Profile
Kevin D. Finger focuses his practice on complex civil and bankruptcy litigation, corporate compliance, and white collar criminal matters. He has substantial experience litigating in the bankruptcy courts, as well as handling high-stakes commercial litigation for major corporations and their officers and directors. He regularly represents large corporations and employees in government investigations, creating and implementing corporate compliance programs.
Previously, Kevin was an Assistant State's Attorney in Cook County, Illinois, in the financial crimes and governmental fraud unit, where he conducted more than 50 grand-jury investigations and handled numerous jury and bench trials.
Concentrations
- Bankruptcy litigation
- Complex commercial litigation
- Corporate compliance
- Health care, including qui tam cases
- Regulatory investigations
Capabilities
Experience
- Represent Morgan Stanley in on-going litigation regarding a $1.5 billion term loan to General Motors pending in the GM bankruptcy case pending before the Bankruptcy Court in the Southern District of New York.
- Represented Standard General, in its capacity as senior lender and auction winner of Radio Shack, in litigation brought by junior lenders. Reported at Salus Capital Partners, LLC v. Standard Wireless, Inc., Adv. No. 15-50239 (BLS), 2016 WL 2865125 (Bankr. D. Del. May 11, 2016) (In re Radio Shack Corp.).
- Represented holders of bonds issued by a General Motors subsidiary (with a face amount of $1 billion) in a complex trial over the holders’ claims in the GM bankruptcy case before the Bankruptcy Court in the Southern District of Delaware. After trial, but before closing arguments, a settlement was reached whereby the holders received cash and claims valued at over $1.75 billion.
- Represented Indianapolis Downs, an operator of a racetrack and casino, as a debtor in a variety of litigation matters before the Bankruptcy Court for the District of Delaware.
- Represented a debtor in a variety of litigation matters, including a motion to appoint trustee, before the Bankruptcy Court for the District of Delaware. The debtor has reorganized pursuant to a plan of reorganization.
- Represented a bankruptcy trustee in connection with the recovery of preferential transfers in a leveraged buyout which caused the debtor’s insolvency. Argued that certain transfers were preferences in the bankruptcy and district courts; on appeal, argued that all payments at issue were transfers. Reported at Boyer v. Crown Stock Distrib., Inc., No. 1:06-CV-409RM, 2009 U.S. Dist. LEXIS 12393 (N.D. Ind. 2009), aff’d in part rev’d in part, 587 F.3d 787 (7th Cir. 2009).
- Represented an equity holder of a debtor, a leading maker of injection-molded automotive plastic components, in litigation matters before the Bankruptcy Court for the Eastern District of Michigan. Served as first chair for a four-month trial of a contract dispute with the debtor and its lenders, reported at In re Venture Holdings Co., LLC, No. 03-48939, 2005 Bankr. LEXIS 76 (Bankr. E.D.Mich. January 26, 2005). Also served as lead defense counsel in an adversary proceeding filed by the bankruptcy trustee seeking in excess of $500 million; reported decisions include Gold v. Winget, 407 B.R. 232 (Bankr. E.D. Mich. 2009), and Gold v. Winget, 376 B.R. 194 (Bankr. E.D. Mich. 2007).
- Successfully defended Verizon Wireless in litigation filed by the City of Chicago alleging that a number of internet retailers and national wireless telephone providers engaged in an illegal scheme to divert certain types of sales and use taxes to the wrong entities. Verizon Wireless avoided potentially millions of dollars of liability. City of Chicago v. City of Kankakee et al., 11 CH 29744 (consolidated with 11 CH 29745 and 11 CH 34266) (Ill. Cir. Ct. 2015) (Flynn J.)).
- Defended a private equity sponsor in a dispute with a co-investor in federal court. Achieved a favorable settlement for the client in December 2010 after a jury was seated and the plaintiff testified. Reported decisions include Triad Capital Mgmt., LLC v. Private Equity Capital Corp., No. 07 C 3641, 2008 U.S. Dist. LEXIS 75983 (N.D. Ill. August 25, 2008) (denying a motion to dismiss), and 2010 U.S. Dist. LEXIS 77145 (N.D. Ill. July 29, 2010) (denying a motion for summary judgment).
- Defended an affiliate of Verizon Capital Corporation in a multimillion-dollar contract dispute regarding leveraged lease transactions of oil tankers. Served as lead trial and appellate counsel, prevailing at the appellate level. Reported at Lease Mgmt. Equip. Corp. v. DFO P’Ship, 910 N.E.2d 709 (Ill. App. Ct., 1st Dist., 2009).
- Represented an employee in the ultimate affirmation on appeal of a denial of a motion for preliminary injunction in a suit filed by her former employer alleging trade secret misappropriation and breach of fiduciary duty. Reported at Dorel Juvenile Group, Inc. v. DiMartinis, 495 F.3d 500 (7th Cir. 2007).
- Defended a subsidiary of Verizon Communications, Inc. in a RICO suit. Served as lead counsel in the district and appellate courts, prevailing at both levels. Reported at Booker v. GTE.net LLC, 214 F. Supp. 2d 746 (E.D. Ky 2002); aff’d, 350 F.3d 515 (6th Cir. 2003).
- Represented a national accounting firm in several investigations performed by the SEC and DOJ.
- Represented a large corporation in connection with a confidential investigation by a state attorney general regarding business practices in connection with a merger.
- Represented a private manufacturer in a Grand Jury investigation of FCPA violations regarding sales to Iraq. Received a no prosecution letter in October 2010.
- Represented a major coupon processor in a Grand Jury investigation conducted by the U.S. Attorney’s Office in Milwaukee, Wisconsin, and negotiated a deferred prosecution agreement.
- Conducted a confidential internal investigation for a large corporation in connection with a bid protest of the award of a major state contract.
- Conducted several internal investigations for the North American subsidiary of a large Japanese conglomerate relating to a variety of employment issues.
- Represented several related corporations in connection with a Grand Jury investigation and the Government’s intention to implement a taint team to review potentially privileged materials. Reported at In re Grand Jury Subpoenas (04-124-03 and 04-124-05), 454 F.3d 511 (6th Cir. 2006).
- Boyer v. Crown Stock Distrib., Inc., No. 1:06-CV-409RM, 2009 U.S. Dist. LEXIS 12393 (N.D. Ind. 2009), aff’d in part rev’d in part, 587 F.3d 787 (7th Cir. 2009).
- Lease Mgmt. Equip. Corp. v. DFO P’Ship, 910 N.E.2d 709 (Ill. App. Ct., 1st Dist., 2009).
- Dorel Juvenile Group, Inc. v. DiMartinis, 495 F.3d 500 (7th Cir. 2007).
- In re Grand Jury Subpoenas (04-124-03 and 04-124-05), 454 F.3d 511 (6th Cir. 2006).
- Booker v. GTE.net LLC, 214 F. Supp. 2d 746 (E.D. Ky 2002); aff’d, 350 F.3d 515 (6th Cir. 2003).
Recognition & Leadership
- Listed, The Best Lawyers in America, Litigation - Bankruptcy, 2023
- Listed, Leading Lawyers Network, 2009-2024
- Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, “Chapter 11 Restructuring, Mid-Market Segments (100-250)” for the restructuring of Lombard Public Facilities Corporation, 2019
- Member, Winning Team, TMA Chicago/Midwest Awards Program, “Small Transaction of the Year” for the restructuring of the Lombard Public Facilities Corporation, 2018
- Listed, Super Lawyers magazine, Illinois Super Lawyers, 2009-2017
- Member, American Bar Association
- Member, Chicago Bar Association
- Member, Federal Bar Association
- Member, Illinois State Bar Association
- Member, American Inns of Court, Chicago Chapter
Credentials
Education
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J.D., magna cum laude, Loyola University Chicago School of Law
- Managing Editor, Loyola Law Journal
- B.S., Electrical Engineering, University of Notre Dame
Clerkships
- U.S. Court of Appeals for the Seventh Circuit
Admissions
- Illinois
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Northern District of Illinois, including Trial Bar
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Eastern District of Wisconsin