Gregory A. Lomax concentrates his practice in the area of commercial litigation with an emphasis on disputes involving partnerships, closely held corporations and limited liability companies, as well as complex contract and real estate matter. In connection with such matters, Greg has represented clients in a variety of civil disputes, including matters involving oppressed minority shareholder and intra-company disputes, shareholders’ rights and derivative litigation, restrictive covenants, contracts, unfair trade and trademark matters, actions seeking the imposition of a receivership, land use disputes, bankruptcy litigation, administrative law matters, insurance coverage litigation, transportation law, products liability cases, consumer fraud, and class actions.Real Estate Litigation
A substantial part of Greg’s practice also entails representing real estate developers and owners in a variety of cases involving claims relating to alleged defaults on real estate contracts, commercial leasehold disputes, real estate partnership and joint venture litigations, and land use matters.
In addition, Greg regularly represents clients in a wide variety of general equity matters, which include restrictive covenant disputes, unfair trade matters, including those involving alleged trademark and trade dress violations, and claims involving demands for injunctive relief.
Partnership, Closely Held Corporate and Other Business Entity Disputes:
Business Divorce Litigation
• Represented a start-up internet store in obtaining injunctive relief compelling former employees and minority owners to return commandeered websites back to the start-up company.
• Represented minority shareholder of a construction company in a shareholder dispute involving claims of shareholder oppression, breach of fiduciary duty and duty of loyalty, fraud, and breach of contract, resulting in a significant seven-figure buy-out of the client’s minority interests in the defendant company.
• Arbitrated an intracompany dispute between a client and the client’s former co-member of a limited liability company, as well as the limited liability company’s lenders and former attorneys, relating to the company’s failure to pay certain bank indebtedness. Arbitration award included the client being exonerated for the company’s bank indebtedness and a six-figure award of attorneys’ fees against the client’s co-defendants in the case.
• Represented minority shareholders of a closely held industrial company in an action against the majority shareholder under the Oppressed Minority Shareholder Act, as well as assertions of breach of fiduciary duty, breach of contract, violations of the implied covenant of fair dealing, misappropriation and similar business tort claims, resulting in a multimillion-dollar acquisition of the clients’ interest in the corporation.
• Represented a 50-percent owner of a closely held corporation in an action against the other 50-percent owner of the corporation resulting from the defendant’s alleged wrongful diversion of a substantial portion of the corporation’s business to a newly formed start-up corporation formed by the defendant. Representation resulted in a substantial buy-out of the client’s ownership interest in the corporation and the client’s preservation of his right to compete with his former shareholder.
• Represented a minority shareholder of a closely held corporation in an action arising from the majority shareholder’s breach of fiduciary duties to the plaintiff and dissipation of the corporation’s assets. Obtained a preliminary injunction that included the imposition of a custodial receivership.
• Represented several family members in an action against other family members relating to the family’s collective ownership of a real estate business worth tens of millions of dollars. Case involved claims of fraud, state and federal civil RICO violations, breach of fiduciary duty, misappropriation and other claims for equitable relief and damages. This matter resulted in the division of tens of millions of dollars of real estate assets amongst the party-litigants.
General Equity Litigation
• Represented a former employer in a preliminary injunction matter against former employees successfully compelling them to return control of two commercial websites and other proprietary information to former employees.
• Represented an employer in obtaining a preliminary injunction enforcing a restrictive covenant against a former employee of the employer’s lobbying firm.
• Represented a commodities trader in obtaining a preliminary injunction enforcing a restrictive covenant against its former employee barring the employee from entering into a business relationship with one of the employer’s competitors.
• Prosecuted an $8.4 million replevin and fraud action for a Fortune 100 client against an armored-car carrier and its bankruptcy trustee for funds that the company’s employees had allegedly stolen.
Defended a million-dollar claim by a commercial real estate broker and a warehouse purchaser relating to brokerage commission claims allegedly stemming from a tenants renewal of a commercial warehouse lease.
• Prosecuted action resulting in the expulsion of a co-redeveloper on a multimillion-dollar commercial/residential redevelopment in Medford, New Jersey.
• Defended a challenge by a neighboring town to a land-use approval of a multimillion-dollar shopping center in Bordentown, New Jersey.
• Defended a challenge to a real estate developer’s multimillion-dollar low- and moderate-income tax credit award. • Defended an Endangered Species Act challenge by environmental special interest groups to a real estate development located within the New Jersey Pinelands.
• Defended a $25 million commercial dispute over three large co-operative apartment buildings in Northern New Jersey.General Commercial Litigation
Defended a federal False Claims Act qui tam
matter against a hospital system.
• Defended a loan servicer in a purported consumer class action lawsuit involving fair debt collection practices and several other claims.
• Represented a ratepayer in a matter where the ratepayer successfully struck down a municipal utilities authority’s longstanding practice of compounding interest charged to its ratepayers on service-charge arrearages.Published Decisions
• Health & Body Store, LLC v. JustBrand Ltd.,
2012 WL 4006041 (E.D.Pa., Sept. 11, 2012) (Post-remand decision by district court granting preliminary injunctive relief compelling defendant former employees to return two commercial websites commandeered by the Defendants when they left the Plaintiff’s employ.)
• Health & Body Store, LLC v. JustBrand Ltd.,
2012 WL 1700263 (3d. Cir., May 11, 2012) (Successfully vacated on appeal a denial of client’s preliminary injunction application seeking to compel, among other things, the return of two commercial websites by two former employees and minority owners of the Plaintiff employer.)
• Alllen v. LaSalle Bank, N.A., 2012 WL 1898612 (D.N.J.) (May 23, 2012) (Successfully obtained a dismissal with prejudice in a purported consumer class action against a mortgage servicer client relating to alleged overcharges in mortgage foreclosure matters.)
• Allen v. LaSalle Bank, N.A.
, 629 F.3d 364 (3d Cir. 2011) (Case of first impression relating to whether communications by a creditor’s counsel directly to debtor’s counsel is immune from liability under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692).
• Rodriguez v. Our Lady of Lourdes Medical Center
, 552 F.3d 297 (3d Cir. 2008) (Successfully argued for dismissal of a purported federal False Claims Act qui tam
and New Jersey Conscientious Employee Protection Act claims against a hospital client).
• In re Pinelands Commission
, Resolution No. PC4-04-74, 2007 WL 1541915 (App. Div.) (Defended a second Endangered Species Act challenge to a large South Jersey development firm’s project located within the New Jersey Pinelands.)
• Roadmaster (USA) Corp. v. Calmodal Freight Systems, Inc.
, 153 Fed. Appx. 827, 2005 WL 2761287 (3rd Cir.) (Defended a freight carrier’s appeal seeking to substantially increase a damage award against the plaintiff.)
• Henderson v. Camden County Municipal Utilities Authority
, 176 N.J. 554, 826 A.2d 615 (2003) (Argued in a case of first impression that a county municipal utilities authority was not statutorily permitted to charge its ratepayers compound interest, thereby saving a class of ratepayers millions of dollars in future interest payments.)
• Samost v. New Jersey Pinelands Commission
, 356 N.J. Super. 363, 812 A.2d 1113 (App. Div. 2003) (Defended an Endangered Species Act challenge from environmental groups to a large real estate development located in the New Jersey Pinelands.)
• In re Tax Credit Application of Pennrose Properties, Inc.
, 346 N.J. Super. 479, 788 A.2d 787 (App.Div. 2002) (Defended a rival real estate developer’s challenge to a multimillion-dollar tax credit award.)
• In re Reorganization of Medical Inter-Insurance Exchange of New Jersey
, 328 N.J. Super. 344, 746 A.2d 25 (App. Div. 2000) (Defended a regulatory challenge to a demutualization plan of one of New Jersey’s largest medical malpractice insurers.)
• In re Levy
, 256 B.R. 563 (Bankr. D.N.J. 2000) (Defended a bankrupt debtor’s attempt to extinguish a large judgment lien on a first impression argument that the debtor’s requested relief was barred under the doctrine of laches.)
• National Micrographics Systems, Inc. v. Canon U.S.A., Inc.
, 825 F. Supp. 671 (D.N.J. 1993) (A widely followed decision establishing standards to determine the enforceability and ramifications of “forum selection clauses” in commercial agreements.)Professional Activities
American Bar Association
• Association of Trial Lawyers of America – New Jersey
• New Jersey Bar Association
• Pennsylvania Bar Association
• Camden County Bar Association
• Gloucester County Bar AssociationAdmissions
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of PennsylvaniaEducation
Widener University School of Law, J.D., 1990
• Juniata College, B.S., Economics and Marketing, 1985Experience
Duane Morris LLP
- Partner, 2009-2012
• WolfBlock LLP
- Partner, 2001-2009
• Kozlov, Seaton, Romanini, Brooks & Greenberg, P.C.
- Partner, 1997-2001
- Associate, 1991-1997
Civic and Charitable Activities Honors and Awards
• Member, Chamber of Commerce of Southern New Jersey (CCSNJ)
• Board Member, South Jersey Elite Invitational Youth Football League, 2006-present
• Washington Township, New Jersey, Youth Football Coach, 2003-present
• Selected in the New Jersey Monthly
magazine, Super Lawyers
edition, as a New Jersey “Super Lawyer” for 2005-2009 and 2011-2013
• Listed in Super Lawyers, Corporate Counsel Edition, 2010
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell