Jay Thornton is a partner in the Fort Lauderdale office of Lewis Brisbois and a member of the Corporate Practice. Jay has been litigating complex banking, labor & employment, and general commercial litigation matters for 23 years. He has successful first chair jury and non-jury trial experience in the state and federal courts on behalf of numerous institutional clients.

Jay has extensive capabilities across multiple disciplines, including complex banking litigation; class actions; retail bank operations, wire and check processing claims (UCC Art. III and IV); secured and unsecured loan enforcement and other creditor rights disputes; Fair Credit Billing Act and Fair Debt Collection Practices Act claims; real estate litigation, mortgage fraud and title insurance disputes; fraudulent transfer act claims; commercial loan workouts and foreclosures; contract disputes; deceptive and unfair trade practices, right of publicity actions; defamation, civil theft, unlawful interference with business relationships; civil fraud and all other business torts; and the defense of accessibility discrimination claims under Title III of the Americans with Disabilities Act. 

Jay also has deep experience, including successful first chair jury trials experience, in an array of employment litigation matters, including the defense of race, age, gender, sex, pregnancy, religious, and disability discrimination, sexual harassment, hostile work environment, and retaliation charges and claims under Title VII, the Florida Civil Rights Act, the Americans with Disabilities Act, the Family Medical Leave Act, and federal and state "whistle-blower" statutes. Jay likewise has first chair jury trial experience defending employers in wage and hour claims under the Fair Labor Standards Act. Jay has also prosecuted and defended multiple trade secret misappropriation claims and related actions to enforce noncompetition agreements and other restrictive covenants, and has handled many preliminary injunction proceedings for such matters in the state and federal courts on an expedited basis.

Jay has also counselled clients on enforcement and protection of music artist rights, including litigation pertaining to manager/artist fraud, publishing agreements; songwriter agreements; production agreements; management agreements; and recording and distribution agreements.

Media Mentions

Admissions

• State Bar Admissions
  • District of Columbia
  • Florida
• United States District Courts
  • United States District Court for the District of Columbia
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida
  • United States District Court for the Southern District of Florida
• United States Courts of Appeals
  • United States Court of Appeals for the Eleventh Circuit

Education

Emory University School of Law

Juris Doctor, 2000

University of Tennessee

Bachelor of Arts, 1990

Representative Matters

• Represented national association bank in multi-state litigation portfolio of defaulted business credit facilities and related loan enforcement (2016 – 2023).
• Obtained dismissal with prejudice of claim brought by third party against television production company relating to alleged sexual assault by employee (S.D. New York 2023).
• Resolved alleged tortious interference and noncompete breach claims on behalf of national medical device manufacturer (Florida 2023).
• Obtained dismissal with prejudice of fraud claims against national association bank relating to trust account access. Broward County Circuit Court (2018).
• Successfully resolved UCC article III conversion claims brought against national association bank by restaurant chain. Broward County Circuit Court (2018).
• Obtained dismissal in part and successfully resolved remainder of tort claims against national association bank relating to alleged unauthorized account activity. Broward County Circuit Court (2018).
• Successfully resolved UCC article III conversion claims brought against national association bank by import/export company. Broward County Circuit Court (2018).
• Obtained dismissal of claims against national association bank over an allegedly unauthorized wire transfer. Broward County Circuit Court (2018).
• Obtained dismissal with prejudice of claim seeking recovery of escrowed funds in connection with failed real property purchase. Miami-Dade Circuit Court (2018).
• Successfully defended appeal of trial court final judgment in favor of national association bank with respect toa credit facility default. Florida Fourth District Court of Appeal (2017).
• Prevailed in AAA arbitration claims on behalf of national association bank regarding misdirected wire, and obtained significant attorneys’ fee award in favor of bank. American Arbitration Association; Broward County Circuit Court (2017).
• Successfully defended trial court dispositive order in favor of national association bank, as against multiple claims brought by receiver of dissolved Virginia title insurance corporation. Miami-Dade Circuit Court; U.S. District Court, Southern District of Florida; 11th Circuit Court of Appeal (2016 – 2017).
• Successfully resolved slander of title and quiet title actions against national association bank. Miami-Dade County Circuit Court (2017).
• Obtained final summary judgment in favor of national association bank’s claims and against counterclaims, and enforcing bank’s security interest on business credit facility. Broward County Circuit Court (2017).
• Defeated class certification and obtained summary judgment in favor of national association bank in claims brought by purported class of creditors of large bank customer whose commercial account was properly swept by bank to offset unpaid credit facility. Miami-Dade County Circuit Court, Complex Business Court (2016).
• Obtained dismissal with prejudice of UCC article III conversion claims brought against national association bank by property management company. Miami-Dade County Circuit Court (2016).
• Obtained arbitration award in favor of national association bank with respect to misdirected wire transfer (2016). American Arbitration Association; Broward County Circuit Court (2016).
• Successfully resolved UCC unauthorized check claim against national association bank. U.S. District Court, Northern District of Florida (2016).
• Member of multi-firm team that successfully resolved significant fraudulent transfer claims brought by court-appointed receiver against national association bank. U.S. District Court, Southern District of Florida (2016).
• Obtained dismissal with prejudice of tort claims brought against national association bank by property management corporation. Lee County Circuit Court (2015).
• Obtained favorable jury trial verdict in civil rights claim against national association bank. U.S. District Court, Southern District of Florida (2015).
• Obtained final summary judgment order in favor of national association bank, as against UCC article III conversion claims. U.S. District Court, Southern District of Florida (2014).
• Obtained dispositive order on behalf of national association bank enjoining plaintiff from using bank’s logo trademark without authorization in connection with collection activities on purchased bad debt. U.S. District Court, Middle District of Florida (2015).
• Obtained order striking and dismissing with prejudice an $11 million dollar contract and fraud claims against national association bank after establishing that the claims were based on forged instruments; and thereafter obtained nearly half a million-dollar sanctions order in favor of the bank and against Plaintiff. U.S. District Court, Southern District of Florida (2014).
• Resolved significant tort claims brought against national association bank by creditor who claimed to have relied on general good standing letter in loaning funds to bank customer. U.S. District Court, Southern District of Florida (2014).
• Obtained final summary judgment in favor of national association bank in UCC article III claim brought by construction company. U.S. District Court, Southern District of Florida (2014).
• Obtained dismissal of individual claims and conversion claims against national association bank. U.S. District Court, Southern District of Florida (2014).
• Obtained preliminary injunction precluding executive of insurance line of business of national association bank from misappropriating trade secrets and violating noncompete agreement. U.S. District Court, Southern District of Florida (2013).
• Successfully resolved multiple tort claims brought by major title insurance carrier against national association bank whose employee was charged as an alleged conspirator to a massive title insurance fraud scheme. U.S. District Court, Southern District of Florida (2013).
• Obtained dismissal with prejudice of commercial collection practices act claims against national association bank. U.S. District Court, Southern District of Florida (2013).
• Obtained dismissal with prejudice of common law negligence claims against national association bank on UCC article III preemption grounds. U.S. District Court, Southern District of Florida (2013).
• Obtained order dismissing complaint against national association bank for damages and injunctive relief with prejudice, based on plain language of asset purchase agreement. U.S. District Court, Southern District of Florida (2013).
• Resolved subrogation and other tort claims in excess of $15 million brought against national association bank by a title insurance company, relating to an alleged title insurance fraud. U.S. District Court, Southern District of Florida (2013).
• Resolved federal lawsuit against national association bank that challenged bank’s automated check processing and signature verification methods. U.S. District Court, Southern District of Florida (2011).
• Obtained order striking tort claims as a sham and dismissing action with prejudice, on behalf of one of the largest Internet-related services and products companies in the world. Orange County Circuit Court (2011).
• Resolved trade secret and noncompete injunction action involving high level sales employee of insurance services division of large national association bank. U.S. District Court, Southern District of Florida (2012).
• Obtained federal jury verdict on behalf of multinational restaurant corporation, on multiple wage and hour claims brought under the Fair Labor Standards Act, subsequent to a partial summary judgment order in client’s favor on section 203(m) tip credit claims. U.S. District Court, Southern District of Florida (2010).
• Obtained preliminary injunction for national credit union following full evidentiary hearing, protecting and requiring defendant to surrender documents containing client’s trade secrets and the confidential financial information of scores of third-party bank customers. U.S. Bankruptcy Court, Middle District of Florida (2008).
• Received preliminary emergency injunction freezing millions in assets belonging to multiple Grammy and BMI award-winning songwriter and producer, which assets were alleged to have been diverted by artist’s manager; artist, who had survived a murder attempt, alleged that his former manager and others were behind the attempt and had conspired to take control of and divert artist’s money and other real and intellectual property, including artist’s vast music catalog and a state-of-the-art Miami recording studio. Miami-Dade Circuit Court (2008).
• Obtained final summary judgment in client's favor on breach of promissory note claim, which corporate health care client brought against its former CEO. U.S. District Court, Southern District of Florida (2006).
• Obtained order striking right of publicity action as a sham and dismissing action with prejudice following evidentiary hearing, on behalf of one of the largest Internet search and marketing companies in the world. Miami-Dade Circuit Court (2008).
• Received favorable jury verdict (first chair) on breach of employment contract, equitable contribution, contribution, breach of note and security agreement claims relating to disputed dissolution of LLC. Miami-Dade Circuit Court (2005).
• Received verdict in client’s favor after bench trial (second chair) in action in inverse condemnation and breach of contract claims against Broward County, Florida, which derived from security measures implemented by the county in and around Port Everglades following the 9/11 terrorist attacks. Broward County Circuit Court (2005).
• Obtained final summary judgment in client’s favor in breach of employment contract and fraud claims filed by former CEO of publicly traded health corporation, and an order sanctioning the plaintiff for filing an unfounded claim. Volusia County Circuit Court (2008).
• Obtained final summary judgment in favor of internationally known electronics manufacturer on former employee’s breach of contract claim, an order domesticating international arbitration award in favor of client and against same former employee, an order imposing Rule 11 sanctions against former employee, an injunction preventing former employee from contacting harassing company executives, and an order holding former employee in civil contempt. U.S. District Court, Southern District of Florida (2006).
• Obtained order dismissing with prejudice claims filed by pilot against national airline on grounds that claim was preempted by the federal Railway Labor Act, 2007. U.S. District Court, Middle District of Florida (2007).
• Obtained order on behalf of international Internet search and advertising company dismissing with prejudice misappropriation lawsuit as a sham following full evidentiary hearing. Miami-Dade Circuit Court (2007).
• Obtained preliminary injunction on behalf of international publishing corporation, enforcing noncompete agreement against former advertising sales employee and the former employee’s new employer. Palm Beach County Circuit Court (2007).
• Obtained preliminary injunction on behalf of international publishing corporation, enforcing noncompete agreement against former advertising sales employee. Palm Beach County Circuit Court (2006).
• (Pro bono) Received order vacating a 10-year-old felony narcotics trafficking conviction that was based on an involuntary plea. The conviction was the predicate to an effort by the United States to deport an elderly grandmother of 13 children. The order vacating the conviction ultimately resulted in the dismissal with prejudice of deportation proceedings against the client. Broward County Circuit Court (2006).