Thomas Cunningham is a partner in the firm’s litigation department and the leader of the firm’s Class Action Practice Group. He focuses his practice on the representation of banks and financial institutions in both state and federal courts. Mr. Cunningham frequently engages in consumer protection litigation and litigation involving fraud, fraudulent transfers, and bankruptcy litigation. He has successfully tried a number of cases and has argued on numerous occasions before the Illinois Appellate Court and United States Court of Appeals for the Seventh Circuit.
Bank and Financial Institution Litigation
Mr. Cunningham handles a wide variety of general litigation matters for our bank and financial institution clients. He is well-versed in the laws and regulations that govern those clients, including the Uniform Commercial Code, the Bankruptcy Code, the Truth-In-Lending Act, the Real Estate Settlement Procedures Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act and other consumer protection statutes. Mr. Cunningham regularly advises the firm’s bank clients on matters involving potential liability and has successfully tried a number of lender liability cases including claims against banks and financial institutions.
Consumer Finance Class Action Defense
A significant portion of Mr. Cunningham’s practice is devoted to defending consumer lenders against class actions and individual actions brought pursuant to a variety of state and federal consumer protection statutes, including the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, various state consumer fraud acts, and other statutes. Mr. Cunningham has successfully defended banks and financial institutions in several national class action cases.
Mortgage Industry Litigation
In addition to the defense of consumer finance cases, Mr. Cunningham has also represented some of the top residential mortgage lenders in the United States in a variety of other types of litigation, including the defense of actions involving warehouse lines of credit and the prosecution of several massive “mortgage flipping” schemes in Chicago and Atlanta. Mr. Cunningham routinely handles virtually all varieties of litigation involving the firm’s mortgage industry clients.
Commercial Loan Workout
Mr. Cunningham has significant experience in handling asset-based and real estate loan workouts for a number of banks and financial institutions. He assists clients in negotiating forbearance agreements, loan restructuring, liquidations including sales pursuant to the Uniform Commercial Code, and assignments for the benefit of creditors. When necessary, Mr. Cunningham enforces loan agreements through foreclosure and injunction proceedings. Mr. Cunningham has successfully prosecuted numerous cases involving fraud and fraudulent transfers as part of commercial loan workouts.
Bankruptcy Litigation
Often a loan workout will lead to a bankruptcy. Mr. Cunningham is a former employee of the United States Bankruptcy Court for the Northern District of Illinois and judicial extern to a former Chief Judge of the U.S. Bankruptcy Court for the Northern District of Illinois. He frequently negotiates cash collateral orders and represents banks and other financial institutions in actions to modify the automatic stay and claim objection litigation. Mr. Cunningham has also handled a number of adversary proceedings to determine dischargeability of debt or to deny a debtor a discharge, particularly in cases involving fraud. In addition, Mr. Cunningham has defended many clients against bankruptcy preference claims.
Education
- J.D., DePaul University College of Law, 1993
- B.S., Arizona State University, 1989
Bar Admissions
- Illinois, 1993
- California, 2009
Admitted To Practice
- U.S. Supreme Court, 1996
- U.S. Court of Appeals for the Seventh Circuit, 1993
- U.S. Court of Appeals for the Ninth Circuit, 2008
- U.S. District Court for the Central District of Illinois Trial Bar, 1996
- U.S. District Court for the Central District of Illinois, 1996
- U.S. District Court for the Northern District of Illinois, 1993
- U.S. District Court for the Northern District of Illinois Trial Bar, 1997
- U.S. District Court for the Southern District of Illinois, 2003
- U.S. District Court for the Western District of Michigan, 2002
- U.S. District Court for the Central District of California, 2009
- U.S. District Court for the Eastern District of California, 2009
- U.S. District Court for the Northern District of California, 2009
- U.S. District Court for the Southern District of California, 2009
- U.S. District Court for the Eastern District of Wisconsin, 2009
- U.S. District Court for the Northern District of Florida, 2009
- U.S. District Court for the Northern District of Indiana, 2010
Publications & Presentations
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Co-Author,
"Client Alert: Supreme Court Rules No Class Arbitration Absent Contractual Basis,"
Locke Lord
(April 29, 2010)
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Co-Author,
"Client Alert: Novel ECOA Claims Asserted Against Lenders & Servicers Regarding Loan Modification Requests,"
Locke Lord
(March 11, 2010)
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Co-Author,
"Client Alert: Seventh Circuit Joins First and Fifth Circuits in Rejecting TILA Rescission Class Actions,"
Locke Lord
(September 25, 2008)
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Co-Author,
"Client Alert: Federal Reserve Board Adopts Significant Revisions to Regulation Z,"
Locke Lord
(July 24, 2008)
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Co-Author,
"Client Alert: Fair Credit Reporting Act Update: FTC And FRB Issue Proposed Regulations Requiring Creditors To Send Risk-Based Pricing Notices,"
Locke Lord
(May 29, 2008)
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Co-Author,
"Client Alert: Outcome Uncertain for Defendants After Round One in Subprime RMBS Investor Litigation,"
Locke Lord
(May 28, 2008)
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Co-Author,
"Client Alert: Second Circuit, in Case of First Impression, Interprets Class Action Fairness Act to Provide Federal Jurisdiction for State Law Consumer Fraud Action Not Involving Nationally Traded Securities,"
Locke Lord
(May 19, 2008)
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Co-Author,
"Client Alert: Seventh Circuit Limits Its Holding In Cole v. U.S. Capital And Clarifies The Requirements For Making Firm Offers Of Credit Under The Fair Credit Reporting Act,"
Locke Lord
(April 16, 2008)
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Co-Author,
"Client Alert: Insufficient Documentation Of Securitized Mortgages Results In Dismissal,"
Locke Lord
(December 5, 2007)
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Co-Author,
"Client Alert: Predatory Lending Database Pilot Program Signed Into Law,"
Locke Lord
(September 2005)
Professional History
- Partner, Locke Lord Bissell & Liddell LLP
Professional Affiliations & Achievements
- Member, American Bar Association
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