Gregory A. Lomax
Partner
Duane Morris LLP
Suite 200
1940 Route 70 East
Cherry Hill, NJ 08003
USA
Phone: +1 856 874 4207
Fax: +1 856 874 4367
Email:
glomax@duanemorris.com
Gregory A. Lomax concentrates his practice in the area of complex commercial litigation with an emphasis on partnership and closely-held corporate disputes, disputes regarding corporate governance, real property disputes, unfair trade and trademark matters, and general equity litigation. Mr. Lomax has extensive trial and appellate court civil litigation experience. He 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.
Mr. Lomax has a significant practice in representing parties in partnership, closely held shareholder and other intra-company disputes, particularly relating to parties involved in corporate or partnership “divorce” matters. In connection with such matters, he has substantial experience with New Jersey's Oppressed Minority Shareholder's Act, as well as litigating matters involving issues under New Jersey's Business Corporations Act, the Limited Liability Company Act, and New Jersey's Uniform Partnership and Limited Partnership Acts. Mr. Lomax also frequently represents parties where claims of breach of fiduciary duty and misappropriation of company assets have been alleged. In connection with such cases, he also has significant experience litigating receivership claims in the New Jersey state and federal courts.
Mr. Lomax also regularly represents clients in a wide variety of general equity matters, which include restrictive covenant disputes, unfair trade matters including matters involving alleged trade mark and trade dress violations, and claims involving demands for injunctive relief. Mr. Lomax also has a substantial practice in representing real estate developers and owners in a variety of cases involving disputes over or about real estate. Such disputes involve claims relating to alleged defaults on real estate contracts, commercial leasehold disputes, real estate partnership and joint venture litigations, and a variety of land use disputes.
Mr. Lomax regularly handles significant disputes relating a wide variety of contractual, transactional and business relationships. He also regularly handles a wide variety of business disputes involving claims of tortious interference, fraud, consumer fraud, unfair trade, misappropriation and fiduciary duty claims.
Areas of Practice
- Commercial and General Equity Litigation
- Land Use and Real Estate Litigation
Representative Matters
- 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.
- 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.
- 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.
- 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.)
Partnership and Closely Held Corporate Disputes
General Equity Litigation
Real Estate Litigation
General Commercial Litigation
Published Decisions
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 Association
Admissions
- New Jersey
- Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Courts for the Eastern District of Pennsylvania
Education
- Widener University School of Law, J.D., 1990
- Juniata College, B.S., Economics and Marketing, 1985
Experience
- Duane Morris LLP
- Partner, 2009-present - WolfBlock LLP
- Partner, 2001-2009 - Kozlov, Seaton, Romanini, Brooks & Greenberg, P.C.
- Partner, 1997-2001
- Associate, 1991-1997
Civic and Charitable Activities
- 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
Honors and Awards
- Listed in Super Lawyers, Corporate Counsel Edition, 2010
- Selected in the New Jersey Monthly magazine, Super Lawyers edition, as a New Jersey "Super Lawyer" for 2005-2009 and 2011
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Speaking Engagements
- "How to Get Your Foot in the Door," Chamber of Commerce Southern New Jersey Procurement Fair, Voorhees, New Jersey, June 24, 2009
