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Client Collaborations

All Representative Cases

9 Cases
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Prior to Joining Miller Nash LLP

Conducted internal investigations on behalf of global banks in connection with bribery payments, corporate scandals, and in response to requests from federal and state regulators.

Securities Litigation

Newman v. Comprehensive Care Corp. In this case, investors sued multiple defendants after failure of a proposed merger transaction that arose from a proxy solicitation. The complaint alleged violation of federal securities laws, RICO, and state law claims. In representing the investment banker, we obtained summary judgment before trial.

Education

Advise higher education institutions on compliance with federal law for disability accommodations for employees and students in returning to on-campus operations.

Recent Litigation Matters

Strategic analysis and guidance, drafting, and editorial review of multiple dispositive motions and appellate briefs for eminent domain team’s successful representation of regional transit authority in dispute with governmental entity about power to condemn, resulting in published Washington Supreme Court decision.

Data Breach

Advised government entity with homeland security issues regarding a data breach response program and information security issues. We trained in-house legal and IT staff on data security issues and participated in a simulated data breach exercise.

Insurance Recovery

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Pro Bono

State v. Lawrence. For more than six years, Tom worked on appeals raising constitutional challenges to the conviction of a young mentally ill Native American suffering from the effects of fetal alcohol spectrum disorder. The Washington Supreme Court referred the case back to the trial court for a hearing on the defendant’s competence to waive his right to counsel. After a two-day hearing involving lay and expert witness testimony, the court found in favor of the defendant. That led to an appellate court decision to vacate the conviction and remand the case for a new trial on the original charges, which, in turn, resulted in a new sentence reduced by more than 50 years.

Lending Matters

Regularly represent national bank on real-estate-secured, construction, term, and revolving loans since 2000. Loan transactions completed in the last 24 months include a $45,000,000 real estate secured revolving loan to real estate investor/developer, a $75,000,000 unsecured revolving loan to a real estate investor/developer, a $15,000,000 equipment finance loan, a $11,000,000 loan to construct a hotel, and a $29,000,000 loan to construct a building that has been leased to a department of the Oregon government for 30 years.

Education

Provide guidance to private educational institutions in creating and implementing COVID-19 vaccination policies and recommendations.

Services