Emily E. Cantwell

Business, Financial Institution and Real Estate Litigation

In her representation of businesses, financial institutions and real estate companies, Emily handles all aspects of complex commercial litigation. She has:     

• Engaged in all parts of the civil litigation process, including the pleading stage, discovery, motion practice, dispositive motion filing and trial
• Obtained a directed verdict following a three-day bench trial on behalf of all defendants in a legal malpractice action
• Led and settled several large-scale litigation matters and has obtained judgments in favor of a leading St. Louis-based real estate development and management group
• Settled litigation in favor of an international crop nutrition agricultural client in matters alleging breach of contract, declaratory judgment, and fraudulent transfer
• Secured summary judgment for a multi-claim lawsuit on behalf of a franchisor client after three years of litigation
• Secured a favorable verdict following a jury trial in favor of a financial services client for breach of contract and related equitable causes of action

Receiverships

Emily has handled multiple receiverships for clients, ranging from small commercial properties to expansive multi-unit residential buildings as well as Cannabis-related entities, hotels and other related commercial properties. Serving as counsel for both lending institutions and receivers, Emily is well versed in the requirements and issues surrounding this unique remedy available to her clients. In her experience within this industry, she has:

• Secured the appointment of a receiver on behalf of lender-based clients in the commercial real estate space
• Provided legal guidance to appointed receivers on maneuvering and managing the numerous requirements of receivers
• Assisted in the management, preservation, and disposition of assets under receivership
• Resolves disputes between creditors, stakeholders, and other interested parties while working to maximize the recovery of debts owed to creditors

Consumer Protection Defense

Emily counsels and defends businesses in high-stakes litigation under the Missouri Merchandising Practices Act, Missouri’s main consumer protection statute. Her focus is on enforcement actions brought by the Missouri Attorney General’s Office and on high-profile MMPA claims that attract significant public and media attention. The Attorney General has used the MMPA more and more aggressively, with recent actions covering illegal gambling devices in retail stores, cryptocurrency kiosks and a broad range of other business practices. In this environment, Emily has become a trusted advisor to companies facing government scrutiny over their dealings with consumers.

Cases brought by a government agency under the MMPA tend to be highly publicized and complex. They often take years to resolve and can touch nearly every industry. Emily’s clients range from Fortune 500 retailers to small, locally owned businesses, and all of them deal directly with the public every day. Clients rely on Emily to handle the legal risk and the reputational pressure that come with these cases. Her experience includes:

• Serving as co-lead trial counsel for a national retailer in an action brought by the Missouri Attorney General’s Office and the Missouri Department of Agriculture alleging MMPA violations arising from price verification errors. She has handled all motion practice, discovery and extensive pre-trial proceedings. She also successfully opposed writs filed by the Attorney General in both the appellate court and the Missouri Supreme Court, each of which was denied.
• Defending businesses in Attorney General enforcement actions over electronic gaming machines, a top enforcement priority for the office, which continues to pursue operators, manufacturers and retail stores.
• Defending individual MMPA claims and advising clients on how to manage exposure as consumer protection filings increase across Missouri.

Employment Law

Through her practice, Emily assists entities in navigating the employment law process, from the administrative level up to and including litigation. She also helps to conduct investigations of employee complaints. Emily assists clients with the defense of matters alleging:

• Discrimination
• Harassment
• Hostile work environment
• Noncompete
• Retaliation
• Wrongful termination

Recently, a federal judge in the Eastern District of Missouri granted a motion to dismiss slander claims brought against a client in a case alleging a hostile work environment, extracting the client from the case in its initial stages.

Since 2019, Emily has served as co-chair of the firm’s Women’s Initiative Network and on its Diversity and Inclusion Committee. Prior to joining Lathrop GPM, Emily was a congressional intern in the U.S. House of Representatives, a communications intern for a non-profit organization, and a teaching assistant and faculty fellow at Saint Louis University and its School of Law.