Kevin McBride is a the firm’s president and principal attorney. Our practice is concentrated in Chapter 11 reorganization, including small business restructuring and workouts. We represent clients in Southern California and, as pro hac vice counsel, in select cases across the US.
Kevin McBride’s law practice has consistently focused on restructuring small and mid-size business in the face of rapidly-changing economic and technological conditions. He has has broadly represented business and employee groups in bankruptcy proceedings and complex litigation in the face of ongoing structural changes in the US financial system.
McBride was General Restructuring Counsel for The SCO Group, Inc., under a plan to monetize intellectual property assets. As the restructuring plan unfolded, McBride was also co-counsel, with David Boies and Boies, Schiller & Flexner in SCO v. International Business Machines for, among other things, bad-faith interference with business relations relating to enterprise development of the Linux operating system, compiler and tool chain, and IBM’s role in its sponsorship. In spite of being written of for dead multiple times, the case, now 17 years old, continues to wind its way through trials, appeals and bankruptcy proceedings. In the latest appellate decision (01.02.2018), the 10th Circuit Court of Appeals remanded the case for trial on the independent unfair competition claims. The matter currently awaits trial on the merits on claims of IBM’s bad-faith interference.
McBride was also involved in the United Airlines Chapter 11 reorganization on behalf of 714 individual retired pilots. In the UAL matter, McBride obtained the single largest ERISA benefit increase granted by PBGC Appeals Board in airline industry history.
Successfully-litigated matters include complex financial litigation against Citibank and JP Morgan Chase involving complex structured (derivative) products, Railway Labor Act (RLA) cases and matters against United Parcel Service, International Brotherhood of Teamsters and again, separately, against United Airlines involving employee organizing rights.
McBride also helped structure the one of the largest independent airline pilot unions in the US, Independent Pilots Association. This union represents all pilots who fly for United Parcel Service.
Drawing on a depth of experience in large corporate restructuring matters and complex litigation over the years, McBride has acquired the broad skills, judgment and ability to assist small and mid-sized businesses restructure for growth and profitability.
McBride has consistently been an early adopter of leading-edge technology and has consistently remained focused on both trial procedures and litigation analytics.
His experience in corporate restructuring and litigation has led to his view that individual people, not monolithic institutions, are the primary drivers of any litigation matter or other conflict. While most lawyers were focused on legalities of a case, McBride tended to focus on the people involved–seeking a deeper understanding of their motivating factors, relationships and mindset.
McBride has a strong background in both law and economics, both at the level of the individual firm and the general economy. That turns out to be useful in the current economic environment with Federal Reserve policy setting the pace for every business in the country.
Kevin McBride was educated at the University of Utah. He received a BA degree in Economics (magna cum laude) 1981, and a JD degree (Leary Scholar, Member of Utah Law Review) 1984.
McBride is a member of the State Bar of California and the Utah State Bar, together with all federal district courts in California and Utah and the Federal Circuit Court of Appeals in Washington, DC.