Cases
Representative Matters: Defended the President
Chief Credit Officer of a regional bank in civil litigation brought by the FDIC in its role as the receiver for the bank. The claims arose from the bank's failure
subsequent closure by the FDIC
sought compensatory damages in excess of $11 million. Representation involved defense of the FDIC action, a related coverage action,
claims for indemnity from the bank's parent company which had filed for bankruptcy protection
involved extensive document
deposition discovery. We negotiated a settlement of all actions with all parties.
Represented the CEO/Chairman of the Board
the President/Director of a failed bank in connection with an investigation
enforcement action by the Office of the Comptroller of the Currency ( OCC ). We resolved the matter with a negotiated Consent Order with the OCC.
Represented the former President
Chief Financial Officer of a junior uranium mining company in an action brought by a group of former investors lead by the Chairman of the Wall Street placement agent responsible for the private placement of the company's shares with qualified investors. Plaintiffs alleged common law fraud
aiding
abetting fraud against the former officers
members of the Board of Directors
sought $6.7 million in damages plus punitive damages. The matter was settled days before the oral argument on motions for summary judgment
the joint pretrial conference for a sum that had been offered to,
rejected by, the Plaintiffs years earlier in mediation.
Represented the former CEO/Chairman, CFO
COO of a company that was engaged in the development of commercial uses for the kenaf plant. The company had filed for Chapter 7 bankruptcy protection subsequent to the resignation of our clients. The Special Counsel to the Chapter 7 Trustee sent a dem
to the D&O carrier for payment of damages allegedly incurred by the company arising from the alleged conduct of the defendants. We obtained relief from the automatic stay for the advancement of policy proceeds for the defense of the insureds. The matter was resolved by way of an early mediation between the defendants, the Trustee
counsel for various former investors in the company.
Defended major financial institution in a purported nationwide class action case arising out of fees assessed in connection with consumer payoff of residential mortgage loans. The matter was dismissed in the motions stage.
Defended national banking organization in purported class action relating to its obligations under TILA (15 U.S.C. 1601 et seq.) related to a co-br
ed affinity credit card offered in conjunction with a national airline. The matter was dismissed in the motions stage
a substantial attorneys' fee award was obtained against the plaintiff. Argued
defended the appeal before the Ninth Circuit Court of Appeals.
Defended a hotel/casino in purported nationwide class action relating to a telephone surcharge. Class certification was denied
the matter was subsequently dismissed for lack of prosecution. Obtained six-figure attorneys' fee award against the plaintiff.
Obtained summary judgment in favor of credit card issuer in an action alleging that the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) required card issuer to report credit limits to consumer reporting agencies. Defended the appeal before the Ninth Circuit Court of Appeals.
Efficiently represented multiple mortgage lenders
servicers in matters commenced throughout the West by homeowners seeking to prevent residential loan foreclosures
in matters involving interest rate disclosures, fees, payoff amounts, account reconciliation, insurance coverage, foreclosure
loan modification issues with respect to both residential
commercial loans.