Donald R. Kirk

Attorney

Current Position

Partner
Carlton Fields
Tampa, FL 33607
USA

Class: XXXIV (2023)Circuit: Eleventh

Donald Kirk is a board certified attorney who represents clients in high-value insolvency and financial restructuring matters, officer and director fiduciary duty litigation, and commercial litigation. He regularly represents secured lenders, purchasers of assets from troubled companies, debtors, fiduciaries, committees, and other stakeholders in multiparty disputes and reorganizations.

His practice has recently focused on the highly specialized health care insolvency industry, particularly on behalf of institutional buyers of health care practices such as hospitals and skilled care facilities. Donald has represented stalking horse buyers in cases in and out of Florida, secured lenders that are participants in complex financing facilities, physician practice groups in contract disputes such as risk share agreements, and defending officers and directors of hospitals.

Donald’s representation of officers and directors is expansive and typically involves taking the lead defense role in matters involving numerous defendants and their legal teams. His clients include executives of public, private, and not-for-profit companies, advising them on their duties, risks, and obligations as financial concerns arise, defending and resolving litigation involving breaches of fiduciary duty, and advisory services concerning governmental investigations. His expertise includes navigating the nuanced insurance issues that arise in such circumstances. He has successfully led multiparty negotiations for his clients in numerous such matters ranging in size from several million to hundreds of million dollars in claims. These resolutions often involve permanent relief from future claims.

Donald has handled contested matters, through trial, in numerous state and federal courts, including those in Colorado, Delaware, New York, California, Georgia, Pennsylvania, Massachusetts, Washington, New Hampshire, and U.S. Virgin Islands.

Donald is board certified in Business Bankruptcy by the American Board of Certification, and is a Fellow of the American College of Bankruptcy. He is also a former president of the Tampa Bay Bankruptcy Bar Association. As co-chair of the Florida Bar’s Proceeding Supplementary Task Force, his team revised Florida’s proceeding supplementary judgment execution statute. He also chaired the American Bar Association’s successful effort to draft a model asset purchase agreement for bankruptcy sales.

Chambers USA, a leading guide to the legal profession, noted that he "is very experienced in a wide variety of representations and a wide variety of cases. He's very bright, very capable, and does a good job across the board."