Profile
Kenneth A. Horky’s Litigation Practice focuses on merger- and acquisition-related litigation. Typical cases involve post-closing working capital and purchase price adjustments, indemnification claims, other claims for breach of representations or warranties, earn-out disputes and other business-operation matters after closing.
Ken is also experienced in representing businesses in complex commercial litigation throughout Florida and the United States. Typical matters include business torts, contractual disputes, construction litigation and health care- and managed care-related litigation. Ken is experienced in representing businesses in complex commercial litigation throughout Florida and the United States. Typical matters include business torts, contractual disputes, construction litigation and health care- and managed care-related litigation.
Concentrations
- Merger and acquisition litigation
- Construction litigation, with emphasis on roof failure
- General commercial litigation
- Inter-insurer and reinsurance litigation
- Noncompete litigation
- Trade secrets litigation
- Medical practice dissolution litigation
- Other health care-related litigation
Capabilities
Experience
- Represented numerous private equity groups as well as public and private companies in merger- and acquisition-related litigation.
- Represented the Broward County School Board against its health insurer for canceling coverage for 16,000 employees, resulting in a $6 million settlement.
- Represented the largest gastroenterology group in Southwest Florida in multiple physician termination-related litigations.
- Represented, on an ongoing basis, a large South Florida dialysis provider, on variety of business and litigation issues. Frequently consulted on employee-related litigation prevention, preparation of and updates to employee handbook, and similar matters.
- Represented, on an ongoing basis, urological health care provider on business and litigation issues, including physician employment agreements, noncompete litigation and related matters.
- Represented disease management services provider in litigation against insurer.
- Represented insurer in reinsurance dispute with Florida Department of Financial Services.
- Represented the owners of a dog track in connection with the collapse of the track's grandstand and several resulting fatalities.
- Secured numerous injunctions against employees who attempted to take, sell or use their former employers' proprietary information.
- Represented numerous owners of commercial properties in connection with claims for roof and related structural damage after hurricanes.
- Broward County School Board
- Orion Medical Enterprises
- Saint Gobain Industrial Superabrasives
- Urology Center of Florida
- IC Realtime, LLC
- MasTec, Inc.
- MasTec Network Solutions, LLC
Recognition & Leadership
- Listed, The Best Lawyers in America, Commercial Litigation, 2013-2025
- Member, Winning Deal Team, 12th Annual M&A Advisor Awards in three categories, 2014
- Deal of the Year (over $200 million to $500 million)
- Corporate/Strategic Acquisition of the Year (over $250 million to $1 billion)
- Healthcare/Life Sciences (over $50 million to $100 million)
- Member, The Florida Bar
- Trial Lawyers Section
- Business Litigation Committee
- Member, Broward County Bar Association, Construction Law Section
Credentials
-
J.D., Florida State University College of Law, 1986
- Member, Journal of Land Use and Environmental Law
- Recipient of three American Jurisprudence Book Awards in Federal Constitutional Law, Federal Administrative Law and Remedies
- B.S., Journalism, University of Florida, 1982
- Florida