Paul Vink

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Paul Vink is chair of the firm’s Litigation Group, assisting clients in complex business and commercial litigation matters in state and federal courts and arbitration. Paul has broad experience in disputes involving breach of contract, fraud, breach of fiduciary duty, partnership disputes, shareholder actions, director and officer liability claims, defense of class actions, products liability, aviation, and real estate litigation. In addition, Paul has extensive experience in securities-related matters, including regulatory proceedings, enforcement actions, FINRA arbitrations involving registered representatives or broker-dealers, or litigation or arbitration involving registered investment advisors (RIAs and IARs). Although Paul employs a practical approach to resolve cases before trial when appropriate, he has extensive trial experience and has handled numerous bench and jury trials, as well as arbitrations. Paul also is a member of the Appellate Group, successfully handling numerous appeals before the Indiana Court of Appeals and Indiana Supreme Court.

Representative Litigation Matters:

• Represented outside directors of publicly traded company in fiduciary duty claims brought by Creditors’ Committee;
• Represented directors and officers of bankrupt company in fiduciary duty litigation;
• Represented large aerospace company in product liability helicopter litigation;
• Represented majority LLC member in derivative suit and freeze out claim by minority member;
• Represented outside directors of an insolvent insurance company against breach of fiduciary duty claims;
• Represented national conglomerate in defense of class action for RICO, breach of contract and tortious interference claims;
• Represented a publicly traded company in the successful defense of a shareholder class action challenging merger plans;
• Represented directors of a company sued for violating fiduciary duties in a shareholder derivative action;
• Represented a large hospital in a multi-million dollar claim for breach of fiduciary duty and breach of contract against a physician group member of a limited liability company formed as part of a joint venture;
• Represented a municipality in the dismissal of a $362 million dollar breach of contract claim;
• Represented a municipality in defense of an ordinance regulating the withdrawal of groundwater pursuant to a municipality’s powers under the Indiana Home Rule Act, including oral argument before the Indiana Court of Appeals and Indiana Supreme Court (to view the oral argument in the Indiana Supreme Court, click here);
• Represented a municipality in defense of a comprehensive mining ordinance enacted pursuant to municipal authority under the Indiana Home Rule Act, including oral argument before the Indiana Court of Appeals and Indiana Supreme Court (to view the oral argument in the Indiana Supreme Court, click here);
• Represented a multi-national corporation in obtaining the dismissal of fraud, fraudulent transfer, conversion, and federal and state racketeering claims presenting potential exposure in excess of $50 million;
• Represented a developer in a six-day jury trial seeking damages for breach of contract against a municipality for failing to provide sewer service required by a contract;
• Represented a purchaser of defective packaging equipment against the seller asserting breach of express and implied warranties and breach of contract.

Representative Securities-Related Matters:

• Represented a broker-dealer in claims that a registered representative violated protocol and contractual obligations;
• Represented a Chapter 7 Trustee as special counsel on securities matters, including liquidation of interests;
• Represented a registered investment advisor regarding the sale of alternative investments;
• Represented a registered representative in fraud, breach of fiduciary duty, and partnership claims in a FINRA arbitration;
• Represented a broker-dealer and investment advisor against suitability and fraud claims in a FINRA arbitration;
• Represented two registered representatives in a FINRA arbitration brought by their former employer for breach of contract;
• Represented several parties in FINRA enforcement proceedings for alleged violations of FINRA or SEC regulations;
• Represented a broker-dealer in federal court litigation and threatened arbitration involving the sale of non-traditional securities;
• Represented claimants in FINRA arbitration for Know Your Customer claims and failure to safeguard assets;
• Represented a registered investment advisor against allegations of breach of fiduciary duty, fraud, securities fraud, and negligence from the sale of non-traditional notes;
• Represented a registered representative in successful expungement proceedings regarding his CRD report.

Representative Appellate Matters:

• City of Washington v. Daviess Cty. Rural Water Sys., Inc., No. 14A01-1702-PL-316, 2017 WL 6503893 (Ind. Ct. App. Dec. 20, 2017) (transfer denied after oral argument);
• Watson Water Co., Inc. v. Indiana-Am. Water Co., Inc., 85 N.E.3d 840 (Ind. Ct. App. 2017) (transfer denied);
• Branham Corp. v. Newland Resources, LLC et. al., 17 N.E.3d 979 (Ind. Ct. App. 2014);
• The Town of Avon v. West Central Conservancy District, et. al., 957 N.E.2d 598 (Ind. 2011);
• The Town of Avon v. West Central Conservancy District, et. al., 937 N.E.2d 366 (Ind. Ct. App. 2010) (transfer granted);
• Tru-Cal, Inc. v. Conrad Kacsik Instrument Systems, Inc., 905 N.E.2d 40 (Ind. Ct. App. 2009);
• City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008);
• LHT Capital, LLC v. Indiana Horse Racing Commission, 891 N.E.2d 646 (Ind. Ct. App. 2008);
• Lauth Indiana Resort & Casino, LLC v. Lost River Development, LLC, 889 N.E.2d 915 (Ind. Ct. App. 2008);
• GPI at Danville Crossing, LP v. West Central Conservancy District, 867 N.E.2d 645 (Ind. Ct. App. 2007) (transfer denied);
• City of Carmel v. Martin Marietta Materials, Inc., 849 N.E.2d 1197 (Ind. Ct. App. 2006) (transfer granted);
• Metro. Dev. Comm’n of Marion County v. Pinnacle Media, LLC, 846 N.E.2d 654 (Ind. 2006) (on rehearing);
• Metro. Dev. Comm’n of Marion County v. Pinnacle Media, LLC, 836 N.E.2d 422 (Ind. 2005) (rehearing granted);
• Metro. Dev. Comm’n of Marion County v. Pinnacle Media, LLC, 811 N.E.2d 404 (Ind. Ct. App. 2004);
• Wilson v. Lincoln Fed. Sav. Bank, 790 N.E.2d 1042 (Ind. Ct. App. 2003);
• Van Vactor Farms, Inc. v. Marshall County Plan Comm’n, 793 N.E.2d 1136 (Ind. Ct. App. 2003);
• Johnson v. Heritage Lake Property Owners Assoc., 67A01-0506-CV-00276 (Ind. Ct. App. 2006) (unpublished opinion);
• Indiana Dept. of Ins. v. Employer’s Protective Ins. Co., 49A05-0208-CV-403 (Ind. Ct. App. 2004) (participating as amici curiae) (unpublished opinion).

In the majority of these cases, Mr. Vink represented these clients in the trial court as well.