Client Collaborations

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 In addition, the audit revealed an outdated FTC Red Flag policy, which we helped resolve.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).

Midstream transition of general contractors on a major data center construction project. Prepared a negotiated separation agreement to remove a national general contractor midstream during construction of a very large data center complex in Oregon, and to transition the remaining work to the follow-on contractor, along with the assignment of all existing subcontractors. The transition was fully successful, with no disputed termination or delay claims.

IBEW Local 98 Pension Fund, et al. v. Cascade Corporation. Tom represented a manufacturing company in a shareholder action alleging breach of fiduciary duties by company directors in connection with a merger. The case was settled while our motion to dismiss was pending.

Represented regional bank on a loan to an Employee Stock Ownership Plan (ESOP).

Represented international fuel supplier in all ports of western United States for arrests of ocean-going vessels to enforce maritime liens for necessaries and recover accounts due.