Client Collaborations

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.

Provide ongoing guidance to financial institutions considering expansion of services to cannabis-related businesses, including preparation of internal policies and procedures relating to provisions of services to cannabis industry participants and reviewing and revising cannabis-specific customer agreements and related documents.

Assisting various clients with developing and improving incident response plans.

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.

Hemstreet, et al. v. Merrill Lynch Mortgage Capital Inc. The district court issued an opinion and order granting our motion for summary judgment on plaintiff’s claims for fraud, breach of contract, negligence, and intentional interference with contract.

Represented regional bank as agent and lender on $60,000,000 syndicated loan to construct a high-tech cold storage facility.