FCRA and UDCPA

In a case involving claims brought under the federal Fair Credit Reporting Act and Oregon Unfair Debt Collection Practices Act, we obtained a jury verdict in favor of our client, a national bank. We then represented our client in the Ninth Circuit, where the Court of Appeals affirmed the judgment and award of attorney fees in favor of our client. Thomas v. U.S. Bank, U.S. District Court (Oregon) Case No. CV-05-1725-MO.

Commercial Loan Litigation

The firm represented an assignee of a Small Business Administration loan in a complex commercial foreclosure involving novel affirmative defenses and administrative law governing the conduct of the SBA. We obtained summary judgment for our client and went on to represent our client successfully on appeal, where the trial court’s judgment was affirmed by the Ninth Circuit Court of Appeals. LPP Mortgage Limited v. J. Gardner et al., U.S. District Court (Oregon) Case No. CV-02-1331-AS.

Conversion and Embezzlement

We successfully defended a national bank in a multimillion dollar case brought by a trust beneficiary whose trustee diverted trust funds for his gambling habit. Plaintiff sued under theories of common law conversion and aiding and assisting in a breach of fiduciary duty. Summary judgment was awarded to our client.

We represented a national bank that was sued by its business customer after the business suffered heavy financial losses due to embezzlement by its dishonest bookkeeper. We obtained a defense verdict on claims brought under the UCC and for breach of contract after a jury trial.

Receivership and Loan Workout

We represent federal and state court-appointed receivers as both lead counsel and local counsel. The cases have ranged in asset size from $1.6 million to hundreds of millions of dollars.

We regularly represent banks and other lenders in commercial loan enforcement and foreclosure, and in loan workouts.

Letter of Credit

Our national business client sought recovery of funds advanced under a letter of credit for which our client had reimbursed the letter of credit issuing bank. After a court trial, the court entered a judgment in our client’s favor for $2.4 million, which our client recovered.