Randy Lehner guides his clients through the process of identifying and defending claims of misrepresentation, mismanagement and/or fraud. He conducts internal investigations that determine responsible parties and the scope of potential liability, as well as devises solutions that best meet each client’s business goals, including negotiated settlement, alternative dispute resolution and litigation options. In addition to regulatory investigations, government enforcement actions and commercial litigation, Randy is also involved in prevention-oriented advice designed to mitigate issues and problems in the future.
Randy has defended against a wide variety of SEC enforcement actions and securities lawsuits pertaining to insider trading, financial statement and quarterly reporting, conflicts of interest, investor disclosures, and misrepresentations in the sale of securities. He has also prosecuted and defended a variety of complex commercial litigation matters, including class actions and claims pertaining to trade secrets and non-competition clauses, breach of fiduciary duty, business torts, breach of contract and insurance coverage. Furthermore, Randy works with his clients to identify the causes of their legal challenges and disputes so that they can identify possible changes to their practices to prevent future investigations and claims.
Randy represents a diverse group of clients including corporations, government agencies, directors, officers and regulated investment professionals across a broad spectrum of industries, such as financial services, consumer products and manufacturing, among many others. Regardless of whether his client is a business, individual or agency, Randy is appreciated for his effective and consistent client communication, perseverance through difficult matters and creative solutions. Randy takes the time to understand how each client wants to receive legal services. He remains focused on delivering thoughtful legal counsel, considered judgement, outstanding results and extraordinary service.
Randy also is committed to identifying ways that in-house legal departments can use existing resources to analyze their companies’ contracts, deals and operations to identify claims that already exist for the recovery of revenue for their companies. Randy has written and spoken on this topic extensively, has worked with clients to implement and execute on these approaches, and communicates regularly with in-house counsel nationwide about their approaches to this topic.
Notably, Randy received the prestigious Burton Award for 2017. Supported by the Library of Congress and Law360, the Burton Award is given to attorneys who have demonstrated great achievements in the law and legal writing.
Coordinated Advice and Referral Program for Legal Services (CARPLS), board of directors, 2007-2009.
Randy is involved with several legal charitable and educational organizations. He also volunteers with the Constitutional Rights Foundation of Chicago to teach second graders about the legal system, rights and the Constitution as part of the “Lawyers in the Classroom Program.”
Regulatory Investigations and Enforcement Actions
Conducts internal investigations on behalf of a receiver for failed banks to determine the facts, identify potential claims, trace funds, and preserve and recover assets.
Defending an investment advisor and its principals in an SEC investigation and administrative proceeding alleging failure to disclose certain information to investors, conflicts of interest and improper expense allocations.
Represented a registered securities issuer against an SEC enforcement action, including the prosecution of an appeal before the full Commission, seeking to revoke registration for alleged violations of periodic reporting requirements.
Defended a former mutual fund portfolio manager in an extended SEC investigation regarding insider trading allegations, and successfully resolved the investigation prior to litigation.
Representing a publicly traded company in an SEC investigation regarding internal control deficiencies and remediation and compliance with executive officer assessment and certifications of those controls under Sarbanes-Oxley.
Representing an investment advisor and its principals in a formal SEC investigation focused on the sufficiency of disclosures to investors in a private placement memorandum and the suitability of investments for the customer.
Successfully concluded numerous mediations and other negotiated settlements on behalf of a federal receiver resulting in the recoveries of over $40 million.
Obtained multi-million dollar recoveries for claims against directors and officers of a failed bank for breach of fiduciary duties and gross negligence in loan transactions.
Prevailed against claims by a bankruptcy trustee against a securities dealer over the recovery of trading commissions and fees, resulting in millions of dollars of savings.
Defeated multi-million dollar claims prior to answering complaints for breach of contract, consumer fraud, lender liability and breach of fiduciary duty in several actions brought by borrowers against financial institutions.
Quickly settled customer claims against a wealth management firm for a small fraction of the alleged damages, which were fully covered through a negotiated resolution with the insurance carrier. The settlement was completed prior to the start of discovery and with no interruption to the client’s business.
Designed a creative strategy to minimize litigation costs by using key evidence from foreign government proceedings in U.S. litigation, resulting in a favorable court judgment.
Pursuing claims against a fidelity bond insurer based on fraud by an officer of a financial institution in connection with the collapse of one of the largest wholesale mortgage lenders.
Defended a financial institution against a claim by a customer of aiding and abetting a Ponzi scheme, and settled the claim for a minimal payment fully covered by insurance.
Obtained a multi-million dollar settlement under a fidelity bond for a financial institution receivership due to an international fraud committed by a former director.
Settled claims for a small fraction of the multi-million dollar claim brought against a commercial real estate developer by a former investor alleging securities fraud and breach of contract.
Successfully defended a steel manufacturer in preliminary injunction hearings initiated by a competitor alleging theft of trade secrets and the solicitation of employees.
Represented an aerospace manufacturer in a significant environmental class action involving over 15 defendants and third-party defendants regarding claims for property damage.
Settled a federal class action prior to class certification for a real estate brokerage firm, resulting in a nominal payment and no subsequent litigation.
Prosecuted a trademark infringement action on behalf of a German communications company against a competitor and former licensee, and prevented the continued infringing use of trademarks worldwide.
Recipient of the “Burton Award” for legal writing, 2017.
Selected as a 2016 Leading Commercial Litigation Lawyer by Law Bulletin Publishing Company.
AV Preeminent® Peer Review Rated – Martindale-Hubbell®.
Named to the Illinois Super Lawyers list, 2015-2018; Illinois Super Lawyers Rising Stars list, 2011.