.

Represented voters in various actions to challenge or uphold ballot arguments involving State and county initiatives.

Professional Affiliations

Presentations

Speaker, "When the County Line Runs Through the Bankruptcy Courthouse," Northern California County Counsels Meeting, Mt. Shasta, CA, July 30, 2009.

Speaker, "Selected Developments and Strategies in Defending Administrative Law Actions," Association of Defense Counsel of Northern California and Nevada, June 18, 2009.

Speaker, "The Ominous Financial Crisis Facing Healthcare Systems," Bridge Group Conference, New York City, April 23, 2008.

Moderator, "Tools for Administrative Law Practitioners," Administrative Law Section – Sacramento County Bar Association, April 18, 2008.

Speaker, "Family Leave Values in the Work Place," Nossaman New Developments in Employment Law Seminars, November 2007.

Speaker, "Ethical Dilemmas Facing In-House Counsel in Light of Sarbanes-Oxley and Other Recent Developments," Association of Corporate Counsel (ACC) Sacramento Chapter, September 20, 2007.

Moderator, "Hot Issues in Administrative Law," Administrative Law Section - Sacramento County Bar Association, April 13, 2007.

Speaker, Annual Meeting for the Society of Business Ethics on the Amendments to the Federal Sentencing Guidelines for Organizations, August 5, 2005.

Guest Lecturer on business law, Schoolcraft College, Livonia, Michigan.

Publications

Co-Author, "Rethinking Chapter 11," San Francisco Daily Journal, September 11, 2008.

Author, "Bracing for the Impact of Bankruptcy on Administrative Disciplinary Hearings," Sacramento Lawyer, January/February 2008.

Co-Author, Fordham Journal of Corporate & Financial Law, "The 2004 Amendments to the Federal Sentencing Guidelines and their Implicit Call for a Symbiotic Integration of Business Ethics," Vol. 11, Number 4, 2006.

Co-Author, Business Roundtable Institute for Corporate Ethics, "Fostering a Culture of Trust: Implications of the Federal Sentencing Guidelines," Bridge Paper, 2006.

Author, "Keep Clear Policies, Paper Trail to Navigate Medical-leave Maze," Daily Journal, June 23, 2006.

Co-Author, "The 2004 Amendments to the Federal Sentencing Guidelines and their Implicit Call for a Symbiotic Integration of Business Ethics," awarded "Best Paper" at the Annual Conference for Society of Business Ethics, August 2005.

Schafer, Baum, & McWhorter, Michigan Practitioner's Series: Family Law and Practice, Divorce and Bankruptcy Law, Chp. 9 (West Pub. 1997).

Education

M.B.A., University of Michigan, 2004

J.D., Wayne State University Law School, 1993
Assistant Editor, Wayne Law Review

B.A., University of Chicago, 1990

Admitted