Severson and Werson

Mark Lonergan is an experienced commercial litigator and trial lawyer, emphasizing consumer class actions, financial institution litigation, and complex business disputes.

Mr. Lonergan has defended nationwide and state-wide class actions brought under a variety of state and federal consumer protection statutes, including the Truth-In-Lending Act, the Fair Debt Collection Practices Act (both California and federal), the Fair Credit Reporting Act, California’s Consumer Legal Remedies Act, Unruh Act and “Unfair Competition Law,” federal and state leasing acts, and various state-specific consumer finance statutes. He has also defended well over 100 lawsuits alleging violation of California’s “Unfair Competition Law,” sections 17200 and 17500 of California’s Business & Professions Code, which prohibit unfair business practices and false advertising. Mr. Lonergan has defended claims brought under similar state statutes in Alabama, Arizona, Florida, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, Nevada, Ohio and Tennessee.

Mr. Lonergan also has extensive experience in the areas of forced-placed insurance, dealer reserve litigation, lender liability, bankruptcy code violations, shareholders’ rights, automobile finance litigation, real estate finance litigation, and insurance coverage disputes.

Mr. Lonergan is a member of the Association of Business Trial Lawyers.

Mr. Lonergan practices in the area of commercial litigation with an emphasis on consumer class actions, financial institution litigation and complex business disputes.
        
Mr. Lonergan's specific experience includes:

Consumer Class Actions: Defense of nationwide and statewide class actions brought under a variety of consumer protection statutes, including the Truth-In-Lending Act; the Fair Debt Collection Practices Act (both California and federal); the Fair Credit Reporting Act; California’s Consumer Legal Remedies Act, Unruh Act and Unfair Competition Law; similar unfair and deceptive acts and practices or “UDAP” statutes in other states; federal and state vehicle leasing acts; and, numerous state-specific consumer finance statutes.

Automobile Finance Litigation: Defense of claims arising out of the distribution, sale and financing of automobiles, including claims brought under the antitrust laws, state specific motor vehicle sales financing statutes (such as the Rees-Levering Act in California), the federal Automobile Dealer’s Day In Court Act, California’s Vehicle Leasing Act and the federal Consumer Leasing Act.

Mortgage Litigation: Defense of lawsuits arising out of the sale and financing of real property, including claims for violation of RESPA, HOEPA, ECOA and other federal statutes and claims based upon escrow practices, title insurance, private mortgage insurance and collateral protection insurance.

Subprime and “Predatory” Lending: Representation of national banks, investment banks and other financial institutions in connection with litigation arising out of subprime loans and so-called “predatory” lending. Specific experience includes the defense of nationwide class actions alleging predatory lending practices by mortgage lenders, lawsuits based upon HMDA data, lawsuits alleging the violation of ECOA in connection with mortgage and auto lending, and lawsuits arising out of securitization and secondary market activities, including the re-pricing of credit risk in the subprime mortgage market.

Commercial Litigation: Representation of companies in complex commercial litigation, including disputes regarding contractual interpretation, misrepresentation, portfolio sales, ownership and security interests in collateral, and other business-to-business disputes.

Force-Placed Insurance: Representation of lenders in lawsuits challenging the forced-placement of insurance on lenders’ collateral, both in California and other states, including nationwide class actions. Jury and bench trials of class actions in California and Minnesota challenging the forced-placement of insurance by a nationwide lender. Advise lenders regarding force-placed insurance programs and litigation exposure.

Dealer Reserve Litigation: Defense of automobile finance companies from claims arising out of “dealer reserve” payments in connection with the purchase of conditional sale contracts. Trial of California class action challenging dealer reserve payments under Rees-Levering Act and the Unfair Competition Law.

Lender Liability: Representation of banks and other financial institutions against a wide variety of claims, including breach of loan agreement, fraud, intentional and negligent misrepresentation, breach of fiduciary duty, negligence, tortious interference with business relationships, intentional and negligent infliction of emotional distress, and unfair debt collection practices.

Unfair Competition Claims: Defense of hundreds of lawsuits alleging violation of California’s “Unfair Competition Law,” sections 17200 and 17500 of California’s Business & Professions Code, which prohibit unfair business practices and false advertising. Defense of lawsuits brought under similar UDAP statutes in Alabama, Arizona, Florida, Michigan, Minnesota, Mississippi, New Jersey, New Mexico, Nevada, Ohio and Tennessee. Resolution of unfair competition claims through dispositive motions, settlement, arbitration and trial.

Bankruptcy Code Violations: Defense of secured creditors in nationwide class actions filed in bankruptcy court and alleging collection activities in violation of the automatic stay and discharge injunction under the United States Bankruptcy Code.

Insurance Coverage Disputes: Representation of financial institutions and insurance brokers in disputes regarding the interpretation and procurement of commercial insurance policies.

Trial Experience: Includes numerous jury trials and bench trials of both class actions and individual actions, in California and other jurisdictions.

Commerical Arbitrations: Defense and prosecution of claims in commercial arbitrations conducted at AAA and JAMS/Endispute. Relevant experiences include the representation of an automobile finance company in connection with a dispute over the sale of $750 million loan portfolio to a multi-national banking organization, and the defense of an insurance company in connection with a contractual “right of first refusal” to purchase a subsidiary.

Biographical Information:

Employment History: Member, Severson & Werson since 1997; joined firm in 1989. Chairman of the firm’s Financial Services Practice Group.

Education: B.A., University of Virginia, 1984. J.D., University of Virginia, 1989. Articles Editor, Virginia Environmental Law Journal.

Admitted to Practice: California; all federal district courts in California; Ninth Circuit Court of Appeals.

Professional Affiliations: American Bar Association; Association of Business Trial Lawyers.

Speaking Engagements: Frequent speaker at conferences conducted by the Practicing Law Institute, the American Conference Institute and other continuing legal education organizations.

• The Financial Services Practice Group obtained a private arbitration award in favor of a national bank.  Plaintiffs filed a complaint for negligence and breach of fiduciary duty based on the claim that the bank had failed to provide necessary investment advice.  Plaintiffs sought $4.6 million in damages.  After transferring the case to arbitration, Mark Lonergan and Mark Wraight successfully convinced the arbitrator to dispose of the breach of fiduciary duty claims.  And after a hearing on the remaining negligence claim, the arbitrator issued an award in favor of the bank and against the claimant.
• Severson & Werson’s Financial Services Group won a defense verdict for a national bank in a jury trial in San Benito County. Mark D. Lonergan and Mark I. Wraight, assisted by Michael J. Steiner and Joshua E. Whitehair, obtained a judgment in favor of the bank after the close of Plaintiff’s case. Plaintiff was challenging the bank’s right to foreclose and sought millions of dollars in damages.

• “State Litigation Issues" at the Lenders One 2008 Summer Conference (Chicago, Illinois, August 2008).
  
• "12th Annual Consumer Financial Services Litigation Institute" (Chicago, Illinois, April 2007).
  
• "Partners in Excellence" conference, sponsored by Assurant (Kiawah Island, South Carolina, March 2007).
  

• April 29, 2010
  

  Mark D. Lonergan to present at the 43rd Annual Bank Counsel Seminar at the Ritz Carlton Laguna Niguel, April 29th - May 1st, 2010