Michael E. Lacy

Partner

Richmond
Business Phone: 804.697.1326
Business Fax: 804.698.6061

michael.lacy@troutman.com

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Michael Lacy is a partner in the Consumer Financial Services group with a primary focus in the Financial Services Litigation practice. He represents financial services and corporate clients in class action and individual matters in state and federal courts. He has significant trial experience in state and federal courts.

Michael also has significant experience litigating corporate disputes, including D&O claims and claims involving shareholders and closely-held businesses. He also has numerous commercial disputes and has represented condemnors in dozens of eminent domain matters.

Before joining Troutman Sanders, Michael served as a law clerk to the Honorable Lynn N. Hughes, U.S. District Judge for the Southern District of Texas.

Michael provides ongoing analysis and commentary on developments in the consumer financial services industry, with a focus on credit cards and payments, through the Consumer Financial Services Law Monitor blog at cfslawmonitor.com.

Representative Matters

Financial Services Litigation

  • Kerfoot v. FNF Servicing, Inc., 649 Fed. Appx. 1008 (11th Cir. May 23, 2016) (affirming dismissal of RICO, intentional infliction of emotional distress, and RESPA claims against loan servicer)
  • Quasebarth v. Green Tree Servicing, LLC, Civil Action No. 4:14cv223 (M.D. Ga., Columbus Division) (obtained defense verdict for loan servicer after five-day jury trial on fraud, interference with property rights, and intentional infliction of emotional distress claims. Obtained summary judgment on RICO claim before trial.)
  • Obtained directed verdict after a four-day jury trial on breach of contract and conversion claims seeking $500,000 relating to joint bank account.
  • Obtained defense verdict for bank after two-day bench trial on claims for breach of contract, breach of duty of good faith and fair dealing, and conversion relating to enforcement of commercial loan.
  • Goodwyn v. Capital One, N.A., et al., Civil Action No. 4:14cv219 (CDL) (M.D. Ga., Columbus Division) (obtained summary judgment on RICO and intentional infliction of emotional distress claims)
  • Flatau, et al. v. Sherman Financial Group LLC, et al., Civil Action No. 5:14cv245 (MTT) (M.D. Ga., Macon Division)
  • Obtained summary judgment for mortgage originator in FCRA class action. (Kingery v. Quicken Loans Inc., Record No. 14-1661, Per Curiam Opinion (4th Cir. Nov. 12, 2015)
  • Counsel to financial institutions in various commercial and lender liability disputes, including lawsuits involving breach of contract, fraud, defamation, negligence, breach of fiduciary duty, the Uniform Commercial Code (UCC), the Fair Credit Reporting Act (FCRA), the Truth-in-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), and the Fair Debt Collection Practices Act (FDCPA).
  • Regional counsel to national banks for mortgage litigation and related consumer financial services litigation.
  • Extensive experience representing banks, mortgage companies, and loan servicers in state and federal courts defending against mortgage-related claims, including “show me the note” claims, HAMP claims, and claims to rescind or reform mortgages.
  • Obtained dismissal of FDCPA, defamation, and negligence claims relating to collection of mortgage debt.
  • Obtained dismissal of fraud, negligence, and fiduciary duty claims seeking to hold bank vicariously liable for acts of employee relating to $50 million loan fraud scheme.
  • Obtained early dismissal of fraud, conspiracy, and breach of contract claims against bank and bank employee relating to handling of a commercial loan.
  • Successfully defended national bank against claims of conversion, breach of contract, slander, and negligence relating to handling of foreign currency deposits.
  • Successfully defended national bank against claims of tortious interference, conversion, conspiracy, and wrongful dishonor relating to alleged check kiting scheme.
  • Successfully represented bank against Equal Credit Opportunity Act (ECOA), fraud, and breach of contract claims relating to enforcement of $7 million commercial loan.
  • Represented national bank in lender liability suit brought by borrower on $25 million loan claiming breach of contract, tortious interference with business expectancy, actual and constructive fraud and violation of UCC.
  • Represents national banks in numerous garnishment and related collections matters throughout the Commonwealth of Virginia.

Shareholder and Business Litigation

  • Obtained dismissal of derivative claims asserting conversion and breach of duty of loyalty relating to corporate opportunities.
  • Successfully represented majority member of limited liability company in suit to judicially dissociate minority member.
  • Successfully defended limited liability company against suit to judicially dissolve company and for breach of fiduciary duty against majority member.
  • Successfully represented shareholder in suit pursuant to Va. Code § 13.1-773 to obtain corporate records from Virginia corporation.
  • Represented company and its officers and directors in suit for judicial dissolution and related derivative proceeding asserting claims of conversion, breach of fiduciary duty, and conspiracy.
  • Represented members of limited liability company in suit by another member to expel them from company due to alleged breach of operating agreement.
  • Obtained defense verdict for national owner of shopping centers relating to the enforcement of an alleged restrictive covenant.
  • Defended a non-profit organization in defense of a First Amendment challenge to its faith-based prison initiative. Americans United for the Separation of Church and State, Inc. v. Prison Fellowship Ministries, Inc., et al., 509 F. 3d 406 (8th Cir. 2008).
  • Represented general contractors and owners in federal courts and arbitration hearings relating to commercial and residential construction projects.

Public Utilities

  • Represents condemnors in eminent domain and property dispute proceedings in Central Virginia, Tidewater, and Northern Virginia regions.
  • Represents public utility companies in disputes over service territory issues and right to serve customers in North Carolina.

Speaking Engagements

  • Co-presenter, "Linear Projects - Utility Corridors," Seventh Annual Eminent Domain Conference - CLE International, April 25, 2013.

Presentations

Professional and Community Involvement

  • Virginia Bar Association
  • Virginia State Bar Association
  • John Marshall Inn of Court
  • Member, Virginia Bar Association Civil Litigation Executive Council (2011-present)

Rankings and Recognition

  • Named to Virginia Business magazine's Legal Elite in Civil Litigation (2016).
  • Selected by Law & Politics as a Virginia Super Lawyer in Business Litigation (2014-2016).
  • Named to Virginia Business magazine's Legal Elite in "Under 40" (2009-2014).
  • Selected as a Virginia "Rising Star" in General Litigation by Law & Politics' Virginia Super Lawyers Magazine (2008-2011, 2013).
  • Recognized in Benchmark Litigation's Under 40 Hot List (2016-2017).

Professional Experience

  • Partner, Troutman Sanders LLP, 2012-present
  • Associate, Troutman Sanders LLP, 2004-2011
Clerkship
  • Law Clerk to the Honorable Lynn N. Hughes, United States District Court, Southern District of Texas, 2002-2004

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Education

  • The College of William and Mary, J.D., 2002
    Editor in Chief, William & Mary Bill of Rights Journal; Dean’s Award for Excellence in Leadership
  • University of Virginia, B.A., Government, 1999

Bar Admissions

  • Virginia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Southern District of Texas