Conor’s practice focuses on commercial litigation, commercial transactions, and bankruptcy. His litigation practice is concentrated around the representation of financial institutions in lender liability actions, debt enforcement actions, and businesses in contractual disputes. He represents finance and leasing companies with regard to collateral recovery and lease enforcement and commercial landlords with evictions and other lease issues. Conor’s bankruptcy practice includes the representation of creditors in bankruptcy proceedings, as well as defense of lenders in adversary proceedings. In addition, he has extensive experience with construction litigation and the enforcement of privileges and liens under the Louisiana Private and Public Works Acts, and the Miller Act.
Conor’s transactional practice regularly involves representation of commercial developers, landlords, and businesses. He has advised developers and landlords on the permitting process, local ordinances, and state and federal law and issues. He also has represented these clients in remedying code enforcement violations. He advises financial institutions regarding obligations and duties under Louisiana law in customer and regulatory issues. He advises and assists businesses with entity formation and structuring, joint ventures, real estate transactions, asset purchases, acquisitions, financing, and secured transactions.
Reported Decisions:
- Specialized Loan Servicing, L.L.C. v. January, 12-2668 (La. 6/28/13), 119 So.3d 582. Successfully defended claims against banking client for conversion of a negotiable instrument through exception of prescription with Louisiana Supreme Court, in resolving a Louisiana circuit split, joining majority of Uniform Commercial Code jurisdictions in ruling that the discovery rule of contra non valentem does not interrupt prescription of a negotiable instrument
- Thames v. Thames, 50,639 (La. App. 2 Cir. 5/8/16), 196 So.3d 653, writ denied, 2016-1066 (La. 9/23/16). Obtained summary judgment and prevailed on exception of prescription on behalf of banking client relative to claims by former wife against former husband attempting to hold bank liable in solido for claims for fraud, breach of fiduciary duty, and racketeering conspiracy. The Louisiana Second Circuit Court of Appeal affirmed the Trial Court’s decision and the Louisiana Supreme Court denied Writ of Certiorari.
- FMB Development, L.L.C. v. Hibernia National Bank, 2016-1057 (La. App. 4 Cir. 7/12/17), 224 So.3d 431. Obtained summary judgment in favor of mortgagee bank of claims brought by mortgagor for breach of contract and fiduciary duty relative to an alleged failure to notify mortgagor that the properties were in special flood hazard area, failing to notify mortgagor of the amount of flood insurance required by mortgagee, and failing to purchase required flood insurance when mortgagor failed to do so. Appeal affirmed by Louisiana Fourth Circuit Court of Appeal.
- Szyller v. Capital One, N.A., 17-5153, 2018 WL 4932058 (E.D. La. Oct. 11, 2018) –Obtained summary judgment on behalf of bank client for claims brought by former spouse of decedent bank customer relative to an alleged payable on death account for negligence, breach of contract, negligent misrepresentation, and breach of fiduciary duty.
- Matter of Thornhill Brothers Fitness, L.L.C., 85 F.4th 321 (5th Cir. 2023).
Representative Experience:
Bankruptcy
- Assisted client with regard to the Chapter 11 bankruptcy of one of its member-companies. Additionally, assisted client with its post-petition financing of the member-company and the ultimate purchase of that company in bankruptcy by an affiliated company of the client.
- Repeated favorable outcomes for national equipment leasing company client regarding relief from automatic stay in Chapter 12 bankruptcy proceedings.
- Regular representation of creditors regarding real estate collateral in Chapter 7 and 11 bankruptcy proceedings.
- Regular representation of creditors with regard to Chapter 13 bankruptcy proceedings.
- Obtain favorable settlement agreement for client in adversary proceeding as a result of a wrongful seizure of debtors’ vehicle in Chapter 13 adversary proceeding.
- Favorable representation of banking client in adversary proceeding as a result of bank’s wrongful seizure of insurance proceeds in Chapter 13 adversary proceeding.
- Favorable outcome for banking client relative to Chapter 11 adversary proceeding regarding a freeze placed on various bank accounts associated with various businesses of the debtor.
Litigation
- Obtain favorable settlement in breach of contract claim for client providing services to medical marijuana provider.
- Successfully obtained summary judgment in favor of remediation company client for claims relative to exposure of asbestos.
- Favorable representation of loan servicer from claims asserted by borrower through two successful motions to dismiss.
- Favorable representation of national bank from claims asserted by a business whose checks were deposited at the bank allegedly containing unauthorized signatures. The Louisiana Second Circuit Court of Appeal reversed the trial court’s denial of the bank’s peremptory exception of no cause of action finding that the Uniform Commercial Code, as adopted by Louisiana, does not provide a drawer of a negotiable instrument a remedy against a depositary bank where payment is made pursuant to an unauthorized or forged signature. The Second Circuit also held that the Uniform Commercial Code displaced the common law claims asserted against the bank and, consequently, the plaintiff had no cause of action against the bank.
- Obtain summary judgment in favor of banking client regarding all state court claims asserted by various closely held restaurants as a result of a temporary administrative hold placed by the bank on the bank accounts associated with those restaurants as a result of suspected check kiting activity.
- Obtain favorable settlement for shopping center client versus medical care provider client for failure to pay rent.
- Obtain dismissal of all claims asserted against banking client by customer with business account alleging claims as a result of the conversion of negotiable instruments based upon prescription.
- Favorable result for client in contentious partition action in state court, which was affirmed by the Fourth Circuit Court of Appeal, as well as the ultimate sale of the subject property.
- Favorable result for Florida airplane parts manufacturer in dismissing and transferring defect claim for lack of personal jurisdiction.
- Obtain favorable settlement for shopping center client regarding Americans with Disabilities Act claims.
- Favorably enforce lease for shopping center against medical services tenant for obligations thereunder.
- Obtain favorable result for shopping center client with regard to damages of property by third-party.
- Regular representation of financial institutions in executory process proceedings.
- Favorable result for Texas oil company in obtaining a dismissal of lawsuit filed against it in Louisiana for lack of personal jurisdiction.
Transactional/M&A
- Advise superfoods startup client and prepare entity formation documents, distribution agreement for promotion of its products in Japan and China, and consulting agreement for product development with clients and managers of clients.
- Prepare request for propels for a top, global law firm to be engaged for the corporate restructure of client and seeking to maximize shareholder value through the eventual sale or IPO.
- Prepare Memorandum of Understanding for a New York power company with potential joint venturers.
- Prepare management agreement for owner of shopping centers and their manager.
- Assist shopping center client with negotiations and drafting of lease with anchor tenants.
- Prepare correction and termination of lease agreement for shopping center with regional supermarket.
- Advise shopping center client regarding landscaping restrictions on property for beautification of property.
- Assist client in favorable settlement to terminate lease for business which had no longer been profitable as a result of the Coronavirus and damages from hurricane Ida.
- Prepare confidentiality and non-interference agreement regarding foodservice company and its employee.
- Advise marketing and procurement company regarding claims brought in bad faith of patent infringement.
- Advise and prepare national strategic alliance with marketing & procurement client and Canadian marketing and procurement company, share exchange, and affiliate agreements.
- Regularly prepared shareholder agreements for national marketing and procurement company.
- Prepare and advise client with regard to a rescission of contribution agreement for crypto mining holding company.
- Advise client and review and prepare agreements with respect to the financing and acquisition of an interest in a Texas drill manufacturing company.
- Prepare buy-sell agreement for construction company client.
- Advise client and prepare agreements with consultant regarding marketing services in West Africa.
- Prepare asset purchase agreement between foodservice purchasing client and silver supplier.
- Prepare memorandum of understanding for joint venturers with a municipal power company for the provision and purchase of power.
- Prepare joint venture for a crypto mining company lessor and host offering services to crypto minters, as well as lease and service agreement with miners.
- Prepare power purchase agreement, hosting, and service agreement and lease regarding crypto mining joint venture.
- Regularly represent and defend financial institutions relative to claims of lender liability and various duties under the Uniform Commercial Code.
- Regularly advise financial institutions relative to duties under the Louisiana Banking Laws and Uniform Commercial Code.
- Review and advise oil service company regarding master service agreement with pipeline operator.
- Advise financial institution regarding cross-collateralization of collateral in other markets in region for increase of footprint.
- Advise financial institution regarding its obligations for elimination of various branches in Louisiana markets.