Michael A. Lynn focuses on complex commercial litigation, including defense of shareholder derivative and securities fraud class actions, breach of contract litigation, real estate litigation and restructuring matters. Mr. Lynn is particularly experienced in defending Fortune 500 corporations against shareholder litigation and in evaluating potential damages claimed by plaintiffs in securities class actions. Mr. Lynn has represented financial institutions, energy companies, medical device manufacturers, real estate development companies, real estate lenders, financial advisors and investment banks. Mr. Lynn has tried jury, non-jury and arbitration cases to decision and argued evidentiary and other hearings in state and federal courts throughout the country.
Mr. Lynn has also published several articles concerning liability and damage issues in securities litigations in the New York Law Journal and The National Law Journal, as well as two articles relating to real estate litigation in the New York Law Journal. His law review article published in 1982 concerning the use of the "fraud on the market" presumption in securities fraud cases was cited by the United States Supreme Court with approval in Basic v. Levinson Inc., 485 U.S. 224 (1988).
Experience
- Leading issuer of private guaranteed student loan-backed securities in ABS-related litigation and disputes with investors and trustees.
- Ad Hoc term lenders in In re Cumulus Media successfully supporting a plan of reorganization.
- Ad Hoc term lenders in In re Libby Glass successfully supporting a plan of reorganization.
- Connecticut based commercial real estate lender seeking to foreclose on a Mortgage securing a multi-million dollar note and to enforce a recourse guaranty.
- Leading Illinois-based commercial real estate lender seeking to foreclose on a mortgage securing a multi-million dollar note and enforcing senior guaranty against guarantors.
- A major pharmaceutical manufacturer in patent infringement dispute involving a monoclonal antibody to lower cholesterol.
- Medical device manufacturer in litigation involving termination of exclusive supply agreement.
- Minority shareholder of a chain of high-end hair salons in New York City, asserting claims against the majority shareholder for breach of fiduciary duty, breach of contract and fraud.
- Future Asbestos Claimants of Owens-Corning in the Owens Corning bankruptcy which involved a four-week trial concerning substantive consolidation and the elimination of upstream guarantees of bank debt.
- Multinational conglomerate in litigation involving breach of contract and fraud relating to the construction of an ethanol facility.
- Former shareholder of Harbinger who acquired stock in Peregrine Systems pursuant to a merger in litigation involving fraudulent registration statement, resulting in landmark ruling from the Court of Appeal for the Ninth Circuit sustaining the shareholder’s right to bring a Section 11 claim against the directors.
- Tenants of subsidized housing in Washington, DC in litigation with landlord concerning Landlord’s refusal to make needed repairs and attempt to sell the property to a third party in violation of tenant’s rights under DC law.
Perspectives
Credentials
Education
- J.D., The George Washington University Law School, 1983, highest honors
- B.A., Union College, 1980
Admissions
- New York
- U.S. Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
Activities
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Member, American Bar Association
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Member, Association of the Bar of the City of New York