Lynn D. Preheim

Experience

Lynn has served as outside general counsel for Kansas-based manufacturing companies and healthcare providers. He handles consumer protection issues for a variety of clients, including representing one of the country's largest retailers in connection with a high profile challenge to its advertising practices. He has been the lead in numerous arbitrations, helping clients in several industries successfully resolve disputes cost effectively and in a timely manner. He also serves as a mediator and expert witness.

Representative experience

• In 2017, he tried a case for an energy company client and obtained a favorable fraud and misappropriation of trade secrets verdict for $3.825 million.
• In 2016, Lynn was in trial for more than two months in cases involving alleged misappropriation of trade secrets, water law, insurance coverage and property tax.
• Represented a bankers' bank in a six week jury trial in which the client was accused of misappropriation of trade secrets by a software company. Obtained a defense verdict in the case. Plaintiff originally sought damages of $55 million.
• Represented a hospice provider in a False Claims Act whistleblower suit ultimately prosecuted by the U.S. Department of Justice, in which the government sought tens of millions in Medicare reimbursement.
• Represented a Kansas Groundwater Management District and its hundreds of members in connection with an Intensive Groundwater Use Control Area (IGUCA) proceeding instituted by the Kansas Department of Agriculture.
• Represented a Kansas Groundwater Management District and its members in connection with an impairment complaint filed by the U.S. Department of the Interior and the Quivira National Wildlife Refuge, contending that over 2000 water rights in the Rattlesnake Creek basin were impairing its senior water right.
• Represented a water right holder in a landmark impairment case, which defined "impairment," determined the procedure for prosecuting an impairment claim, and helped shape the application of the prior appropriation doctrine under Kansas law.
• Won a landmark verdict for a fertilizer company at the Kansas Court of Tax Appeals. Argued successfully that the company's process equipment was personal property and should therefore be taxed at a lower rate than real property. The decision, in addition to saving the company over $10 million each year in actual tax payments, clarified the proper classification for property tax purposes of heavy industrial machinery and equipment in Kansas. The decision dictates how this machinery and equipment is to be taxed for every manufacturing or industrial concern throughout the state.
• Represented numerous aviation concerns, including a large aircraft manufacturer. Lynn has successfully defended the manufacturer in airplane crash cases and numerous contract disputes.
• Represented a well-known manufacturer of camping and outdoor products in its product liability litigation nationwide for several product lines.
• Represented a large retailer in connection with a government investigation of its nationwide advertising practices and business model in which the government asserted claims of deceptive advertising, together with violations of the Kansas Consumer Protection Act and other consumer protection laws.
• Won a landmark verdict for a fertilizer company at the Kansas Court of Tax Appeals. Argued successfully that the company's process equipment was personal property and should therefore be taxed at a lower rate than real property. The decision, in addition to saving the company over $10 million each year in actual tax payments, clarified the proper classification for property tax purposes of heavy industrial machinery and equipment in Kansas. The decision dictates how this machinery and equipment is to be taxed for every manufacturing or industrial concern throughout the state.

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