Practice Areas
Business Litigation
Construction
Estate and Trust Administration/Dispute Resolution
Health Care
Professional Experience
Michael has over twenty years of experience litigating complex business disputes, construction claims, creditor's rights, estate and trust disputes, and warranty claims. Michael's bottom line and client-centric approach leads to early and cost effective resolution of disputes whether through direct negotiation, mediation or arbitration. He represents businesses and individuals in a wide range of industries and issues, including the following:
• Construction
• Equipment Financing and Leases
• Estates and Trusts Disputes
• Fiduciary Liability
• Food Manufacturing
• Limited Liability Company and Partnership Disputes
• Purchase and Sale of Businesses and Assets
• Viatical Investments
• Wholesale Distributing
Michael is a native of Oregon and chairs the Firm's Litigation Practice Group. He was a member of the firm's management committee for six years and past chair of the Business Litigation and Construction practice areas. Michael has spoken extensively on construction law and business litigation topics.
Michael is admitted to practice law in Oregon and Idaho.
Professional Organizations
American Bar Association
Construction Forum
Litigation Section
Oregon State Bar
Alternative Dispute Resolution Section
Business Litigation Section
Construction Law Section
Debtor/Creditor Section
Litigation Section
Multnomah County Bar Association
Education
B.S., cum laude, Western Oregon State College
J.D., Northwestern School of Law at Lewis and Clark College
Civic Organizations
Beaverton School Board, School Safety Committee
Greenway Neighborhood Association; Board Member
Lewis & Clark College Alumni Association
Mt. Hood Forest Homeowners Association; Board Member
The Scleroderma Foundation, Oregon Chapter
West Hills Junior Soccer Club
Publications
Oregon State Bar Continuing Legal Education
Civil Litigation Manual
"Collection of Judgments" (1993, 1995 and 1999)
"Provisional Process" (1993, 1995 and 1999)
"Bonds and Undertakings" (1993, 1995, 1999 and 2004)
Foreclosing Security Interests
"Construction Liens" (1995, 1998, 2001 and 2004)
Multnomah Bar Association Continuing Legal Education
"Provisional Process"
"Writs of Garnishment"
Article 9 Foreclosure Sales
Admitted to Practice
Idaho State Bar
Oregon State Bar
U.S. District Court, Oregon
Past Speaking Engagements
12th Annual Southwest Business and Construction Credit Conference (2012)
Washington and Idaho Lien Law and Bond Claims: NACM Oregon (2012)
Southwest Business and Construction Credit Conference: NACM of Arizona (2010-2011)
Construction Claims Webinar (Joint Checks; Import and Delay Claims): NACM
Creditors Rights Seminar: Weathering the Economic Storm: Sussman Shank LLP (2008)
Construction Seminar - Protecting Your Right To Payment: Contract Issues, Construction Liens, and Construction Bond Claims
Oregon and Washington Construction Lien and Bond Law: NACM Oregon (2001-present)
Oregon Construction Law Seminar: Lorman Education Services (2002)
OSCPA Construction Industry Conference: OSCPA Continuing Professional Education and Associated General Contractors (2004-2005)
Pacific Northwest Credit Conference: NACM Oregon, Case Law Update: Liens, Bonds, Joint Checks (2010).
Pacific Northwest Credit Conference: NACM Oregon (2003)
Premier Multi-State Construction Lien and Bond Seminar: NACM of Arizona (2002-2004)
Sussman Shank Annual Employment Law Seminar: Sussman Shank LLP (2002-2005)
Writing the Employee Handbook in Oregon: Lorman Education Services (2002)
Representative Work- Successfully defended a high-tech equipment manufacturer against fraudulent transfer and business interference claims seeking more than $6 million in damages. Expert testimony from an equipment appraiser and industry expert let to a trial verdict awarding the plaintiff nothing.
- Represented a national bank and successfully obtained pre-judgment appointment of a receiver and recovery of personal property to take over the debtor's business operations which effectively offset the bank's existing collateral and personal guarantees which were virtually worthless. Within two months litigation was concluded and the bank collected its entire debt.
- Successfully defended a roofing materials manufacturer against claims of breach of warranty, negligence and product liability asserted by a hotel chain owner. We used mediation to resolve claims by multiple parties exceeding $3 million.
- Represented the owner of a hospital and medical clinic in a delay, impact and change order dispute against one of the largest general contractors in the Northwest and two subcontractors. Our client faced a claim in excess of $1 million which we successfully resolved in less than six months without resorting to litigation, formal mediation or arbitration. The general contractor and subcontractor accepted less than 30% of their original claim amount.
- Successfully defended an owner/developer's allegations against an electrical subcontractor on a $3 million project and recovered all sums owed our client. This case was unique because the main controversy was submitted to binding arbitration. After obtaining a favorable arbitration decision, we enforced our client's construction lien in court.
- Defended national distributor of commercial and residential plumbing materials in action by general contractor for product liability, breach of warranty and "bet the company" loss of profits and business opportunities. Client settled for less than 1% of the general contractor's claim as a result of meticulous review of produced documents leading to the a concession that the general contractor suffered no lost profits or business opportunities.
- Successfully extricated two members from a limited liability company that was rife with questionable accounting practices, misrepresented operations and intertwined with multiple companies and multiple different entities owned by the other member or his relatives. After intensive discovery and mediation, our clients came away with ownership of all of the key assets of the parent company, terminated their liability for all past actions and conduct of the intertwined sister companies, and have since turned the principal asset into a profitable company.
- Successfully defended manufacturer of synthetic wine corks against claims by a winery for breach of warranty, product liability and negligence.
- A viatical company refused to disclose the status of our client's investment of over $800,000 in various life insurance policies. After obtaining one of the first federal court judgments in the country against the viatical company and its local broker and despite the seizure of the company's assets one state agency and appointment of a receiver in another state court, our client recovered over 75% of his original investment.
- $400,000 settlement obtained for processor of ground beef from federal agency through ground breaking administrative claim for client's economic losses arising out of first Mad Cow finding in the United States and subsequent recall of client's ground beef from wholesale and retails customers.
