Gregory N. Heinen is an associate and business litigation lawyer with Foley & Lardner LLP. He is a member of the firm’s Business Litigation & Dispute Resolution and Antitrust Practices. Gregory has broad experience working with clients to confront and resolve issues arising in the course of a variety of commercial litigation matters in state and federal courts around the country at every stage, from filing the complaint through trial and beyond.
Gregory’s areas of focus include contract disputes, real estate matters, antitrust litigation, and product liability litigation. In addition to many commercial disputes, Gregory has experience both conducting internal investigations and providing antitrust-related compliance counseling. Gregory has also represented clients in several appellate matters and has argued before the Seventh Circuit Court of Appeals.
Following law school, Gregory was a summer associate in Foley’s Litigation Department. He also served as a law clerk in the U.S. Attorney’s Office for the Eastern District of Wisconsin, was an intern in Congressman Paul Ryan’s office, and volunteered at the Milwaukee Courthouse Justice Center.
Gregory earned his law degree from the University of Virginia Law School (J.D., 2013), where he was on the managing board for the Journal of Law and Politics. Gregory was also executive vice president of the University of Virginia Chapter of the Federalist Society.
He earned his bachelor’s degree in English from the University of Wisconsin – Milwaukee (B.A., cum laude, 2010).
Admissions and Professional Memberships :
Gregory is admitted to practice in Wisconsin, the U.S. District Court for the Eastern and Western Districts of Wisconsin, and the U.S. Court of Appeals for the Seventh Circuit.
Gregory is also a member of the American Bar Association, the Milwaukee Bar Association, and the Eastern District of Wisconsin Bar Association, as well as a 2018 graduate of the Thomas E. Fairchild American Inn of Court.
Representative Matters :
- Sherman Financial is in the business of acquiring distressed debt, often in the consumer area. Sherman acquired a portfolio of unpaid and charged-off consumer debt from Conn’s, a Texas company engaged in the sale of retail consumer electronics and furniture. Sherman committed to purchase an ongoing “flow” of such charged-off loans for a 12-month period.
- After the loans were received, Sherman noted many issues with Conn’s origination and administration of the loan, which made them far less valuable than represented and which breached specific representations and warranties in the purchase agreement.
- After Sherman informed Conn’s that it would not purchase any additional “flow” and demanded a refund of amounts previously paid, Conn’s filed suit in the plaintiff-friendly United States District Court for the Eastern District of Texas.
- The case involves complex jurisdictional issues and a motion to dismiss for improper venue (filed by Sherman and which Foley argued) remains pending. The case is in its early stages but it appears that Conn’s was in the practice of misrepresenting accounts that it offered for sale in the secondary market.
- Sherman will file a counterclaim and the case might involve counterclaims under RICO. Discovery will close in March 2016 and trial is scheduled for early 2017.
- Residential foreclosure actions frequently involve the assertion of complex affirmative defenses and lender liability counterclaims.
- Andy and his team have represented Wells Fargo, both as an originator and a servicer, in numerous actions, in state courts, federal district courts and federal bankruptcy courts, successfully defeating affirmative defenses and counterclaims asserting lack of standing, lack of holder in due course status, statutory or regulatory violations, irregularities in loan origination and administration, trespass, wrongful foreclosure, promissory estoppel, and defenses based on loan modification procedures under HAMP and HARP, among others.
- Andy and his team have a comprehensive understanding of the residential mortgage markets and the issues affecting the ability of mortgage lenders to realize their collateral efficiently and expeditiously.
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