Kent Lambert

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201 St. Charles Avenue
Suite 3600
New Orleans, Louisiana 70170
T: 504.566.5252
F: 504.636.3952

Kent A. Lambert, shareholder in the New Orleans office and leader of the Firm's Business Litigation Group, concentrates his practice in the area of commercial litigation. His practice emphasizes civil trial work and litigation, complemented by an active civil appellate practice. Throughout his career, Kent has worked with financial institutions, their officers and directors, and bank-affiliated investment professionals in a wide variety of cases, including fraud actions, breach of fiduciary duty cases, lender liability claims, mortgage fraud matters, bank deposit and collection claims, and consumer class action defense, as well as in arbitrations and regulatory proceedings. In addition, Mr. Lambert has handled a wide variety of intentional and non-intentional business torts and contract disputes, including a number of civil RICO actions, on behalf of domestic and international concerns in industry sectors that encompass manufacturing, telecommunications, insurance, hospitality, construction, oil and gas, medical, technology, and real estate interests, among others. He also has been involved in matters concerning public records law, as well as federal and state regulatory proceedings and litigation concerning various aspects of the insurance and telecommunications industries.

Mr. Lambert is also chair of Baker Donelson's e-Discovery and Information Management group, and has extensive experience in handling evidentiary and sanctions proceedings arising out of e-discovery disputes, as well as with the myriad day-to-day complications and demands of electronic data preservation and production.

Representative Matters

  • Successfully represented national bond insurer before the U.S. District Court for the Eastern District of Louisiana and the U.S. Fifth Circuit Court of Appeals against claims brought by a Louisiana hospital over a $350 million bond issuance alleging bad faith breach of contract, negligent misrepresentation, abuse of right, and related business torts, ultimately prevailing on appeal pursuant to a unanimous three-judge decision affirming the trial court's dismissal of the entirety of the plaintiff hospital's suit with prejudice.
  • Represented an international construction, fabrication and engineering concern in litigation before the Eastern District of Washington involving allegations of fraud, gross negligence and construction defects related to the construction of silicon and silicate refining facilities for a subsidiary of a major European solar power concern.
  • Successfully represented an international magnetics manufacturer in a patent case before the Northern District of California related to the housing design for toriods used in printed circuit board applications.
  • Successfully represented sports tour operator in the prosecution of fraud and breach of contract claims against a resort operator in connection with its failure to provide suitable rooms and facilities in connection with a major college football bowl game and NCAA Bowl Championship Series (BCS) game.
  • Successfully defended international disaster recovery and remediation company in $85 million suit pending in the Middle District of Florida against civil claims asserted under the RICO Act, as well as for fraud, civil conspiracy, tortious interference, and related business torts involving alleged conspiratorial misconduct with the plaintiffs’ insurers and adjusters, third-party construction managers, and others related to property damage claims for nine beach front hotels stemming from hurricanes Charlie, Francis and Jeanne.
  • Successfully defended leading international bond insurer in a suit before the Western District of Louisiana against claims for fraud, conspiracy to defraud, unfair business practices, negligent misrepresentation, and other intentional and non-intentional business torts seeking more than $1.1 billion in damages based on allegations that the insurer, individually and in concert with various investors and other credit insurers, sought to force the plaintiff hospital system into a default on a series of conduit financing bonds used to develop integrated and stand-alone facilities within the plaintiff's system.
  • Successfully represented leading financial institutions against individual and class-wide claims brought on behalf of mortgagors in the aftermath of hurricanes Katrina and Rita in both Louisiana state and federal courts, obtaining involuntary dismissals in eight separate cases.
  • Represented a state insurance company in litigation against the Louisiana Department of Insurance, successfully overcoming an attempt by the Department to place the company into an involuntary receivership.
  • Obtained dismissal of Kentucky merger bank and its holding company from suit in Louisiana state court alleging negligence by the bank in accepting numerous fraudulent items over an extended period, which facilitated a massive embezzlement scheme.
  • Settled multi-million dollar claim on behalf of an interstate gas pipeline company after a critical offshore pipeline was damaged during dredging operations.
  • Defended leading regional bank in a putative class action brought on behalf of customers claiming their automobile loan accounts had been charged excessive amounts for force-place collateral protection insurance secured by the lender through an alleged "captive" insurance provider.
  • Represented major telecommunications provider accused of having sabotaged the plaintiff's proprietary invention in order to promote competing products, which claims were ultimately settled after filing a series of potentially dispositive motions.
  • Successfully resolved claims brought by RTC/FDIC against various officers and directors for alleged breach of fiduciary duty and related misconduct after the failure of a major Louisiana savings and loan.
  • Obtained favorable judgment after bench trial in multi-million dollar check fraud suit in Louisiana federal court.
  • Defended claims related to allegedly wrongful termination of a regional hair care product distributor brought against a leading U.S. manufacturer.
  • Successful representation of special-event tour company in multiple disputes based on the breach of group booking contracts for Super Bowls in Texas, Detroit and Florida.
  • Represented gas utility in week-long bench trial in Virginia federal court over the corrosion and failure of underground gas pipeline segments attributed to deficient cathodic protection.
  • Represented gas utility in two-week jury trial in Louisiana state court defending against claims by individual who survived a residential gas explosion with second and third degree burns over more than 80% of his body.
  • Successfully represented minority shareholder against hostile squeeze out attempted by majority interest holder in anticipation of pursuing an IPO.
  • Significant experience litigating TROs and preliminary injunctions in unfair competition, trade secret and consumer lending disputes.

Professional Affiliations, Honors & Activities

  • Listed in Chambers USA: America's Leading Business Lawyers as a leading lawyer in Louisiana since 2010
  • Listed in The Best Lawyers in America® in Commercial Litigation, 2013, 2014
  • Listed in Louisiana Super Lawyers in Business Litigation Law, 2013, 2014
  • Recognized by Martindale-HubbellTM as a Top Rated Lawyer in Appellate Practice, 2013
  • Recognized by Martindale-HubbellTM as a Top Rated Lawyer in Banking & Finance Law, 2013
  • Recognized by New Orleans CityBusiness as a Leader in Law, 2014
  • Member – American Bar Association (Section of Litigation, Trial Evidence)
    • Officer, Council of the Section of Litigation, 2013 – 2016
    • Former Chair, Trial Evidence Committee
    • Former Associate Editor – ABA Litigation News
    • Former Chair of the Pretrial Practice and Discovery Committee
    • Former Vice-Chair of the Business Torts Committee
  • Member – Louisiana State Bar Association; U.S. Fifth Circuit Court Bar Association; Bar Associations of U.S. District Courts for the Eastern, Middle & Western Districts of Louisiana
  • Faculty Member – National Institute of Trial Advocacy
  • Officer – Council of the American Bar Association Section of Litigation

Publications & Speaking Engagements

  • Speaker – "Miscellaneous Evidentiary Privilege Issues: Timely Topics Borrowed From the Cloud," Evidence seminar for LSBA (December 23, 2012)
  • Speaker – "Guidance Through a Rough and Often Unchartered E-Discovery Terrain," with Magistrate Judge Karla Spaulding, United States District Court, Middle District of Florida, American Bar Association SAC program (April 15, 2011)
  • Speaker – "Breakthroughs in Search Technology: Have We Finally Found the Holy Grail?" American Bar Association, Fourth Annual National Institute on E-Discovery (May 2010)
  • Moderator – "What Every Civil Practice Attorney Should Know About Criminal Law," Annual ABA Meeting, Chicago, Illinois (August 2009)
  • Speaker – "Trickle-Down Economics: Why Multifamily and Commercial Properties are now Targets of Fraud," Mortgage Bankers Association, Annual Commercial/Multifamily Servicing Conference (May 2009)
  • Speaker – "Everything You Wanted to Know About Contracts with E-Discovery Vendors," American Bar Association, Third Annual National Institute on E-Discovery (May 2009)
  • Speaker – "Securities Fraud Issues in the Valuation and Markdown of Residential Mortgage Backed Securities & Related Collateralized Debt Offerings and Derivatives: Understanding Securities Valuation and Credit Risk Analysis," 4th IQPC Securities Litigation Conference (May 2008)
  • Speaker – "The Legal Tsunami: How to Manage the Crisis When Your Industry Faces a Product-Related Mass Tort," American Bar Association, Section of Litigation Annual Meeting (February 2008)
  • Speaker – "Deepening Insolvency Litigation," Annual Meeting of the American Bar Association (August 2007)
  • Speaker –"Confronting Catastrophe: Pandemics, Hurricanes, Terrorists – Oh My!" American Bar Association Section of Litigation Annual Meeting (April 2007)
  • Speaker – "Data Security Breach – Claims and Defenses When Personal Information Gets Loose," American Bar Association, Section of Litigation Committee on Corporate Counsel (February 2006)
  • Speaker – "Current Issues in Lender Liability in the Wake of Enron," Annual Meeting of the National Conference of Bankruptcy Judges (October 2003)
  • Speaker – "Operating a Business in the Vicinity of Insolvency," Annual Meeting of the American Bar Association, Section of Litigation (August 2002)
  • Author – "Class Action Settlements in Louisiana," 61 Louisiana Law Review 89 (Fall 2000)
  • Author – "The History of the Absorption of American Civil Procedure and Evidence in Louisiana," Published in Louisiana: Microcosm of a Mixed Jurisdiction, UNC Press (1999)
  • Author – "Certification of Class Actions in Louisiana," 58 Louisiana Law Review 1085 (1998)
  • Co-Author – "A Practical Guide to Commercial Damages in Louisiana," 43 Loyola Law Review 257 (1998)
  • Co-Author – "Developments in the Law 1993-94: A faculty Symposium - Obligations," 55 Louisiana Law Review 597 (1995)
  • Author – Comment: "The Suffocation of a Legal Heritage: A Comparative Analysis of Civil Procedure in Louisiana and France," 67 Tulane Law Review 231 (1992)

Admissions

  • Louisiana, 1993

Education

  • Tulane University, J.D., 1993, cum laude
  • Denison University, B.A., 1990, magna cum laude