Lyle D. Washowich
A Member of Burns White and Co-Chair of the firm’s Banking and Financial Services and Cybersecurity Practice Groups, Lyle D. Washowich focuses his practice in the areas of civil, commercial, and complex litigation for a diverse clientele from the financial services, business, and manufacturing sectors.
In financial services litigation, Mr. Washowich has represented national banks, federal and state savings associations, state-chartered banks, community banks, and other affiliated entities, as well as investment services firms and investment advisors, in federal/state court litigation and in private venues. He has handled alleged breaches of contract, disputes among partnerships and other business interests, alleged breaches of fiduciary duties, alleged conspiracy claims, claims brought pursuant to the Uniform Commercial Code (UCC), and other types of statutory and common law claims. These include single plaintiff and putative class action cases, along with initiating and defending emergency motions for injunctions and temporary restraining orders.
Moreover, Mr. Washowich’s commercial and civil litigation practice includes representation of large, midsized, and small business clients. These cases often involve contract disputes, controversies arising out of strained business relationships, and allegations resulting from business torts and accident and bodily injury. These cases have included claims for professional malpractice, products liability, breaches of agreement, business ventures gone awry and others. Mr. Washowich also performs analyses of indemnity, defense, coverage and related obligations for a series of insurance and oil/gas clients. Additionally, he handles litigation and insurance-related matters, and advises clients in the cybersecurity arena.
As a result of Mr. Washowich’s experience handling litigation claims, he was selected as one of 30 Pennsylvania “Lawyers on the Fast Track” by The Legal Intelligencer and Pennsylvania Law Weekly publications in 2010.
Areas of Law
- Financial Institution Litigation
- Commercial Litigation
- Class Action Litigation
- Cybersecurity Liability
- Energy Litigation
- Professional Liability Litigation
- Products Liability & Toxic Tort Litigation
- Business Law
- Northwestern University (J.D., 1999, associate editor of the Law Review)
- Allegheny College (B.A., summa cum laude, Phi Beta Kappa, 1996)
Bar and Court Admissions
- United States Supreme Court
- United States Court of Appeals for the Third Circuit
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- Pennsylvania Association of Community Bankers
- Pennsylvania Bankers Association
- Allegheny County Bar Association
- Pennsylvania Bar Association
- Successfully defended and secured a summary judgment for a national bank on claims of alleged aiding and abetting a breach of fiduciary duty, civil conspiracy, breach of implied covenant of good faith and fair dealing, and fraud in the inducement for a commercial real estate and partnership dispute on notes in excess of $20 million.
- Successfully brought a preliminary injunction and temporary restraining order for a community bank against investment advisor.
- Obtained case dismissals and favorably settled claims for a national bank on several matters under the Uniform Commercial Code (UCC) regarding alleged conversion of instruments.
- Successfully obtained a dismissal for a national bank on claims of improper repossession of property.
- Successfully defended, prosecuted and settled claims for and against a manufacturing business concerning alleged breaches of supply agreement with a Fortune 100 company.
- Successfully defended a preliminary injunction motion and temporary restraining order in a putative class action brought against software company.
- Successfully defended and received favorable settlement for an internet services provider facing defamation claims.
- Negotiated a favorable settlement for a real estate services firm regarding an alleged breach of an employee’s non-compete and non-solicitation agreement.
- Obtained a favorable settlement for a diving manufacturer against alleged wrongful death and other tort-related claims.
- Obtained dismissal or favorable settlements for several law firms regarding claims of legal malpractice, breach of contract and breach of fiduciary duty obligations.
- Reviewed, analyzed and provided assessments for indemnity and defense-related coverage for a series of insurance and oil/gas clients.
- Successfully represented a franchisee in negotiations with a franchisor regarding alleged violations of franchise agreements.
- Obtained a favorable settlement for a medical device supplier in a dispute with competitor.
- Successfully negotiated a favorable settlement for a community bank on an alleged claim of forgery on collateral instruments.
- Successfully settled a threatened litigation claim for a financial institution on alleged wrongful conversion of property.
- Successfully defended ERISA claims against an accounting firm for purported failure to properly supervise a client’s account.
- Negotiated a successful settlement after prosecuting a claim for a manufacturing client where a customer failed to pay for products provided.
- Secured a successful settlement for an association management firm on contract and tort claims with a homeowners association.
- Secured a successful settlement for a financial institution on claims of alleged noncompliance with certain aspects of the Americans with Disabilities Act.
- Successfully settled a putative class action lawsuit filed against a medical services provider on claims of alleged noncompliance with certain aspects of the Americans with Disabilities Act.
- Successfully settled claims of fraudulent endorsement, unauthorized signature and alleged misuse of a customer’s property for a national bank client.
- Successfully settled claims of alleged breaches of agreement with a supplier/vendor for an engineering and manufacturing client.
- Successfully settled claims against a national bank for alleged malicious prosecution, false arrest, vicarious liability, negligence and intentional infliction of emotional distress.
- Successfully settled claims for a national bank of unfair and deceptive trade practices made on a customer’s account.
- Successfully secured dismissal for a former corporate officer on alleged claims of breach of fiduciary duty arising prior to and allegedly after insolvency of parent company.
- Successfully settled claims of alleged malpractice in preparation and advisement for sale of a business and the preparation of related tax returns for an accounting firm.
- Successfully secured a dismissal for a national bank facing claims of alleged improper termination of a customer’s private line of credit.
- Successfully achieved dismissal of claims brought under the Unfair Trade Practices and Consumer Protection Law seeking assignee liability from a national bank in its alleged role in persuading a consumer to purchase a new vehicle.
- Successfully settled claim for a national bank client alleging several common law tort-based claims for the improper taking of client funds.
- Obtained dismissal on motion to dismiss for a national bank on claims of an alleged breach of contract under a Totten Trust instrument.
- Defended a national bank in response to third-party subpoena to attend and testify.
- Assisting special master and arbitrator in resolving complex financial and alleged class action cases.
- Defending significant manufacturing client on claims of breach of contract and fraud regarding disputed property with landowner.
- Prosecuting claims for a national bank against an insurer and a broker regarding payments due under BOLI policies.
- Defending a community bank against purported claims of fraudulent endorsement on various national and international allegedly fraudulent checks.
- Defending a bank client and its corporate parent against various UCC, state common law and state-based consumer protection law statutory causes of action for alleged improper notices of repossession, notices of deficiency and related consumer claims.
- Defending a national bank on claims alleging statutory fraudulent transfer of funds.
- To mitigate risk of loss, performing cybersecurity and related indemnity analysis and evaluation for banking client.
- Defending a national bank client on alleged claims of missing contents from a customer’s safety deposit box.
- Defending a national bank against claims for the purported improper escheatment of customer funds.
- Defending a law firm and its attorney against claims of alleged professional negligence and breach of contact.
- Defending an accounting firm and its accountant against claims of alleged breach of fidicuary duty and fraud.
- Prosecuting a claim for a technology client for a breach of contract as a vendor.
- Selected for inclusion on the 2006 Pennsylvania Super Lawyers® “Rising Stars” list
- Selected as one of 30 “Lawyers on the Fast Track” in 2010 by The Legal Intelligencer and Pennsylvania Law Weekly publications
- Inducted as Allegheny County Bar Foundation Fellow, Class of 2016
- Cybersecurity for Business and Industry: A Necessary Framework for Action, The Legal Intelligencer’s In-House Counsel Seminar, Sept. 2015
- Cybersecurity in Financial Institutions: A Necessary Framework for Action, Pennsylvania Association of Community Bankers Annual Convention, Sept. 2014
- Suspicious Activity Reports: Deciding When a Good Faith Suspicion is Good Enough, Pennsylvania Association of Community Bankers Annual Convention, Sept. 2013
- “Suspicious Activity Reports: Deciding When A Good Faith Suspicion Is Good Enough,” Transactions, July 2013
- “Suspicious Activity Reports: Deciding When a Good Faith Suspicion Is Good Enough,” paBanker, November-December 2012
- “Identifying Opportunities for Community Banks through Syndicated Loans and Loan Participations,” Transactions, December 2012
- “Women in the Law Division establishes Professional Development Committee, creates roundtable series,” ACBA Lawyers Journal, January 1, 2010
- “U.S. Supreme Court preserves jurisdictional parity between national banks and state-chartered institutions,” Client Bulletin, January 20, 2006
- “National banks beware: Your branches may carry greater risk than you realize,” The Banking Law Journal, July/August 2005
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