Client Collaborations

Assist plan sponsors to ensure that their plans remain qualified under Code Sections 401(a), 403(b), or 457(b). Advise with respect to all qualification requirements, including issues involving eligibility, vesting, contributions, benefit accruals, limits on contributions and benefits, distributions, participant loans, design-based safe harbors, and coverage and nondiscrimination testing. Help plan sponsors comply with ERISA, including advising plan fiduciaries regarding their fiduciary duties under ERISA, assisting plan administrators with ERISA's reporting and disclosure requirements, advising regarding the prohibited transaction rules, and ensuring fiduciary protection for participant-directed investments.

Portland Art Museum v. Ann Beha Architects, Inc. Obtained multimillion-dollar recovery during the course of litigation and mediation that involved claims for breach of contract, negligence, and breach of warranty against a Boston architectural firm arising from incomplete and uncoordinated drawings in connection with the renovation of the Masonic Temple and construction of the Mark Building, the new home of the Portland Art Museum. Representation of the museum additionally included resolution of multimillion-dollar contractor and subcontractor claims (which were resolved for less than 30 percent of the principal amount of the claims) and avoidance of payment of any costs or attorney fees.

Represented a brewery software company in its merger with a competitor.

Oregon Liquor and Cannabis Commission (OLCC) Enforcement Response. Successfully appealed enforcement actions, including proposed license termination, for alleged violations of OLCC rules.

Represented investor obtaining TIC interest in 18-unit apartment complex.

Briefed and presented before, tribal councils and boards.

Helped plan sponsors with the correction of qualification failures in their qualified and 403(b) plans under EPCRS, through either self-correction or VCP filings. These failures included incorrect or untimely contributions, improper distributions, participation errors, testing failures, vesting failures, improper participant loans, and failures to amend. The recommended and implemented corrections enabled the plans to maintain their qualified status.

Coordinated team efforts in building and maintaining worldwide trademark portfolios for a major computer-network control provider and three global computer-game development companies.

Provided corporate counsel in the sale of a large parcel of real property and a related LLC dissolution.