Client Collaborations

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.

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.

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.

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

Data Security audit for an educational institution that resulted in identifying different procedures for data handling among various departments. In addition, the audit revealed an outdated FTC Red Flag policy, which we helped resolve.

Defective construction of new, large in-patient behavioral health hospital. Guided healthcare system through forensic research, repair contracting, preservation of evidence, forensic expert reports, negotiations, and arbitration proceedings for damage claims against the general contractor and subcontractors that improperly performed exterior envelope, plumbing, electrical, and roof work to construct a new hospital for behavioral health patients and required specialty facilities. The entire exterior envelope had to be removed and replaced, together with removal and re-installation of all windows, while the hospital was occupied. After repairs were complete, we prepared, documented, and asserted claims to recover the owner’s damages. Following extensive discovery, depositions, arbitration proceedings, and mediation, we achieved a successful, multimillion dollar recovery of a substantial majority of the owner’s losses.

Gary M. Klein, et al. v. West Coast Bancorp, et al. Tom represented an acquired bank in a shareholder class action alleging breach of fiduciary duty in approving a merger. The case settled while our motion to dismiss was pending.

Regularly represent regional bank on real-estate-secured, construction, term, and revolving loans since 2007. Loan transactions completed in the last 24 months include four real estate acquisition loans in an aggregate amount of $36,000,000 to a tenancy-in-common group completing a section 1031 exchange, a $12,000,000 construction loan, a $8,500,000 term loan secured by all the assets of a private university, and a $21,000,000 term loan to refinance a multi-family complex.

Assisted with an audit on behalf of a public entity that was preparing to collect credit card payments. Our attorneys helped the agency develop its strategy for complying with the Payment Card Industry Data Security Standard (PCI DSS).