Associated Grocers Inc.
Represent former large wholesale grocery distributer in wind down and liquidation of business. (Ongoing)
Banner Bank v. Mid-Mountain Machinery, Inc. et al.
Representing secured lender in state and bankruptcy courts relative to distressed construction leasing equipment company. (Ongoing)
Construction and term loans for national financial institution
Represent national financial institution in hundreds of construction and term loans on wide variety of commercial properties throughout the U.S., including hotels, office buildings, retail projects, assisted living facilities, hospitals, apartment buildings, tax credit and tax-exempt affordable housing projects, and condominium projects. (1996-present)
Consumer protection, marketing, and privacy, and anti-money laundering
Counseling clients on web and mobile payment regulatory compliance matters, including FFIEC compliance, the Fair Credit Reporting Act, the Gramm-Leach-Bliley-Act, the Fair Debt Collection Practices Act, federal and state money transmitter laws, UDAAP, and the Bank Secrecy Act. (Ongoing)
Credit card program agreements, processing agreements and affinity programs for U.S. credit card issuers, processors, acquirers and retailers
Represent multiple U.S. credit card issuers in connection with cobranded card agreements with airline, big box and specialty retailers and related affinity/loyalty programs and private label credit card programs; represent processors, acquirers and retailers in connection with transaction processing agreements. (Ongoing)
Estate planning for multiple clients
Estate planning in conjunction with asset protection. (Ongoing)
Estate planning for multiple clients
Multigenerational planning involving generation-skipping transfer tax and dynasty trusts. (Ongoing)
Estate planning for principals of public and private companies
Strategic estate planning for founders, owners, officers and shareholders of public and private companies in connection with liquidity events, IPO, acquisitions. (Ongoing)
First Franklin Financial Corp. v. various mortgage brokers/bankers
Defense of mortgage bankers and mortgage brokers in numerous cases involving sub-prime loans filed by First Franklin asserting claims for loan repurchase, loan loss indemnification and professional negligence. BC358562 and 1-06-cv-069771 (L.A. Cnty. (Cal.) Super. Ct., Santa Clara Cnty. (Cal.) Super. Ct. Ongoing)
Frank Russell Company patent prosecution
Prepare and prosecute business method patent applications directed toward innovations in the financial services industry. (Ongoing)
Horizons Development receivership
Representing receiver relative to significant project in Whatcom Cty. (Ongoing)
In re AmericanWest Bancorp
Represent Starbuck Bancshares in Chapter 11 proceedings of AmericanWest Bancorp, including acquisition of AmericanWest Bank in Section 363 sale. (Ongoing)
In re AMR Corp.
Represent Alaska Airlines Inc. in Chapter 11 bankruptcy proceedings of American Airlines. (Ongoing)
IndyMac Bank F.S.B. v. various mortgage brokers/bankers
Defense of mortgage bankers and mortgage brokers in more than 40 separate cases involving sub-prime loans filed by IndyMac Bank and the FDIC asserting claims for loan repurchase, loan loss indemnification and professional negligence. These claims have included purported breaches of various representations and warranties and involved a variety of defenses including the applicability and enforceability of IndyMac's Seller/Lending Guide. (L.A. Cnty. (Cal.) Super. Ct., C.D. Cal. Ongoing)
Loan documentation for national financial institution
Represent national financial institution in structuring program-level loan documentation and procedures for various types of national lending programs. (1997-present) Read more
Negotiation and preparation of credit agreements for Bank of America
Represents client in the negotiation and preparation of commercial loan documentation including secured and unsecured credit agreements, single lender and syndicated credit agreements with variable interest rates. (Ongoing)
Payment network rules compliance
Advising clients, including acquirer-processors, issuers and merchants, on payment network rules and regulations, including card acceptance, rules enforcement, and other network obligations and liabilities. (Ongoing)
Philanthropy structuring for multiple clients
Providing various clients with skilled structuring of major and significant donor gifts. (Ongoing)
Prepaid and gift card regulatory compliance
Counseling financial services clients on federal and state compliance issues related to loyalty and rewards programs and marketing collateral for payment-related consumer offerings. (Ongoing)
Real estate finance for Citibank
Drafting financing documents for borrowers acquiring mobile home parks, apartments and small office buildings. (Ongoing)
Representation of financial institution in state court lawsuit and workout with grass seed farmer
Represented a financial institution with respect to delinquent obligations totaling eight-figures, owed by a grass seed farmer. Filed a foreclosure lawsuit in state court and obtained provisional process attaching the collateral. Negotiated a workout, which has resulted in full payment of the largest obligation; refinancing of the remaining obligations is pending. (Ongoing)
Single-plaintiff employment defense litigation for Bank of America N.A., Bank of America Home Loans, Merrill Lynch, Kaiser Permanente, and Stewart Enterprises
Represent large organizations in defending single-plaintiff employment matters—before and after the filing of a lawsuit—in the areas of discrimination, wrongful termination, retaliation, wage and hour, and breach of contract. (Ongoing)
Venture capital investment transactions
Represent non-bank affiliates of U.S. financial institutions in private equity investments in payment and loyalty innovators. (Ongoing)
FDIC v. various mortgage bankers
Defense of mortgage bankers in several cases involving sub-prime loans filed by the FDIC (as successor to IndyMac Bank) asserting claims based on purported breaches of various representations and warranties and involving a variety of defenses including the applicability and enforceability of IndyMac's Seller/Lending Guide. (2014)
Information technology outsourcing for financial services company*
Advised on a domestic information technology outsourcing agreement in excess of $100 million regarding enterprise-wide financial reporting services for an international pension fund. (2014)
505 Broadway receivership (Union Bank v. 505 Broadway Associates, LLC)
Represented general receiver relative to significant mixed use project in Tacoma, Wash. Achieved sale of all 24 units subject to receivership (22 residential and 2 commercial) and discharge of receiver. (2012)
Banner Bank v. First Community Bank
Represented secured lender in federal lawsuit involving UCC Article 9 rights in commercial propane tanks. Obtained summary judgment in favor of client. (2012)
Burien Town Square project
Represented client with respect to ownership significant condominium project in Burien, Wash. Successfully resolved dozens of claims for return of earnest money deposit through settlement, mediation, and litigation. (2012)
Creditor representation in Chapter 11 proceedings for Tri Cities Fast Lube
Represented franchisor and lender in Chapter 11 reorganization of Tri Cities Fast Lube, Santa Barbara, Calif. (2012)
Firestone v. Judge et al.
Represented mortgagee in adverse possession lawsuit. Obtained stipulated dismissal on favorable terms. (2012)
GE Comm’l Fin. Bus. Prop. Corp. v. Huey & Fong; In re Huey & Fong Trust; In re Kenneth Huey Family Trust, In re Huey & Fong
Defended servicing company of national finance company in bankruptcy dispute and related adversary proceedings and lawsuits. Obtained dismissal of bankruptcy cases within two months of filing; defended client in multiple litigation and adversary proceedings; negotiated recovery of all collateral and proceeds. (Bankr. W.D. Wash. 2009-2012)
Meadowdale Plaza borrowers
Represented major financial institution in connection with receivership, non-judicial foreclosure and subsequent bankruptcy proceedings by borrowers. (2012)
Mullen v. American Express Bank et al. (In re Zounds)
Represented manufacturer in bankruptcy preference action. Obtained favorable settlement. (2012)
Banner Bank v. 25th and Yakima LLC
Commercial credit recovery related to multi-use building in Tacoma. (2011)
Cantor Fitzgerald Securities v. Port Authority
Co-lead counsel for the Plaintiffs' Steering Committee in negligence litigation arising out of the 1993 bombing of the World Trade Center. Represented Cantor Fitzgerald in seeking damages for its business interruption losses in jury trial on liability issues, and in appellate courts. (N.Y. Sup. Ct., App. Div., Ct. App. 1997-2011)
Construction loan for agent bank
Represented agent bank in $117 million construction loan for office building on headquarters campus of Fortune 100 company. (2011)
Gossen v. JPMorgan Chase Bank
Obtained dismissal of TILA and RESPA claims stemming from loan origination based on FDIC Purchase and Assumption Agreement and federal holder-in-due course status. Likewise obtained dismissal of 14 separate post-foreclosure claims allegedly stemming from the Deed of Trust Act (RCW 61.24) as waived by the foreclosure sale or otherwise meritless. __F. Supp.2d__2011 WL 4939828 (W.D. Wash., 2011)
In re Columbia Mega Storage
Represented City National Bank in contested hearings to recover commercial warehouse facilities and subsequent foreclosure. (Bankr. W.D. Wash. 2011)
Internet payment systems
Regularly acts for online merchants to handle commercial agreements with internet payment processors and credit card companies for internet business in China and worldwide. (2010-2011)
Represented purchaser in distressed acquisition of deep ocean exploration vessel. (2011)
Pierce Cty. v. Malmquist et al.
Represented mortgagee in condemnation action effecting borrower's real property. (2011)
Regulatory advice for major card issuers
Representation of major card issuers in connection with implications of Dodd-Frank financial reform. (2011)
Advised a design/build consortium from Mainland China on the structure, prequalification and tender offering process for a major infrastructure project in the U.S. (2011)
World Financial Group v. HBW Insurance Services
Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition, and breach of contract. (Ventura Cnty. (Cal.) Super. Ct. 2011)
Barinaga v. JPMorgan Chase & Co.
Represented lender in an action alleging fraud, breach of contract, breach of the duty of good faith and fair dealing, and Oregon unfair trade practices statute, based on failure to provide permanent loan modification. Obtained dismissal of all but one limited claim, which was settled on favorable terms. 749F. Supp. 2d1164, 2010 WL 4338326 (D. Or. 2010)
Belknap et al. v. U.S. Bank
Successfully obtained ruling of class action decertification, of wage claim, following five years of litigation. On appeal, obtained affirmance of trial court’s decertification order and obtained reversal of trial court’s attorney fee award to named plaintiffs. 235 Or. App. 658 (2010), rev den 349 Or. 654 (2011)
Buus v. WaMu Pension Plan ERISA litigation
Represented Washington Mutual in a putative class action alleging ERISA violations resulting from the implementation of a cash-balance plan. Case was settled on favorable terms. (2010)
Cantor Fitzgerald Securities v. Port Authority
Represented Cantor Fitzgerald in its action seeking damages for its business interruption losses arising out of the 1993 bombing of the World Trade Center. (2010)
Chancey v. Washington Mut. Asset Backed Certificates WMABS Series 2007-HE2
Represented lender in action alleging fraud, misrepresentation, breach of fiduciary duty, estoppel, and conspiracy. Court granted lender's motion to dismiss, holding that under FIRREA, all borrower claims relating to Washington Mutual conduct belonged with the FDIC. 2010 WL 3001178 (D. Or. July 28, 2010)
Hart v. JPMorgan Chase Bank, NA
Represented bank in a California-only class action in the Northern District of California alleging that bank failed to make online funds transfer deposits immediately available for same-day debits, thereby causing unnecessary and excessive NSF fees. Plaintiff brought claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and conversion. Case voluntarily dismissed in response to legal analysis presented to plaintiff's counsel, and without discovery. (2010)
Horton v. Chase Bank USA, NA
Represented bank in an action alleging violations of the Washington Consumer Protection Act, based on purported violations of Truth in Lending Act and Real Estate Settlement Procedures Act. Obtained Rule 12 dismissal based on National Bank Act preemption. 2010 WL 4065100 (Wash. Super. Ct. 2010)
In re Cascade Grains, Inc.
Represented agent bank for senior loan syndicate in Chapter 11 bankruptcy of large grain ethanol plant. (2009-2010)
In re McGrath’s Publick Fish House
Represented major secured lender in multi-location restaurant bankruptcy in Oregon and Washington. (2010)
In re Summit Accommodators, Inc.
Represented affiliated exchange company in Chapter 11 bankruptcy of '1031 exchange' company. (2010)
In re WSB Financial Group Securities Litigation*
Defended an underwriter in a class action lawsuit in the Western District of Washington that alleged violations of §§ 11 and 15 of the Securities Act. Filed a motion to dismiss the claims asserted against our client, which was quickly followed by a settlement while the motion remained pending. (2010)
Islanders Bank v. Frascona et al.
Represented lender in judicial foreclosure of real property. (2010)
Logan et al. v. Tiegs and Western Mortgage & Realty Co.
Defended federal court lawsuit involving claims for breach of contract and redemption of an equitable mortgage. Prevailed at jury trial. (2009-2010)
Regulatory advice for global financial services company
Representation of a global financial services company in connection with advising on issues related to the Credit Card Act and its implementing regulations. (2010)
Smith v. Bank of America, NA
Represented Bank of America in putative Washington-only class action alleging that Bank of America's practice of charging a $100 garnishment fee violated state law. Motion to dismiss was granted with prejudice based on National Bank Act preemption argument. (E.D. Wash. 2010)
Vatomanyuk v. Quality Loan Serv. of Wash.
Represented lender in action alleging violations of the Truth in Lending Act, Real Estate Settlement Procedures Act, and the Washington Consumer Protection Act. Court granted lender's motion to dismiss based on a failure to state a claim and National Bank Act pre-emption. 699 F. Supp. 2d 1242 (W.D. Wash. 2010)
Vawter v. Quality Loan Services, of Wash.
Represented lender and MERS in an action alleging violations of the Washington Deed of Trust Act, the Washington Consumer Protection Act, FDCPA, emotional distress, and for wrongful foreclosure. In a widely cited decision, the court granted lender's motion to dismiss with prejudice rejecting wrongful foreclosure claim, finding MERS is an appropriate agent for lender, and holding that in the absence of injury, technical statutory violations cannot form a basis for liability. 707 F. Supp. 2d 1115 (W.D. Wash. 2010)
Acquisition of business for GenNx360
Represented private equity firm GenNx360 Capital Partners in its acquisition of Clariant Corp.'s specialty silicones business. (2009)
Commercial lending for national financial institution
Represented national financial institution in connection with defaulted financings of tract home developers. (2008-2009)
Dalit v. Chase Home Finance
Represented lender in action alleging violations of the Truth in Lending Act, Real Estate Settlement Procedures Act, Home Ownership Equity Protection Act, Washington Consumer Protection Act, and the Fair Debt Collections Practices Act in connection with foreclosure action. Federal district court granted lender's motion to dismiss for failure to state a claim. 2009 WL 3517587 (W.D. Wash. 2009)
In re Farmington Center Salem
Represented senior lender to skilled nursing facility in contested Chapter 11. Filed and confirmed a joint creditor plan and resolved claim objections. Client paid in full through refinance under confirmed plan. (Bankr. Or. 2009)
Umpqua Bank v. White Oak Partners
Represented bank in commercial property litigation over proceeds. Obtained summary judgment. (Pierce Cnty. (Wash.) Super. Ct. 2009)
Yountville Investors, LLC v. Bank of America N.A.
Obtained summary judgment dismissing all claims challenging the enforceability of an interest rate swap agreement. WL 2382862 (W.D. Wash. 2009)
Alan Gardner v. Capital Options, LLC
Represented Capital Access Network in Telephone Consumer Protection Act (TCPA) and Consumer Protection Act (CPA) class action related to automatic dialing-announcing devices (ADAD) calls. (W.D. Wash. 2008)
Bankruptcy financing for commercial finance company
Represented the provider of $14 million in lease and secured finance deals throughout a contentious bankruptcy and post-bankruptcy workout. (2008)
Banner Bank v. the Talon Group, LLC
(King Cnty. (Wash.) Super. Ct. 2008)
Blaylock v. First American Title Company
Represented the nation's largest title insurer in a putative consumer class action alleging title insurers violated state and federal law by giving 'inducements' to referral sources to secure title insurance business. Court dismissed all claims for plaintiffs' lack of standing. 2008 WL 8741396 (W.D. Wash. 2008)
Commercial lending for banks*
Numerous commercial lending transactions including agented multi-bank lines of credit and equipment lease financing. (1993-2008)
Corporate finance for European bank*
$99 million credit facility secured by real and personal property collateral in California. (2008)
Corporate finance for European bank*
Various issuances of letters of credit to provide credit enhancement to tax-exempt bonds. (2006-2008)
Estate of Robert S. Felts v. Genworth Life Ins. Co.
Defeated motion for certification of a nationwide class for state law claims arising out of the sale of single premium fixed annuities. (W.D. Wash., 2008) Read more
In re Aichele
Represented senior lender in a Chapter 12 farm bankruptcy. Obtained relief from stay to foreclose on equipment. Obtained nondischargeable judgment against debtor. Litigated lien priority issues. (2008)
In re Pierre Foods, Inc.
Represented member of secured lending syndicate in contesting confirmation of debtor's Chapter 11 plan. Client’s claims paid in full. (2008)
Loan representation for banking institution
Represented banking institution in two separate, but related, loan facilities totaling $9 million. (2008)
McDaniel et al. v. CSA - Credit Solutions of America
Defended putative nationwide class action alleging violations of the Credit Repair Organization Act (CROA). Successfully obtained order transferring case to Northern District of Texas. (W.D. Wash. 2008)
Molosky v. Washington Mutual
Represented nation's largest savings and loan in putative class litigation in Michigan alleging improper collection of mortgage release fees and payoff statement fees. Motion to dismiss granted based on federal preemption and failure to state a claim under Michigan law. Appeal pending in the 6th Circuit when the FDIC assumed control of the savings and loan, resulting in a stay of the appeal. (6th Cir. 2008)
NAD Case: Chase Bank USA, N.A. v. DFS Services LLC
Successfully represented challenger, Chase Bank USA, with respect to comparative advertising claims for the Discover card cash-back program. (N.A.D. 2008)
Pinda-Allen v. RBC Dain Rauscher
Represented defendant against a claim of wrongfully denied life insurance benefits under an ERISA plan. Case settled favorably for client. (D. Or. 2008)
Securities transaction for Canterbury Park Capital
2008 common stock of Allegro Corp. (2008) Read more
Tahvili v. Washington Mutual Bank
Successfully represented bank in upholding judgment on appeal involving revocation of attorney's pro hac vice certification during trial. A128324 and A127302 (Or. App. 2008)
U.S. Trust Company v. Lehman Brothers
Plaintiff's counsel in action alleging misappropriation of trade secrets and employee raiding against Lehman Brothers and individual defendants recruited by Lehman Brothers. Achieved favorable settlement on all claims, including injunctive relief. (Orange Cnty. (Cal.) Super. Ct. 2008)
U.S. Trust Company v. Morris Noble
Plaintiff's counsel in action alleging misappropriation of trade secrets against a senior-level employee who left U.S. Trust to join Morgan Stanley. Case resolved on favorable terms. (San Francisco (Cal.) Cnty. Super. Ct. 2008)
Acquisition for Australia and New Zealand Banking Group
Represented Australia and New Zealand Banking Group in its acquisition of Citizens Bank of Guam. (2007)
Bridge loan financing for national bank*
Bridge loan financing of site for development of high-rise residential project in Bellevue, Wash. (2007)
Corporate finance for European bank*
$235 million credit facility secured by real and personal property collateral in California. (2007)
Corporate finance for European bank*
$40 million credit facility to Roman Catholic Archdiocese of Portland, Ore. to provide takeout financing for Chapter 11 plan. (2007)
HomeStreet, Inc. v. HomeStone Mortgage, Inc.
Represented plaintiff bank in dispute over trademark infringement of 'HomeStreet Bank' mark. Case ended in confidential settlement. (W.D. Wash. 2007)
In re Or-Can, LLC
Represented secured lender in restaurant Chapter 11. Negotiated the sale of client's loan to a competing bank. (Bankr. D. Or. 2007)
Loan purchase for national financial institution*
Purchase of approximately $300 million portfolio of commercial real estate loans. (2007)
Luna et al. v. Household Finance Corporation et al.*
Represented HFC against predatory lending claims throughout Washington. Successfully moved the case from state court in plaintiffs' lawyers' home county to a more favorable forum in federal court in Seattle. Defeated plaintiffs' request to bar HFC's foreclosure activity and obtained order denying class certification in federal court. (W.D. Wash. 2007)
McElmurry et al. v. U.S. Bank
Defeated multiple collective action certification motions under the Fair Labor Standards Act seeking certification of claims alleging misclassification of management-level employees and alleging off-the-clock work. Court twice denied certification on each claim. (2004 WL 1675925 D. Or. 2004; 2005 WL 2494932 D. Or. 2005; 2005 WL 249 2932 D. Or. 2005; 2006 WL 3908536 D. Or. 2006). Before the Ninth Circuit on appeal, successfully obtained dismissal of appeal and denial of petition for writ of mandamus. 495 F.2d. 1136. (D. Or. 2007)
Olson v. Washington Mutual Bank FA
Represented federal savings association in putative class litigation in Minnesota alleging misrepresentation of adjustable rate loan terms. Case voluntarily dismissed after oral argument on motion to dismiss based on federal preemption and motion to strike class allegations. (2007)
Project finance for WestLB AG, New York branch
Represented the lender in connection with two sites of a five-facility project able to produce 40 and 50 million gallons, respectively, of ethanol annually. (2007)
Acquisition of business for Cascade Bancorp
Cash and stock acquisition of Idaho bank. (2006)
Acquisition of business for Pacific Wealth Advisors
Acquisition of Pacific Portfolio Consulting. (2006) Read more
BISYS v. Mourant Financial Service
Defended Mourant Financial Services in financial services industry against claims involving misappropriation of trade secrets. (N.Y. Sup. Ct. 2006)
Credit card programs for multinational finance company
Represented multinational finance company on international joint ventures and strategic alliances, including negotiation and documentation of co-brand credit card program in southern China between Chinese development bank and U.S. retailer. (2006)
Fisher v. Priority Escrow
Defended Washington Mutual Bank in action alleging Truth in Lending Act and Washington Consumer Protection Act violations. Obtained dismissal with prejudice for failure to prosecute after arguing that plaintiff’s failure to meet a single court deadline prejudiced the bank. 2006 WL 2597934 (W.D. Wash. 2006)
Internet payment systems for multinational finance company
Represented multinational finance company on commercial and finance aspects of the Internet and e-commerce, including negotiation and documentation of private label and co-branded credit programs with large Internet retailer. (2006)
Internet payment systems for multinational finance company
Represented multinational finance company on commercial and finance aspects of the Internet and e-commerce, including negotiation and documentation of private label and co-branded credit programs with large online auction company. (2006)
Loan recovery for financial services company
Recovered the full amount of a client's $25 million extended in loans, as well as attorneys' fees and default interest, following borrowers' filing of five separate Chapter 11 cases. (2006)
McCoon v. Wiederhorn, et al.
Defended officers and directors of publicly traded company in shareholder derivative suit against claims for breach of fiduciary duty and corporate waste. (Dismissed on motion) (2006)
Mergers and acquisitions for Cascade Bancorp
Review and negotiation of merger agreement, preparation of SEC-filed proxy statement to secure approval of client shareholders, and post-closing securities work. (2006)
Nilsen v. Long Beach Mortgage Co.
Represented lender licensed under state Consumer Loan Act in putative consumer class action alleging collection of excessive loan origination fees in violation of state law and contracts. Successfully defeated class certification and then obtained summary judgment on individual claims. Summary judgment affirmed at the Court of Appeals and review denied in Washington Supreme Court. WL 2469141 (Wash. App. 2006)
Rivera et al. v. U.S. Bank
Obtained summary judgment dismissing all class action claims in wage and hour class action. Before Oregon Supreme Court, successfully obtained denial of petition for writ of mandamus.(Multnomah Cnty. (Or.) Cir. Ct. 2006) Read more
Bluecurrent, LLC v. Washington Mutual
Represented Washington Mutual in defense of $100 million claim for breach of contract and related claims. Substantially prevailed after three-week hearing before panel of three arbitrators. (2005)
Corporate finance for national financial institution*
Represented bank in realization on defaulted $80 million credit facility secured by 25 assisted living facilities in 10 states, including agreed sales, foreclosures and deeds in lieu of foreclosure. (2005)
Creditor representation in Chapter 11 proceedings for U.S. Bank
Represented senior secured lender in the Chapter 11 reorganization of Nicola International, Los Angeles. (2005)
Logan v. Tiegs
Obtained summary judgment dismissing multi-count complaint based on alleged lender control and breach of fiduciary duty. Obtained judgment for debts owed and collected judgment in follow-on bankruptcy. Litigated issue of whether PACA covered invoices payable '30 days from date of invoice' when invoice date was after shipment date. (D. Or. 2005)
Rucker v. Long Beach Mortgage Co.
Represented lender in Washington state court putative class action, in which plaintiffs alleged that lender's loan disclosure policies constituted an unfair or deceptive act or practice under the Washington Consumer Protection Act. Defeated motion for class certification. (King Cnty. (Wash.) Super. Ct. 2005)
Shields v. Long Beach Mortgage
Represented lender in individual action alleging, among other things, a failure to timely disclose yield-spread premium fees on the “good faith estimate” as required by federal law. Obtained summary judgment, which was affirmed on appeal. Shields v. Morgan Financial
, 130 Wn. App. 750, 125 P.3d 164 (Wash. App. 2005) Read more
Wingard v. Lowe's Companies, Inc.
Represented an international financial services company, its credit card subsidiary, and its retail client in putative class actions in state courts in California, Washington, Ohio, and Maryland. Resolved case favorably through nationwide class settlement. (2005)
Charles Schwab & Co., Inc., v. Washington Department of Revenue
Court held that Washington's method of income apportionment was unconstitutional under the Commerce Clause. Forced a change in the B&O tax apportionment regulation. Docket No. 02-2-01461-2 (Thurston Cnty. (Wash.) Super. Ct. 2004)
Internet payment systems for multinational finance company
Represented multinational finance company on commercial and finance aspects of the Internet and e-commerce, including negotiation and documentation of private label and co-branded credit programs with online payment system company. (2004)
Securities transaction for The Abstract & Title Company
Sale of stock to Stewart Title Company. (2004)
Dembowski v. Washington Mutual Bank FA
Represented federal savings association in a purported class claim alleging breach of contract and violation of consumer protection statutes as a result of an alleged pattern of loan servicing errors, which supposedly resulted when the bank consolidated the operations of newly acquired lenders. Defeated class certification motion. (King Cnty. (Wash.) Super. Ct. 2003)
Corporate finance for national financial institution*
Restructuring of defaulted $49 million credit facility secured by eight assisted living facilities in seven states. (2002)
LaCasse v. Washington Mutual, Inc.
Represented mortgage lender in a putative class action alleging violations of the anti-kickback provisions of the federal Real Estate Settlement Procedures Act (RESPA) through payment of yield spread premiums to mortgage brokers. Brought immediate and successful motion to strike plaintiffs' class allegations based on recent federal pronouncements governing the treatment of yield spread premiums. 198 F. Supp. 2d 1255 (W.D. Wash. 2002)
California Board of Accountancy v. KPMG, etc. et al.*
Served as outside trial counsel for the California Board of Accountancy in an administrative disciplinary action against the accounting firm KPMG, its audit partner, and members of its audit staff for professional errors in their audits of Orange County, Calif., and its investment fund immediately prior to the county's filing for bankruptcy. The administrative trial lasted more than 100 days and resulted in professional disciplinary action against the licenses of KPMG and its audit partner, which was upheld on review. The case represents only the second time that a big five audit firm has been disciplined. (Administrative Hearing, California Department of Consumer Affairs 2000)
Mortimore v. FDIC
Represented one of several loan servicers accused of having misapplied the 'carryover' provisions in HUD adjustable rate mortgages over a period of several years. Argued a successful summary judgment motion that resulted in dismissal of the class claims against all defendants. 197 F.R.D. 432 (W.D. Wash. 2000)
Cazzanigi v. GE Capital Corporation
Argued and won unanimous decision by the Washington Supreme Court rejecting core claims in state court class action challenging finance charges and other terms of private label credit card programs under Washington Retail Installment Sales Act and Consumer Protection Act. 132 Wash.2d 433, 938 P.2d 819 (1997)
Johnson v. Amgen Boulder Corp.
Represented investment banking firm in objecting to settlement of securities fraud class action relating to failed biotech venture. (W.D. Wash. 1997) Read more
Loan representation for SeaFirst Bank*
Representation of SeaFirst Bank in a multi-facility loan for the redevelopment of the downtown Seattle retail corridor. (1995)
Parker v. BankAmerica Corp.
Defended BankAmerica against severance-pay claims brought by putative class of employees who previously worked for acquired bank and continued to work in essentially the same jobs post-acquisition. Obtained summary judgment for defendant and successfully defended it on appeal. 50 F.3d 757 (9th Cir. 1995)
Watkins v. Westinghouse Co.
Defended federal DOE contractor in a series of cases and appeals involving miscommunications regarding pension benefits and/or errors in calculation of early-retirement adjustments. In Watkins, appellate court directed entry of judgment for defendants. 12 F.3d 1517 (9th Cir. 1993)
Acquisition of business for PremierWest Bancorp
Acquisition of Mid Valley Bank.
Acquisition of business for Washington Mutual*
Represented Washington Mutual Bank in the acquisition of HomeSide Lending from National Australia Bank Limited.
Acquisition of mortgage banking operations for Washington Mutual*
Represented Washington Mutual Bank in the acquisition of the mortgage banking operations of PNC Bank and Fleet Boston Financial Corp.
Bond trustee litigation for West Coast financial institution bond trustee
Defended a West Coast financial institution bond trustee in litigation in Riverside County, Calif., arising out of an issuer's default on bonds supported by large commercial/residential land development. Drafted and successfully argued demurrer to majority of causes of action, then negotiated walkaway settlement of the balance of claims against client.
Business transaction for GE Capital Business Asset Funding
More than 20 venture capital investments in technology companies and related strategic alliances.
Debt refinancing for Wells Fargo
Represented lender in debt refinancing of casino borrowers.
Employment counseling for major financial institution
Resolution of discrimination claims. Read more
Fiduciary litigation support
- Assist trial counsel in challenge to Oregon "penalty interest" statute for elective deferrals of inheritance tax attributable to business interests
- Assist trial counsel in will and buy sell agreement interpretation controversy in Oregon court of appeals and mediation
- Probate counsel in numerous controversy and claim resolutions
- Expert witness providing analysis and testimony at trial regarding complex tax and estate planning controversies.
Financial services class actions for multiple clients
Represented various financial services providers in consumer class actions in Washington, California, New York and Minnesota.
Financing counsel for Vmoto Ltd.
Provided U.S. opinion in a financing for Vmoto Ltd., located in Perth, Australia.
Financing of cogeneration facilities for lending consortiums*
Represented the leaders of lending consortiums providing construction and operating financing for several major cogeneration facilities serving wood products companies in the Pacific Northwest.
IP counsel for AllianceBernstein, L.P.
Counsels on IP and new media matters for AllianceBernstein, L.P., the New York-based financial services company and affiliated entities.
Loan restructuring for Banner Bank
$6.8 million loan restructure of owned and leased farmland and crops.
Advising clients on regulatory and payment network rules compliance regarding emerging mobile payment products and related services. (Ongoing)
Mortgage loan sales and securitizations for mortgage banking companies*
Commercial and residential mortgage loan sales and securitizations for Washington Mutual, Countrywide Financial, and other mortgage banking companies.
Oregon Public Employees Retirement Fund v. AIG
Defense of securities fraud claims. Obtained a favorable settlement. (D. Or. 2008)
Personal trust class actions for West Coast financial institution
Represented a large West Coast financial institution in two separate consumer class actions. Successfully opposed class certification in the state case and litigated the individual claims in a two-week trial. Settled the claims in the federal actions on a claims-made basis, with favorable results. Read more
Sale of business for major national finance company
Represented major national finance company in negotiation and documentation of multimillion-dollar sale and assignment of loans and associated collateral.
U.S. Bank v. Seafirst Bank (now Bank of America)
Represented Seafirst Bank in multimillion-dollar dispute between banks regarding ownership of proceeds of sale of collateral mortgages following failure of Bellevue, Wash., mortgage broker. Resolved successfully in two-week nonjury trial in King County Superior Court. (King Cnty. (Wash.) Super. Ct.) Read more
* Denotes experience completed at a prior firm