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Justin M. Nichols

Of Counsel

Justin has extensive experience in both the litigation and transactional aspects of banking and real estate, defending national and local banks and finance companies in litigation, closing loans, and with the finance, leasing and purchase of real estate.

Justin specializes in financial and real estate litigation, including lender liability and wrongful foreclosure actions, purported violations of federal financial regulatory statutes (FCRA, ECOA, TILA, RESPA and FDCPA), Regulation B claims and disputes arising under the UCC. Justin also practices in the area of intellectual property, defending his client’s trademark and patent rights in federal court and before TTAB and PTAB.

Justin routinely handles complex landlord-tenant and real estate purchase issues, title insurance and underwriter claims, loan enforcement actions, appraisal regulatory complaints, and trademark and patent disputes. He frequently consults with clients on nuanced issues related to their real estate transactions, and advises buyers, sellers and lenders on leases, real estate finance and purchase agreements. Justin is lead counsel for national and regional lending institutions in litigation matters, is regional litigation counsel for national REITs, and has a track record of successfully litigating banking, real estate and intellectual property disputes. He is also a leader in his community, having served as Chairman of the Board of the Shawnee Chamber of Commerce and President for United Community Services of Johnson County.
 
Presentations
  • "Putting the ECOA and Regulation Jigsaw Puzzle Together Webinar, Co-Hosted by Lathrop Gage LLP and Career 1 Source, September 14, 2016 (co-presenter)
  • "The ECOA and the Guarantors – The Implications of the Supreme Court's Decision in Hawkins," May 11, 2016 (co-presenter)
  • "Landlord-Tenant Law in Kansas and Missouri," KCMBA Headquarters, June 2006 (presenter)
Community Involvement
  • Shawnee (KS) Chamber of Commerce, Chairman of the Board, 2013; Board of Directors, 2011-2016
  • Shawnee Economic Development Council Executive Committee, 2012-2013, 2017-2019
  • Shawnee Chamber of Commerce Foundation, Co-Founder, Board Member, Vice President, 2015-2016; President, 2017-2019
  • United Community Services of Johnson County, Board Member, 2015-2019; President, 2018
  • Kansas City Tomorrow, 2015 Graduate
  • Shawnee Tomorrow Leadership Program, 2007 Graduate, 2009 Chair

Banking
  • Obtained affirmance by the United States Supreme Court of litigation team's victories in the 8th Circuit and U.S. District Court for Western District of Missouri that client did not violate the Equal Credit Opportunity Act and Regulation B in lending dispute, because Regulation B impermissibly expands scope of Equal Credit Opportunity Act to include spousal guarantors not covered by plain language of statute. Hawkins v. Community Bank of Raymore, 136 S. Ct. 1072 (2016).
  • Obtained dismissal of putative class action against national equipment lease finance company.
  • Successfully defended claims for violation of the FCRA in federal district court.
  • Lead counsel for both borrowers and lenders on negotiation and documentation of numerous loan transactions ranging from less than $1 million to more than $20 million in size.
  • Obtained summary judgment and dismissal on claims alleging fraudulent inducement to enter into guaranties and mortgages in multiple courts.
  • Successfully defended lender liability claims regarding alleged wrongful foreclosure to dismissal.
Real Estate

  • Successfully argued before Missouri Court of Appeals for affirmance of jury verdict in unlawful detainer case.
  • Successfully defended limitation of liability provision in real estate contract before Missouri Court of Appeals.
  • Obtained victory in Kansas Court of Appeals against claim for implied easement across commercial property.
  • Obtained federal court verdict for return of $1.5 million earnest money deposit and attorney’s fees in litigation over failed real estate transaction.
  • Defended and secured voluntary dismissal of claims against appraiser in bankruptcy adversary proceeding related to alleged mortgage fraud.
  • Successfully tried numerous landlord-tenant cases and post-foreclosure unlawful detainer cases for national real estate companies and banks.
Commercial Litigation

  • Obtained $1 million dollar jury verdict in favor of cattle owner in cattle fraud case.
  • Obtained summary judgment against alleged lost profit claims on behalf of national advertising company.
  • Successfully tried case for breach of contract against regional hotel operator, and successfully defended against counterclaim seeking lost profits at trial of same case.

  • Missouri Lawyers Weekly’s 2016 Up & Coming Class "Law Firm Leader"
  • Ingram’s 40 Under 40 Recipient, 2016
  • Missouri/Kansas Super Lawyers® Rising Stars, 2014-2019
  • Phi Beta Kappa