PRACTICE AREAS

We have litigated commercial disputes in state and federal courts across the country, including through trials and appeals, as well as in administrative tribunals and ADR forums such as NASD, JAMS, and AAA.  Our practice focuses on complex disputes, including actions pending in multiple jurisdictions, emergency proceedings in equity, and class actions.

Our attorneys have significant experience in both defending and prosecuting class actions under consumer protection statutes, including consumer finance (TILA, FDCPA), consumer fraud, and similar federal and state statutes.

Lynch Thompson attorneys are experienced in working with clients in multi-jurisdictional matters, and regularly represent clients from around the globe in cross-border business disputes. We combine our deep familiarity with the American court system with our multiple-forum experience to help steer our international clients through their most challenging cross border disputes.

With decades of Big Firm experience, Dan Lynch and Jim Thompson have structured Lynch Thompson to provide the same high-quality services of the largest law firms, but in a more efficient manner and at a much fairer price.  When a client with a cross-border dispute retains Lynch Thompson, that client can be assured that its matter will receive the focused attention of one of the firm’s three partners, along with whatever additional, lean staffing is necessary.

Representative Cross-Border Disputes (last five years):

• Represent Hong Kong-based distributor of Chinese-manufactured consumer goods in U.S. litigation on affirmative claims for non-payment, and in defending against product claims (total amount in controversy exceeds $10 million);
• Represent Spanish heavy equipment supplier in dispute filed in U.S. by African entities seeking to supply heavy equipment to Cameroon (case dismissed for lack of jurisdiction);
• Represent U.S. based importer of Chinese-manufactured goods in dispute with its Chinese supplier and Hong Kong and U.S. distributors;
• Represent Canadian corporation in U.S.-based portion of malpractice dispute relating to failed acquisition transaction between two Canadian corporations;
• Assist Mexican clients in recovering funds lent to U.S. borrowers;
• Counsel Chinese suppliers (toys), purchasers (medical equipment), manufacturer (industrial materials) on disputes with U.S.-based counter-parties; and
• Advise U.S. industrial manufacturer regarding dispute with Canadian customer and distributors over alleged equipment deficiencies.

Lynch Thompson attorneys often find themselves traveling from the United States to other countries to preserve testimony, investigate facts, and prepare witnesses. Our international clients continually return to us for advice and representation. We are eager to form long-term strategic partnerships by delivering successful results, and would encourage any business or individual facing a possible cross-border dispute to contact us.

We have successfully represented individual directors and officers of corporations against claims of wrongdoing brought by the corporation and by third parties.  Such claims often involve satellite litigation against insurance carriers or other potentially responsible third parties.

We provide counsel regarding e-discovery matters, including collection, review and production, and advise clients and other attorneys regarding particular issues that may arise in the e‑discovery context.

Our overall experience in complex commercial disputes has led to a particular expertise in litigation involving temporary restraining orders and preliminary injunctions.  We have successfully prose­cuted and defended numerous actions in courts of equity, both state and federal.

We have represented executives and employers in connection with significant employment relationship matters. Our ex­per­i­ence includes negotiation of employment agreements and litigation regarding post-employment compensation packages and non-competition covenants. We have deep experience with disputes concerning trade secrets, restrictive covenants and unfair competition, representing both departing employees as defendants and their former employers as plaintiffs.  Our experi­ence has involved many industries including securities, personal services, healthcare, accounting, manufacturing, and computer technology.

We have advanced claims under insurance policies issued in a variety of contexts, including D&O, P&C, disability, and adver­tising injury.  While most of our work has been on behalf of policy holders, we have, from time to time, been called upon to represent carriers.

Our attorneys have represented clients, affiliates and witnesses in literally dozens of investigations.  These include investigations into accounting issues raised by audit committees of public companies; litigation committee investigations triggered by derivative action filings or demand letters; management-requested investigations into potential issues of quality control, employee misconduct or compliance with corporate policy; and investigations launched in connection with actual or potential inquiries from federal government and quasi-government agencies (e.g., SEC, CPSC, FTC, FDIC, DOJ, CFTC, FINRA, NYSE, NASD, etc.) or from state prosecutors, taxing authorities and regulators.

Lynch Thompson has significant experience both prosecuting and defending against claims for payment. Our attorneys know how to litigate these claims from start to finish.  Unlike many litigation firms, we have a deep understanding of how the post-judgment collections process works. That knowledge allows us to begin with the end firmly in mind.  We are strategic in structuring litigation to minimize the delay that debtors often desire, and are able to use that litigation experience and knowledge to structure any settlement to maximize the likelihood that our client will be paid.  We bring the creative problem-solving approach Lynch Thompson applies to all the matters it handles, which allows us to find cost-effect ways to get to a satisfactory resolution for our client.

Our clients seeking recourse for non-payment have included venture capitalists, small to mid-sized businesses, individuals, as well as local and nationally chartered banks.   We have effectively litigated claims ranging from five figures to multi-millions for these clients based on a wide variety of agreements including hand-shake deals, promissory notes, unpaid invoices, accounts stated, and secured commercial transactions in state, federal and bankruptcy courts.

When defending against a claim, we apply the same knowledge and approach; ensuring that our clients’ legal and factual defenses are properly raised and seeking economical and practical resolutions to the dispute.  Lynch Thompson has defended a variety of clients facing a range of claims, including small businesses defending against claims for non-payment of invoices to developers defending litigation of commercial loans in the hundreds of millions of dollars.

Examples of Non-Payment Litigation Handled by Lynch Thompson:

Lynch Thompson represented one lender, among many, seeking to recover from a real estate developer whose business was impacted by the recession of 2007-10.  While other creditors accepted pennies on the dollar, or ceased collections activities all together, the attorneys of Lynch Thompson obtained significant funds for its client from a judgment debtor who claimed to have no meaningful, collectable assets.  Through extensive collections activities, Lynch Thompson discovered the judgment debtor’s method for concealing his assets, which involved the use of trust accounts established by his attorney.  In 2017, Lynch Thompson secured a seven-figure settlement from the judgment debtor’s attorney, following fraudulent transfer and conversion litigation.  The client also continues to receive funds from the debtor, pursuant to various other agreements, appears the firm client likely will end up recovering not only its principal, but its attorneys’ fees and interest as well.

Lynch Thompson obtained a victory at both the Circuit Court of Cook County and the Illinois First District Appellate Court against a citation examinee who refused to disclose information that might assist our clients in discovering assets to satisfy a seven-figure judgment entered in their favor.  The trial court judge agreed with Lynch Thompson’s arguments and held the examinee in contempt for his failure to answer question posed by a Lynch Thompson attorney.  Following oral argument, the appellate court likewise found in favor of our client and upheld the trial court’s finding of contempt; which forced the examinee to disclose the information he wanted to keep from Lynch Thompson’s clients.

In a case frequently cited for the requirements to find a debt non-dischargable in bankruptcy, Lynch Thompson successfully represented, through a trial before the Bankruptcy Court for the Northern District of Illinois,  a bank who had relied on misrepresentations made by the borrowers on their loan application.  The success at trial allowed our client to collect its debt where other creditors were prohibited as a result of the bankruptcy.

The attorneys of Lynch Thompson have successfully represented bankruptcy trustees in complex adversary litigation.  On behalf of the client-trustees, firm attorneys have asserted claims against insiders of the debtors under theories including breach of fiduciary duty and fraudulent transfer.   The efforts of Lynch Thompson’s attorneys have been instrumental in securing multiple settlements for the benefit of the bankruptcy estates, including more than one multi-million-dollar settlement.

Business organizations controlled by a smaller group of investors can give rise to any number of claims by and against the principals and/or the business entity.  We have significant experience sorting through the relationships created by ownership or association in such entities, including business valuation and buy/sell issues.

Manufacturers of a wide variety of consumer and industrial products have sought representation from our lawyers.  These matters have included supplier-client disputes over performance, product and strict liability personal injury claims, product recall actions, and breach of warranty class actions.

The attorneys of Lynch Thompson are knowledgeable and experienced in litigation involving real estate.

On behalf of our lender clients, we have prosecuted commercial and residential foreclosures, many of which involved the appointment of receivers and the negotiation of mechanics’ lien claims; and also forceable entry and detainer actions against commercial tenants.  At Lynch Thompson, our clients can expect that their foreclosure or eviction matter will be handled by attorneys that are known to the client, who will provide detailed attention to that matter.  While other firms treat foreclosures and eviction as rote and formulaic, the attorneys of Lynch Thompson understand that different borrowers and different properties often require a different approach.  Therefore, we continuously analyze our strategy in these matters to determine how to most efficiently get our client to the end result.

We also understand the challenges facing borrowers who find themselves facing foreclosure due to liquidity or other issues.  Our attorneys are able to apply our understanding of the legal process to ensure that our borrower client’s rights are protected.  Moreover, we bring our practical problem-solving approach to help our clients exit the litigation in the most favorable way available in the circumstances.

Our attorneys are also skilled in representing property owners against a variety of liens, including mechanics’ liens and relator liens.  We know how to defend against litigation to enforce these liens, and also know how and when to commence quiet title litigation to remove inappropriate liens.

Lynch Thompson is also experienced in claims regarding construction delays and defects, both in commercial and residential projects.  We have litigated claims ranging from defective renovations work in single-family residences to claims regarding allegations of defective construction in large mixed-use buildings.  In addition, Lynch Thompson has experience in litigation involving enforcement of easements and restrictive covenants, claims of trespass/encroachment, and party wall disputes.

Example Real Estate Litigation Matters handled by Lynch Thompson:

- Represented the purchaser of a commercial building in Chicago, who learned during construction that the neighboring building shared a wall; the client’s planned demolition of its building would cause the collapse of the neighbor’s building.  Lynch Thompson’s attorneys were successful at trial in establishing that the shared use of the wall was unauthorized and illegal.

- Represented condo developer against claims that demising walls in the building were not constructed according to the plans.

- Represented nationally chartered bank in foreclosure actions for a portfolio of construction loans; many of which involved multiple mechanics’ liens, issues with second mortgages and bankruptcy concerns.

- Represented defendants in commercial foreclosures with loan values exceeding $100 million.

Our attorneys have extensive experience litigating securities fraud cases in federal and state courts brought as class actions, derivative actions, and individual actions.  We have represented entities and individuals in a wide variety of class and derivative actions, including: target companies in tender offer litigation; securities issuers in stock-drop and going-private cases; broker-dealers and registered representatives in suitability, churning, market-timing and other types of investment-related litigation; investment companies in direct and derivative actions attacking fees and disclosures; REITs and REIT employees in actions relating to public filings; and banks, bank holding companies and witnesses in connection with securities, bankruptcy and ERISA litigation arising out of bank failures.

We also have significant expertise in representing broker-dealers in securities litigation, regulation and enforcement issues, financial services industry litigation, and alternative investment litigation, as well as general commercial litigation. We also have successfully represented broker-dealers, investment banks, investment management firms, and employees in investigations and disciplinary proceedings initiated by the SEC, NASD, NYSE, FINRA and state regulatory agencies and in arbitrations and mediations.

We have substantial experience litigating claims arising out of state and federal trademark and unfair competition laws. We have prosecuted and defended numerous matters under the Lanham Act and its state law counterparts and under antitrust laws, including in class actions.

We have represented parties in various disputes concerning trusts, wills and estates.  We have provided counsel to trust and estate beneficiaries, along with trustees, executors, and personal representatives, on issues arising out of disputed wills and trusts.