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Michael J. Lohnes

Partner
michael.lohnes@kattenlaw.com
Chicago Office
p+1.312.902.5341
f+1.312.577.4721
Overview

Michael J. Lohnes is a litigator whom clients describe as "talented and persuasive" as well as "detailed and aggressive in his approach." Mike helps clients find the most effective and cost efficient way to accomplish their goals. He focuses his practice on disputes related to the financial services industry, state and federal securities laws, regulatory and internal investigations, white collar defense and anti-fraud counseling. Mike has represented numerous clients in enforcement proceedings and investigations before the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC) and other regulatory bodies. He has successfully represented a broad range of clients in Financial Industry Regulatory Authority (FINRA) arbitrations and has vast experience litigating the full spectrum of securities class action and derivative lawsuits, including those involving allegations of fraud, misleading proxy statements and short-swing trading. Mike has also successfully defended multiple publicly traded companies and their officers and directors in actions asserting state law claims in the merger and say-on-pay contexts. In addition, he practices extensively in complex commercial disputes, including those involving insurance fraud and consumer finance. As a result of his work, Mike was recently recognized as one of the top 40 attorneys in Chicago under 40 by the National Law Journal.

Prior to joining the firm, Mike served as a law clerk for the Federal Trade Commission’s Bureau of Consumer Protection in Washington, DC. He also previously served as a Public Interest Law Initiative Fellow at the Legal Aid Bureau in Chicago.

Mike is an active participant in Katten's partnership with the Chicago public school, Jose de Diego Community Academy, called "Lawyers in the Classroom" and serves as a mentor through the Leadership Council on Legal Diversity.

Shown below is a selection of Michael’s engagements.

Experience
  • Representation of 26 public companies named as nominal defendants in 55 related cases brought pursuant to Section 16(b) of the Securities and Exchange Act seeking disgorgement of profits by underwriters as a result of short-swing trading in initial public offerings. Representative clients included Martha Stewart Living Omnimedia, Priceline.com, Red Hat, Sycamore Networks and TheStreet.com. Successfully obtained dismissal from the US District Court for the Western District of Washington and the US Court of Appeals for the Ninth Circuit.
  • Successful defense of a broker-dealer and a branch manager in arbitration where claimants sought in excess of $60 million based on claims for negligence, failure to supervise, and violations of state securities laws and FINRA rules.
  • Representation of AAR CORP. in obtaining dismissal with prejudice of a putative class action complaint alleging that AAR CORP.'s board of directors breached its fiduciary duty by omitting information relating to the basis for the company's executive compensation decision. Successfully argued against the entry of a temporary restraining order that sought to enjoin the advisory shareholder vote on executive compensation prior to obtaining dismissal.
  • Representation of HSBC Bank USA, N.A. in consolidated class action securities litigation alleging violations of the Exchange Act and the Securities Act. The complaint arose out of alleged false representations and material omissions in solicitation materials allegedly used by a bank customer in the fraudulent sale of unregistered securities.
  • Representation of a paid subscription-supported website containing crowd-sourced reviews of local businesses, and certain of its current and former officers, in a putative securities class action. Obtained complete dismissal of the complaint, which asserted violations of Sections 10(b) and 20(a) of the Exchange Act based on alleged misrepresentations and omissions regarding the company's business model and financial prospects.
  • Defense of a FINRA member in multiple arbitrations arising from a Ponzi scheme perpetrated by a third party. Obtained prehearing dismissal of each matter except one, which was successfully tried on the merits.
  • Representation of Tekelec against claims that arose from allegedly false and misleading statements made by the company and its officers about one of the company's main product lines and the company's business prospects in developing markets. Obtained dismissal of a complaint alleging violations of Sections 10(b) and 20(a) of the Exchange Act on behalf of Tekelec and its directors. Also represented Tekelec in a consolidated action in California state court seeking to block a proposed going-private transaction and claiming that the company's directors breached their fiduciary duties in approving the company's merger agreement.
  • Representation of broker-dealer in connection with a CFTC investigation into a fraudulent scheme that was allegedly perpetrated through the use of accounts held by the client’s customer. The matter concluded with a favorable resolution for the client.

Recognition

The National Law Journal, Chicago's 40 Under 40

Public Interest Law Initiative

Public Interest Law Initiative, Fellow
Benchmark Litigation, Rising Star, 2016
Benchmark Litigation - Under 40 Hotlist, Top Litigator Under 40, 2016, 2017
Articles
April 5, 2013
"As Proxy Season Begins, the Dodd-Frank Say-on-Pay Cases Are on the Brink of Death," The D&O Diary
Michael J. Lohnes

Education

  • JD, The George Washington University Law School, with highest honors
  • BA, The University of Southern California

Bar Admissions

  • Illinois

Court Admissions

  • US District Court, District of Connecticut
  • US District Court, Northern District of Illinois
  • US District Court, Southern District of Illinois
  • US District Court, Western District of Missouri
  • US District Court, District of Nevada
  • US District Court, Eastern District of North Carolina
  • US Court of Appeals, Seventh Circuit
  • US District Court, Eastern District of Michigan
  • US District Court, District of Colorado

Recognition

The National Law Journal, Chicago

Public Interest Law Initiative

Fellow
Benchmark Litigation
Rising Star, 2016
Benchmark Litigation - Under 40 Hotlist
Top Litigator Under 40, 2016, 2017
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Memberships

  • American Bar Association
  • Leadership Council on Legal Diversity, Mentor
  • The Chicago Bar Association