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Kent Lambert

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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.

Featured Experience

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 toroids used in printed circuit board applications.

Professional Biography

Overview

Kent's practice emphasizes civil trial work, complemented by an active civil appellate practice.

Kent has been chair of Baker Donelson's Business Litigation Practice Group since 2014, encompassing some 100 attorneys across the Firm's 23 offices in ten states and Washington, D.C. Mr. Lambert has handled a wide variety of commercial disputes, including intentional and non-intentional business torts, contract actions, fiduciary litigation, franchise matters, property and leasehold disputes, and civil RICO actions on behalf of domestic and international concerns in industry sectors that encompass chemical and petrochemical concerns, aggregates, transportation, manufacturing, telecommunications, health care, hospitality, construction, technology, insurance, and real estate interests, among others.

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. He also has been involved in matters concerning public records law, as well as federal and state regulatory proceedings and litigation concerning aspects of the telecommunications industry.

The former chair of Baker Donelson's e-Discovery and Information Management group, Kent also has extensive experience with e-discovery management and technologies, data security and privacy matters, and information management and preservation issues.

Representative Matters
  • Ongoing representation of the nation's largest aggregates company.

  • 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 toroids used in printed circuit board applications.

  • Successfully represented a 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 an international disaster recovery and remediation company in an $85 million suit 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 a 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 a 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 the department's attempt to place the company into an involuntary receivership.
  • Obtained the dismissal of a 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 a multimillion dollar claim on behalf of an interstate gas pipeline company after a critical offshore pipeline was damaged during dredging operations.

  • Defended a 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-placed collateral protection insurance secured by the lender through an alleged "captive" insurance provider.

  • Defended a major telecommunications provider accused of sabotaging the plaintiff's proprietary invention in order to promote competing products, ultimately settling the claims after filing a series of potentially dispositive motions.
  • Successfully resolved claims brought by RTC/FDIC against various officers and directors for the alleged breach of fiduciary duty and related misconduct after the failure of a major Louisiana savings and loan bank.

  • Obtained a favorable judgment after a bench trial in a multimillion dollar check fraud suit in Louisiana federal court.

  • Defended claims related to alleged wrongful termination of a regional hair care product distributor brought against a leading U.S. professional salon products manufacturer.

  • Successfully represented a special-event tour company in multiple disputes based on the breach of group booking contracts for Super Bowls in Texas, Detroit and Florida.
  • Represented a gas utility in a bench trial in Virginia federal court over the corrosion and failure of underground gas pipeline segments attributed to deficient cathodic protection.
  • Defended a gas utility in a two-week jury trial in Louisiana state court against claims by an individual who survived a residential gas explosion with second and third degree burns over more than 80 percent of his body.

  • Successfully protected a minority shareholder against a hostile squeeze out attempted by a 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.

  • Prevailed before the Louisiana Court of Appeal, First Circuit in an appeal from a confirmed default judgment with the result that the judgment, which included injunctive relief, declaratory relief, monetary damages, the disqualification of prior counsel, statutory penalties and attorneys' fee awards, was vacated in its entirety because it was rendered without proper notice.
  • Obtained a judgment from the Louisiana Court of Appeal, First Circuit on behalf of a bank, vacating a trial court's judgment as null in a residential foreclosure action, after a debtor obtained a default judgment against a bank in an ex parte proceeding, resulting in the bank filing for a new trial, asserting a lack of notice. The circuit court vacated the trial court's judgment because the debtor had failed to send required notice of the date of the entry of the judgment of default by certified mail at least seven days, exclusive of holidays, before confirmation of the judgment of default, as is required by law.
  • Prevailed before the U.S. 5th Circuit Court of Appeals, which upheld a district court judgment dismissing a suit which sought to annul a bank's "executory process" foreclosure and recover damages for the allegedly wrongful seizure and sale of the mortgaged premises. This decision established favorable federal precedent barring similar actions grounded upon technical procedural and/or evidentiary issues within Louisiana executory process foreclosure proceedings.

  • Prevailed on behalf of multiple mortgage servicers in an action before the U.S. District Court for the Eastern District of Louisiana in a federal civil RICO Act suit brought on behalf of multiple Louisiana parish clerks, related to alleged improprieties involving the recordation and administration of mortgage loan assignments, with the result that the court dismissed the entire action with prejudice.
  • Prevailed on appeal before the Louisiana Court of Appeals, Fourth Circuit, which affirmed the decision of the Civil District Court for the Parish of Orleans, Louisiana dismissing a gross negligence suit against a mortgage servicer related to alleged lender misconduct in the administration of so-called Section 203(k) financing.
  • 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.

Professional 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 – 2018); Mass Tort Litigation/Class Actions - Defendants (2018)
  • Listed in Louisiana Super Lawyers in Business Litigation Law (2013 – 2017);  listed as among top 50 attorneys in New Orleans (2017)
  • Recognized as a "Top Lawyer" in Bet-the-Company Litigations by New Orleans Magazine (2017)
  • Recognized by New Orleans CityBusiness as a Leader in Law (2014)
  • Fellow – American Bar Foundation
  • Member – American Bar Association (Section of Litigation, Trial Evidence)
    • Board Member, Book Publishing Committee
    • Former Officer, Council of the Section of Litigation (2013 – 2016)
    • Former Chair, Trial Evidence Committee
    • Former Chair, Pretrial Practice and Discovery Committee
    • Former Vice Chair of the Business Torts Committee
    • Former Associate Editor – ABA Litigation News
  • 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
  • Former Faculty Member – National Institute of Trial Advocacy
Speaking Engagements
  • "Your Professional Online Avatar," ABA Section of Litigation (June, 2015)
  • "Ethics in the Clouds," Louisiana State Bar Association Annual Meeting and Summer School (June, 2015)
  • "Miscellaneous Evidentiary Privilege Issues: Timely Topics Borrowed From the Cloud," Evidence seminar for LSBA (December, 2012)
  • "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, 2011)
Press Releases

Kent Lambert specializes in litigation at the federal court level, with experience in civil trial and appellate litigation. One source stated that 'he is a very impressive, very bright and extremely hard-working individual who stays on top of his cases.'

Kent Lambert draws praise for his expertise in defending against class actions. His notable civil trial practice is complemented by additional expertise in appellate work. Interviewees praise the 'terrific job' he does in complex litigation. 

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