Chair, Finance and Commercial Law Practice Group
Areas of Practice
Payment Systems, Commercial Finance and Transactions, Bankruptcy/Creditor’s Rights
Representative Experience
Credit Cards and Other Payment Systems
Representation of issuers in the negotiation and documentation of numerous (on average 25-50/year) private-label credit card and co-branded bankcard program agreements relating to retailers, including global and national softgoods retailers, national electronics retailers, national furniture retailers, global oil companies, international auction houses, national home-improvement retailers, auto-parts retailers, sports teams, online travel distributors, health care providers, online retailers, and many other types of retailers
Representation of issuers in the negotiation and documentation of numerous (on average 25-50/year) private-label credit card program agreements involving manufacturer/dealer distribution networks in virtually all applicable industry segments, including power sports, outdoor power equipment, music, furniture, flooring, automotive, after-market auto-parts, home improvement, motor coach, trailer, death care, marine, electronics, motorcycle, security, lawn & garden, major appliance, athletic equipment, among others
Representation of issuers in the negotiation and documentation of numerous co-brand affinity agreements with universities, trade groups, manufacturers and other organizations
Representation of issuers and recipient banks in the negotiation and documentation of numerous agent-bank agreements
Representation of issuers/financial institutions in the negotiation and documentation of transactions involving the outsourcing of manufacturer A/R functionality to such financial institutions
Representation of both sellers and acquirers in account portfolio and other financial asset sale/acquisition, including account portfolio acquisitions in excess of $250 million and account portfolio sales in excess of $500 million
Representation of merchant acquirers and processors in negotiating acquiring processing agreements and related marketing agreements
Creation of forms for major issuers with respect to all of the foregoing for use by their business teams and other attorneys
Commercial Finance/Transactions
Representation of agent bank in connection with $85 million, syndicated, multi-currency, multi-collateral secured working capital facility to Northwest-based operating company
Representation of lenders, borrowers, buyers and sellers in connection with collateralizing obligations relating to secured lending and asset disposition-related financing, including financial assets and intellectual property rights
Financial Restructuring/Bankruptcy
Representation of senior secured lending syndicate in connection with $65 million claim in the chapter 11 case of TreeSource Industries, Inc.
Representation of professional services firm as acquirer in the 363 sale of the assets of Chapter 11 debtor Entranco, Inc.
Representation of secured lender in the 363 sale of the intellectual property assets of Chapter 11 debtor CrossGen Entertainment, Inc.
Preparation of Reasoned Bankruptcy Opinions relating to substantive consolidation and true sale
Prior Experience
Six years in the financial restructuring department of Milbank, Tweed, Hadley & McCloy, Los Angeles Office
Representative Clients
General Electric Capital Corporation (firm client relationship lawyer)
Oaktree Capital Management
Representative Publications and Presentations
Author, "Interest Rate Swaps and the 1990 Amendments To The Bankruptcy Code: A Measure Of Certainty Within Swap Market Contracts," Utah Law Review, 581, Vol. 3 (1991)
Contributing editor, T. Salerno, C. Hansen, and G. Meyer, Advanced Chapter 11 Practice, 2nd Ed. (Wiley 1996)
Lecturer, Bankruptcy and Commercial Transaction Topics
Memberships and Activities
Washington State Bar Association
State Bar of California
Member, American Bankruptcy Institute
Board of Directors, King County Sexual Assault Resource Center
Education
J.D., University of Utah School of Law, 1991
B.A., cum laude, Washington State University, 1982