Thomas J. Cunningham

Partner

111 South Wacker Drive
Chicago, Illinois 60606
Phone: (312) 443-1731
Fax: (312) 896-6731
tcunningham@lockelord.com

300 S. Grand Avenue, Suite 2600
Los Angeles, California 90071
Phone: (213) 687-6738
Fax: (213) 485-1200

Thomas Cunningham is Co-Chair of the Firm’s Litigation department, the leader of the Firm’s Class Action practice group and former member of the Firm's Executive Committee. 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 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.

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 (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA), various state consumer fraud acts, and other statutes. Mr. Cunningham has defended banks and financial institutions in numerous national class action cases in courts across the country.

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 fraud schemes in Chicago and Atlanta. Mr. Cunningham routinely handles virtually all varieties of litigation involving the firm’s mortgage industry clients.

Investigations & Qui Tam Litigation

Mr. Cunningham advises the Firm's financial institution clients in connection with inquiries, investigations and civil investigative demands received from a broad range of federal and state regulators and attorneys' general, including the CFPB, HUD, OTS, DOJ, FTC, FRB, and many others. Mr. Cunningham also represents firm clients in responding to both federal and state qui tam and False Claims Act complaints.

Securities & Shareholder Litigation

In recent years litigation involving MBS transactions has multiplied, and Mr. Cunningham has represented originators, issuers, trustees, servicers and others in a number of those cases. Mr. Cunningham has significant experience handling federal and state securities claims including the defense of actions brought by investors in securitized mortgage pools.

Mr. Cunningham has represented various parties to MBS transactions in responding to subpoenas issued by the Federal Housing Finance Agency and the Federal Home Loan Banks.

Mr. Cunningham also prosecutes claims on behalf of shareholders, including state and federal securities act claims as well as shareholder derivative actions.

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 tried a number of lender liability cases including claims against banks and financial institutions.

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 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 been responsible for the prosecution of hundreds of preference claims in chapter 11 cases on behalf of debtors, as well as defended many creditors against preference claims.