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Lauren D. Rushak

Member
Office

Pittsburgh

One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA 15219
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Fax: 412.394.2555
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Education
J.D., Villanova University School of Law, Villanova, Pennsylvania, 1999, Moot Court Board, Recipient of Forensic Economics Studies, Inc., Outstanding Litigation Award
B.A., Pennsylvania State University - University Park, State College, Pennsylvania, 1996, International Politics/French
Ecole Commerciale De La Chambre De Commerce, Paris, France, 1995
State Bar Licenses
Pennsylvania
Court Admissions
Supreme Court of Pennsylvania
U.S. District Ct., W.D. of Pennsylvania
U.S. District Ct., M.D. of Pennsylvania
U.S. Court of Appeals, 3rd Circuit

Lauren D. Rushak

Member

Lauren D. Rushak is a member of the Commercial & Corporate Litigation Practice Group. She has handled a variety of complex disputes, including class action and derivative suits, involving claims for fraud, breach of contract, breach of fiduciary duty, and civil conspiracy as well as other business tort claims. Additionally, she has experience representing financial institutions and servicing companies in a host of disputes involving claims for, inter alia, violation of truth in lending laws, banking fraud, violation of consumer protection laws, violation of secondary mortgage laws, predatory lending, violation of the Fair Credit Reporting Act, alleged unfair trade practices, breach of loan contracts, false/inflated appraisal practices, as well as other tort and related claims. Lauren has also litigated complex real property disputes involving, for example, contractual and tort claims and coal, gas and mineral rights disputes brought on behalf of significant real estate developers, title companies and other commercial entities.

Lauren has both pursued and defended claims on behalf of individual and corporate clients, including Fortune 500 companies. She has experience litigating cases in both Pennsylvania state and federal courts, as well as in state and federal courts in Illinois, Ohio, Texas and West Virginia. In 2005, 2006, 2012, 2013 and 2014, Lauren was named a Pennsylvania Rising Star, an honor bestowed upon only 2.5 percent of Pennsylvania lawyers.

Publications/Presentations

  • Chapter Author, Pennsylvania Civil Pre-Trial Practice, 2017 Edition, Lexis Nexis Practice Guide 
  • Panelist, “Lease Disputes:  What Really Happens When You Go To Court,”  ICSC 2016 Ohio, Kentucky, Indiana, Pennsylvania and Michigan Retail Development and Law Symposium, March 2016.
  • “Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012.
  • “Dodd Frank And Commercial Real Estate – Where It All Stands,” E-Alert, September 2012.
  • “Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012.
  • Presenter, “C3: Complex Commercial Contract Litigation – Arbitration and Mediation,” TRA Seminar, September 2011.
  • “Revisiting the Subprime Meltdown: A Report from the ‘Tranches’,”Communiqué, August 2011.
  • Author, "Reform's Reach - Get to Know Financial Reform's Possible Impact on Commercial Real Estate," Scotsman Guide Commercial Edition and scotsmanguide.com, November 2010.
  • Panelist, “Litigating in Bankruptcy Court – Tips, Skills and Demonstrations,” PBI 15th Annual Bankruptcy Institute, September 2010.
  • Speaker, “Are the Days of Quick and Inexpensive Dispute Resolutions by Arbitration Gone? Does It Still Exist and Can It Be Done?,” Western Pennsylvania Chapter of Association of Corporate Counsel (WPACC), September 2010.
  • Panelist, “The Subprime Mortgage Meltdown,” Pennsylvania Bar Institute Course presented to the Business Lawyers Institute in Philadelphia, November 2008.
  • Panelist, “Making Sense of the Subprime Mortgage Mess,” Pennsylvania Bar Institute Course presented in Pittsburgh, Philadelphia and Mechanicsburg, Pennsylvania, July 2008.
  • “Identifying the Categories of Disputes Emerging From the Subprime Meltdown,” The Subprime Crisis: A Thomson West Special Report, March 2008.
  • "The Subprime Debacle Continues - The Nature and Scope of Litigation Begins to Reveal Itself," Communique, January 2008.
  • “Another Look at the Subprime Lending Industry: New Federal Guidelines, Among Other Proposed Modifications to Federal Law, Attempt to Curtail ‘Risky’ Practices,” Communiqué, August 2007.
  • "Subprime Insolvency: Secondary Sources of Recovery, Potential Liability and Possible Opportunities to Buy Debt at Distressed Prices," Communiqué, July 2007.
  • “Understanding Recent Developments in the Subprime Lending Market,” Communiqué, March 2007.
  • "The New Sheriff in Town: States Attorney General Enforcement of Business and Regulatory Offenses," presented to the Association of Certified Fraud Examiners, January 2005.
  • "Subprime Mortgage Lenders and Servicers Beware!," Alert, February 2004.

 

Experience

  • Represent national lender in actions against borrowers and guarantors on defaulted multi-million dollar loan agreements and lines of credit, including successfully defending against lender liability claims in state and federal bankruptcy court, successfully obtaining judgments against and pursuing guarantors in state court, successfully obtaining a charging order over a guarantor’s interests in a limited liability company, and pursuing separate foreclosure actions against guarantors.
  • Defended coal mining company against claims for statutory violations, breach of implied contract/unjust enrichment, breach of contract, negligence, misrepresentation, unfair trade practices, trespass in property damage and subsidence actions by landowners
  • Successfully defended coal mining company in state court litigation by land owners, involving breach of contract, fraud and civil conspiracy claims in connection with lease disputes
  • Represent national real estate company in various contract and business tort disputes, including not only litigation but advising on pre-litigation strategies and cost beneficial approaches
  • Represent and defend substantial real estate developer and owner against large scale mechanic’s lien claims surrounding work and improvements performed by tenant
  • Successfully represented mall developer in multi-million dollar contract and tort action against shopping center chain involving real estate disputes, lease disputes, intentional interference claims and related contract and tort claims. Jury Trial, Johnstown, Pennsylvania
  • Represented national bank in large scale predatory lending investigation by State Attorney General
  • Represented national bank in confession of judgment proceedings relating to commercial loan documents and guarantees and involving fraud and misrepresentation claims by borrowers
  • Successfully represented clients in federal court action brought by offshore captive insurance company where claims involved alleged breach of loan guarantee agreements surrounding clients’ participation in alleged abusive and fraudulent offshore tax shelter scheme. Action settled favorably to clients while jury deliberating.  Advisory Jury Trial, Western District of Pennsylvania (2013)
  • Successfully represented international construction and engineering company in multi-million dollar contractual indemnity action, arising out of underlying lawsuits involving an oil refinery expansion project. Jury Trial, Corpus Christi, Texas
  • Pursued claims on behalf of national bank relating to breaches of loan contracts
  • Defended national bank against claims of negligence, defamation and alleged violations of the Fair Credit Reporting Act in state court litigation by borrowers
  • Successfully defended international electronics corporation in multi-million dollar breach of commercial lease dispute involving tenant
  • Defended business director, officer and owners in federal and state court actions involving fraud, misrepresentation, breach of fiduciary duty, conversion, and negligence claims - including class action and derivative claims - related to a cellular telecommunication license and ownership/control of a limited liability company
  • Defended international chemical manufacturer and supplier against allegations of negligence, strict liability and breach of warranty in personal injury and wrongful death actions involving alleged exposure to the legionella bacteria
  • Defended financial lending and servicing company against detrimental reliance / promissory estoppel, breach of contract, fraud, misrepresentation, unfair claim settlement and bad faith claims in state court action by personal representative of borrower’s estate
  • Defended corporate directors and officers in federal court litigation involving disputes over a corporate stock purchase agreement and merger agreement
  • Successfully represented municipal authority against putative class action claims relating to billing procedures
  • Defended coal mining company in state court litigation by land owners, involving breach of contract, fraud, and civil conspiracy claims, in connection with a coal lease and an oil and gas lease
  • Defended financial lending and servicing company against breach of contract claims related to alleged entitlement to credit life insurance proceeds
  • Defended coal mining company against claims for negligence, misrepresentation, and unfair trade practices in connection with various longwall mining activities
  • Defended international reverse logistics company in multi-million dollar action by an international perfume supplier against contractual and tort claims
  • Represented national bank in litigation stemming from mortgage foreclosure/default proceedings involving, among other things, the application of the Soldiers and Sailors Relief Act
  • Represented financial lending and servicing company in action brought by consumers for alleged violations of consumer protection laws, secondary mortgage laws, truth in lending laws and involving alleged unfair trade practices claims
  • Counseled national bank on matters relating to whether to appeal a trial court’s findings of fact and conclusions of law involving U.C.C. Article 3 and 4 matters
  • Represented national bank in litigation stemming from mortgage foreclosure/default proceedings involving, among other things, the application of the Soldiers and Sailors Relief Act
  • Represented real estate developer in multi-million dollar breach of contract action against supermarket tenant
  • Defended coal mining company against claims for violation of the Pennsylvania Bituminous Mine Subsidence Act, breach of implied contract / unjust enrichment, breach of contract, and trespass in property damage and subsidence actions by landowners
  • Counseled national bank on matters relating to a proposed substantial funding of an out of state company embroiled in complex litigation proceedings and their effect on bank’s rights
  • Represent large national real estate company in various contract and business tort disputes
  • Conducted corporate internal investigation on behalf of audit committee of board of directors of publicly traded savings institution
  • Represented local and national real estate developers in multi-million dollar breach of commercial contract/lease actions against landowners and tenants
  • Represent national title company in litigation matters involving alleged title defects, tort claims and contractual disputes 
  • Represented national bank against breach of contract, negligent misrepresentation, unfair trade practices and other statutory violation claims (Real Estate Disclosure Act and Unfair Trade Practices and Consumer Protection Law) relating to sales practices and sales documents
  • Represent healthcare insurers, third party administrators, managed care organizations and others in contractual, business and other disputes. Representation includes counseling clients and litigating issues regarding payments, accounting for payments, third party administration and self-insured health plan issues, fraud claims, among others
  • Represent municipal authority in class actions involving alleged consumer protection violations, unfair trade practices and related claims
  • Pursued and defended claims on behalf of trustee of coal company's estate relating to coal supply agreement with large public utility
  • Represented national bank against conversion, trespass and assumpsit claims relating to the administration of an estate account
  • Represented private company in injunctive proceedings involving procedural and substantive due process violations, Section 1983 violations, and governmental immunity issues
  • Defended broker dealer in FINRA securities arbitration involving claims for breach of contract, negligence, breach of fiduciary duty, respondeat superior, unsuitability, misrepresentation and other claims brought by consumer
Memberships
Appointed Member, Local Rules Advisory Committee, Western District of Pennsylvania
Fellow, Allegheny County Bar Foundation
Advisory Board, Pennsylvania Civil Practice Guide
Pennsylvania Bar Association
Allegheny County Bar Association
Immediate Past President, Board of Directors, Easter Seals of Western and Central Pennsylvania
Fellow, The Academy of Advocacy of Temple University
Penn State Alumni Association
Secretary, Villanova Law Alumni Association, Pittsburgh Chapter
Former Member, Holy Family Courage House Award Committee
Member and former Co-Chair, Easter Seals Cotillion Committee
Experiences

Represent national lender in actions against borrowers and guarantors on defaulted multi-million dollar loan agreements and lines of credit, including successfully defending against lender liability claims in state and federal bankruptcy court, successfully obtaining judgments against and pursuing guarantors in state court, successfully obtaining a charging order over a guarantor’s interests in a limited liability company, and pursuing separate foreclosure actions against guarantors.

Defended coal mining company against claims for statutory violations, breach of implied contract/unjust enrichment, breach of contract, negligence, misrepresentation, unfair trade practices, trespass in property damage and subsidence actions by landowners

Successfully defended coal mining company in state court litigation by land owners, involving breach of contract, fraud and civil conspiracy claims in connection with lease disputes

Represent national real estate company in various contract and business tort disputes, including not only litigation but advising on pre-litigation strategies and cost beneficial approaches

Represent and defend substantial real estate developer and owner against large scale mechanic’s lien claims surrounding work and improvements performed by tenant

Successfully represented mall developer in multi-million dollar contract and tort action against shopping center chain involving real estate disputes, lease disputes, intentional interference claims and related contract and tort claims. Jury Trial, Johnstown, Pennsylvania

Represented national bank in large scale predatory lending investigation by State Attorney General
Represented national bank in confession of judgment proceedings relating to commercial loan documents and guarantees and involving fraud and misrepresentation claims by borrowers

Successfully represented clients in federal court action brought by offshore captive insurance company where claims involved alleged breach of loan guarantee agreements surrounding clients’ participation in alleged abusive and fraudulent offshore tax shelter scheme. Action settled favorably to clients while jury deliberating.  Advisory Jury Trial, Western District of Pennsylvania (2013)

Successfully represented international construction and engineering company in multi-million dollar contractual indemnity action, arising out of underlying lawsuits involving an oil refinery expansion project. Jury Trial, Corpus Christi, Texas

Pursued claims on behalf of national bank relating to breaches of loan contracts
Defended national bank against claims of negligence, defamation and alleged violations of the Fair Credit Reporting Act in state court litigation by borrowers

Successfully defended international electronics corporation in multi-million dollar breach of commercial lease dispute involving tenant

Defended business director, officer and owners in federal and state court actions involving fraud, misrepresentation, breach of fiduciary duty, conversion, and negligence claims - including class action and derivative claims - related to a cellular telecommunication license and ownership/control of a limited liability company
Defended international chemical manufacturer and supplier against allegations of negligence, strict liability and breach of warranty in personal injury and wrongful death actions involving alleged exposure to the legionella bacteria
Defended financial lending and servicing company against detrimental reliance / promissory estoppel, breach of contract, fraud, misrepresentation, unfair claim settlement and bad faith claims in state court action by personal representative of borrower’s estate
Defended corporate directors and officers in federal court litigation involving disputes over a corporate stock purchase agreement and merger agreement
Successfully represented municipal authority against putative class action claims relating to billing procedures
Defended coal mining company in state court litigation by land owners, involving breach of contract, fraud, and civil conspiracy claims, in connection with a coal lease and an oil and gas lease
Defended financial lending and servicing company against breach of contract claims related to alleged entitlement to credit life insurance proceeds
Defended coal mining company against claims for negligence, misrepresentation, and unfair trade practices in connection with various longwall mining activities
Defended international reverse logistics company in multi-million dollar action by an international perfume supplier against contractual and tort claims
Represented national bank in litigation stemming from mortgage foreclosure/default proceedings involving, among other things, the application of the Soldiers and Sailors Relief Act
Represented financial lending and servicing company in action brought by consumers for alleged violations of consumer protection laws, secondary mortgage laws, truth in lending laws and involving alleged unfair trade practices claims
Counseled national bank on matters relating to whether to appeal a trial court’s findings of fact and conclusions of law involving U.C.C. Article 3 and 4 matters
Represented national bank in litigation stemming from mortgage foreclosure/default proceedings involving, among other things, the application of the Soldiers and Sailors Relief Act
Represented real estate developer in multi-million dollar breach of contract action against supermarket tenant
Defended coal mining company against claims for violation of the Pennsylvania Bituminous Mine Subsidence Act, breach of implied contract / unjust enrichment, breach of contract, and trespass in property damage and subsidence actions by landowners
Counseled national bank on matters relating to a proposed substantial funding of an out of state company embroiled in complex litigation proceedings and their effect on bank’s rights
Represent large national real estate company in various contract and business tort disputes

Conducted corporate internal investigation on behalf of audit committee of board of directors of publicly traded savings institution

Represented local and national real estate developers in multi-million dollar breach of commercial contract/lease actions against landowners and tenants

Represent national title company in litigation matters involving alleged title defects, tort claims and contractual disputes 

Represented national bank against breach of contract, negligent misrepresentation, unfair trade practices and other statutory violation claims (Real Estate Disclosure Act and Unfair Trade Practices and Consumer Protection Law) relating to sales practices and sales documents

Represent healthcare insurers, third party administrators, managed care organizations and others in contractual, business and other disputes. Representation includes counseling clients and litigating issues regarding payments, accounting for payments, third party administration and self-insured health plan issues, fraud claims, among others

Represent municipal authority in class actions involving alleged consumer protection violations, unfair trade practices and related claims
Pursued and defended claims on behalf of trustee of coal company's estate relating to coal supply agreement with large public utility
Represented national bank against conversion, trespass and assumpsit claims relating to the administration of an estate account
Represented private company in injunctive proceedings involving procedural and substantive due process violations, Section 1983 violations, and governmental immunity issues
Defended broker dealer in FINRA securities arbitration involving claims for breach of contract, negligence, breach of fiduciary duty, respondeat superior, unsuitability, misrepresentation and other claims brought by consumer