Commercial Litigation

Represented major Japanese consumer electronics manufacturer to stop gray marketer from fraudulently purchasing high-end television sets and selling them to unauthorized national discount warehouse. Located missing defendants, obtained state court orders and judgments, recovered inventory and cash and subsequently pursued follow up litigation in out-of-state bankruptcy court.

Defense

Represented major Chicago options and futures exchange in defense of claim for damages over ownership of a type of openly traded futures contract. Successfully litigated in state and federal courts. No damages or settlement paid.

Trade Secrets

Represented proprietor of national bottled coffee beverage when its manager expropriated a beverage and entered into his own joint venture with its bottler. Litigated in bankruptcy and US District Courts and 9th Circuit Court of Appeals. Recovered significant cash settlement.

Insurance Coverage

Served as local co-counsel for two national firms for insurance carrier defending coverage claims in Archdiocese of Portland Bankruptcy Case. Coordinated significant aspects of coverage litigation law between law firms for multiple insurers.

Corporate Governance

Represented oppressed minority shareholders in litigation in two states to recover multi-million dollar settlement from control shareholders. Used proceeds to help fund oppressed minority shareholder litigation with local counsel in Hong Kong, resulting in the sale of major Hong Kong commercial properties and multi-million dollar recovery.

Probate Litigation

With local Hong Kong counsel, litigated inheritance of un-probated will from 1940’s helping recover millions of dollars for disenfranchised American and Canadian heirs to a significant Hong Kong estate.

Fraudulent Transfer

Won verdict in extended trial to recover real property and money in Canada and US from fraudulent transferee of judgment debtor with 27 judgments against him and elaborate, attorney-generated fraudulent transfer schemes from thirty years prior.

Boundary Dispute

Won unanimous jury verdict for property owners in rural Washington State when an out-of-state “religious order” encroached by erecting ancient-looking fences across wooded section of adjacent property owner’s land.

Foreclosure

In multi-party litigation, recovered second home for widow who unknowingly lost it in a foreclosure sale when a family member forged her name.

Real Estate Development

Recovered money in multi-party, multi-forum litigation and control of LLC out of a bankruptcy for developer, after LLC’s managing members defrauded third parties resulting in judgments against the LLC’s $22 million industrial development.

Financial Fraud

Litigated to recover money from lumber traders on behalf of insolvent company, after the traders colluded to embezzle by overstating commissions and diverting lumber shipments.

Private Nuisance

Obtained injunctive relief for historical hotel against late night dance club. Court enforced noise ordinances that city had ignored for years. Resulted in closure of dance club.

Public Nuisance/Municipal Enforcement

Conducted trial for city attorney in city’s five year old lawsuit against a rock quarry to enforce city zoning ordinances. Prevailed at trial to prevent quarry from hauling rock through city streets, effectively closing quarry.

Breach of Contract

Recovered monetary settlement for shopping center developer in state court appellate mediation after investor bypassed developer in $11 million property purchase from chapter 11 bankruptcy trustee.

Breach of Fiduciary Duty

Sued and settled with realtor for his non-disclosed dual representation in multi-party commercial real estate transaction.

Partnership Fraud

Recovered diverted funds and damages from managing partner in real estate investment partnership on behalf of defrauded partner.

Contaminated Site Foreclosure

Prevailed at trial in multi-party strict foreclosure of land sale contract on contaminated site after court enjoined non-judicial forfeiture. Defeated counterclaims for contribution and indemnity for contamination.

UCC – Debtor/Creditor

Represented vendor of electronic stadium scoreboards after UCC filings lapsed when corporate mergers of stadium owners resulted in lapse of $75 million senior secured creditor’s lien priority. Resolution: Lien priority restored through negotiated multi-party forbearance agreements.

UCC – Sale Of Goods

Sued American beef supplier for breach of contract on behalf of vendor/exporter during Russian mad cow disease ban. Resolution: Vendor partially covered loss in marketplace and settled with supplier for balance.

UCC – Commercial Leasing

Represented commercial lessee in fraud case against insolvent vendor and trade lessor. Resolution: Settlement for significant discount from lease obligation and release from personal guarantee for principal.

Reorganization

Represented debtor in reorganization and liquidation of litigation-embattled resort property. Settled multiple lawsuits, bought back outstanding timeshare interests, extinguished timeshare master lien with Secretary of State, reacquired judicially portioned parcels and sold entire premise to ski resort in “One of Oregon’s 25 largest M & A Deals of the Year.” Debtor completed reorganization and principals retired on the proceeds.

Bankruptcy Fraud

Represented purchaser of real property with non-disclosed liens. Sued vendor of real property in vendor’s bankruptcy case and obtained release of balance due to vendor under contract and release of vendor’s lien with title quieted in purchaser, free and clear of the bankruptcy estate.

Committee Representation

Represented Official Committee of Unsecured Creditors in hotel reorganization case fraught with scorched earth litigation between the equity participants. Achieved 35% dividend for unsecured creditors from insolvent debtor.

Committee Representation

Represented Official Committee of Unsecured Creditors in hospital fraud case. Investigated insiders of debtor through series of multi-state BR 2004 examinations. Now working with chapter 7 trustees’ attorneys in breach of fiduciary duty litigation in successor chapter 7 cases.

Insurance Coverage

Represented insurance company along with two national law firms in Archdiocese of Portland Bankruptcy Case. Coordinated coverage litigation between multiple insurers, led numerous discovery issues and advised on bankruptcy and litigation strategy.

Involuntary Bankruptcy

Represented principal government construction contractor in involuntary bankruptcy case filed by disgruntled former sub-contractors. Successfully litigated contractor out of bankruptcy resulting in a dismissal of the involuntary bankruptcy case.

Bankruptcy Fraud

Represented plaintiff/creditor in defendant’s fraudulent bankruptcy case. Result: Extensive multiparty, multi-jurisdictional litigation leading to settlement for two times the cost of creditor’s attorney fees.

Litigation Defense

Represented construction contractor in reorganization to stop ruinous litigation from tort claimants. Confirmed plan of reorganization, objected to creditors claims resulting in healthy survival of debtor’s business, free from prior litigation issues.

Tax Liens

Represented construction contractor to remedy outstanding tax issues. Reduced federal taxes through an IRS offer in compromise, discharged additional federal taxes and state taxes in chapter 7 bankruptcy, paid IRS compromise through subsequent chapter 13 bankruptcy, discharging the remaining state tax liabilities in the chapter 13 bankruptcy.

Preservation of State Court Judgment

Represented tort judgment creditor in denial of discharge in judgment debtor’s chapter 7 bankruptcy case and successful objection to confirmation in judgment debtor’s successor chapter 13 case. Negotiated settlement secured by debtor’s appreciated real estate.

Foreclosure

Filed corporate chapter 7 to stop foreclosure to enable trustee to orderly sell appreciated property owned by distressed business and to give debtor’s principals the time to sever out and purchase from the trustee a profitable division from the debtor entity.

Dischargeability

Represented major credit card issuers in successful dischargeability objections and settlements in numerous bankruptcy cases.

Secured Creditors Rights

Represented various secured creditors in chapter 7 and chapter 13 proceedings to preserve their security interests in real property, personal property and future commissions and accounts receivable.

Preference Litigation

Successfully defended preference suit filed by debtor timber company against private New Mexico timberland owner. Debtor eventually assumed its contract with the timberland owner and assigned it to a creditworthy third party, assuring continuation of and satisfaction of contract.

Environmental Impact Litigation

• Successfully challenged a large timber sale in Eastern Oregon based on the Forest Service’s failure to address aquatic impacts. The lawsuit resulted in a proposed injunction against the Forest Service and, ultimately, the Forest Service withdrew the timber sale.
• Successfully challenged an old-growth timber sale in the Mt. Hood National Forest. After completing briefing, the Forest Service has abated this case and put the project on hold.

Environmental Administrative Proceedings

• Represent groups involved in state and federal administrative proceedings before such agencies as the Federal Energy Regulatory Commission, the United States Forest Service, the Bureau of Land Management, as well as other state and local agencies, counties and municipalities.

Clean Water Act Litigation

Field Jerger regularly prosecutes Clean Water Act enforcement litigation in Oregon, Washington and Texas which typically result in the funding of substantial projects to benefit the environment. Field Jerger also has extensive experience with water quality permitting (NPDES permits and dredge and fill permits) under the Clean Water Act and has successfully challenged and overturned state NPDES permits such as Michigan’s large concentrated animal feeding operation NPDES general permit. Administrative Law Field Jerger assists clients in challenging state environmental regulations (at the administrative level and then in Court). For example, we recently assisted Friends of Family Farmers and invalidated the Oregon Department of Agriculture’s Canola Rule which would have negatively impacted Oregon’s specialty seed industry. We regularly challenge state or federal environmental permits and have been intimately involved in the permitting of Liquefied Natural Gas terminals before the Federal Energy Regulatory Commission since 2006.

Public Lands Litigation

Since 2003, we have assisted non-profit clients challenging the actions of federal land managers such as the US Forest Service or BLM. For example, Field Jerger has sued the US Forest Service five times, challenging large timber sales and herbicide projects and has prevailed in each case.

Property Contamination

We assist property owners by prosecuting and defending environmental clean-up, contribution and cost recovery actions under state and federal clean-up laws.

CCB Claims

We represent homeowners and contractors in all phases of CCB claim processing, including on-site inspection, mediation, arbitration and contested case hearing. We assist contractors in defending defective work claims. We also help homeowners prosecute defective work claims against the contractor resulting in money judgments to be paid by the contractor or the contractor’s bonding company.

Lien Foreclosure Claims

We represent homeowners and contractors in lien foreclosure and breach of contract actions in state court. We assist lien claimants from material suppliers to general contractors in all phases of the construction lien process from lien filing to foreclosure. We also assist homeowners in successfully defeating lien foreclosure claims

Government Contracting

Represented government contractor and sued successor contractor and sub-contractor in multiparty litigation in US District Court in Los Angeles and separate arbitration in Portland, Oregon for construction defects on US Navy airfield job in Mojave Desert. Recovered significant settlement for client.

Bankruptcy and Construction

Successfully litigated government contractor out of involuntary bankruptcy and interstate NLRB and union disputes. We have represented many debtor contractors out of financial disasters and ruinous litigation through successful reorganizations in the US Bankruptcy Court.

Union Audits

We represent contractors through various union audits and related disputes.

Collection Work

Many contractor clients enlist us for work on collecting debts from other contractors and principals on disputed and undisputed, but hard to collect claims. Our litigation experience helps us cost effectively navigate our construction clients’ claims to judgment. Our collection expertise helps us find hidden assets and efficiently collect money for our clients.

Construction Fraud

We represent victims of construction fraud in CCB proceedings, state court and the U.S. Bankruptcy Court. We obtain financial recoveries for clients in difficult situations.

Construction Tax Issues

We have successfully resolved payroll withholding tax liabilities for many clients. We have resolved these issues through negotiations with taxing authorities, offers in compromise, litigation challenges to tax assessments, appellate work in tax court and bankruptcy discharges and reorganizations.

3rd Party Collection

Obtained judgment against insolvent debtor and guarantor. Discovered fraudulently transferred assets during judgment debtor examination and recovered in full from guarantor.

Commercial Services

Litigated against airline for major national long distance telephone company to recover significant unpaid charges.

Bankruptcy Collection

Represented major credit card companies in US Bankruptcy court to prevent discharge of fraudulently incurred charges.

Professional Fees

Sued multi-national corporation for immigration attorney and successfully collected his unpaid fees.

Surety Recovery

Represented surety against principal for full recovery of surety’s payments on personal representative’s bond.

Franchise Fees

Represented travel agency franchisor to collect from guarantor of franchisee on defaulted franchise fees.

Collection Strategy

Retained by law firm to advise on multi-state collection strategy for firm’s client’s eighty million dollar antitrust judgment.

Replevin

Recovesred leased equipment through provisional process on behalf of commercial lessor.

Probate Recovery

Collected judgment on behalf of un-noticed judgment creditor after discovering judgment debtor’s solvent probate estate.

Copyright and Patent Litigation

Field Jerger established its reputation in intellectual property litigation by defending a software company in a patent, copyright and trademark infringement case. The case, Jacobsen v. Katzer, was one of the first cases to address the cutting-edge issue of open source software licensing, where Field Jerger’s litigation led to important opinions from both the US District Court in California and the US Court of Appeals for the Federal Circuit. We successfully defended our our client, a significant Japanese importer, against a false patent marking claim in the US District Court in Texas. We also defend and prosecute copyright infringement cases, including cases involving computer downloads of copyrighted images or videos.

Trademark Registration and Protection

We register trademarks for our clients’ product or services and we help these clients enforce their intellectual property rights in their respective trade or service marks.

Transactional IP Work

We negotiate agreements for our intellectual property clients with software developers, end-users and content providers.