Practice Areas
Business Litigation
Construction
Environmental
Professional Experience
Bill represents mortgage servicers and lenders in prosecuting and defending mortgage foreclosure actions and defending lenders and servicers in "wrongful foreclosure" lawsuits in state and federal courts in both Oregon and Washington. Bill also represents general contractors, subcontractors, and material suppliers in all aspects relating to their businesses. This includes contract review and drafting, preparing construction bond and lien claims, and litigating all types of payment claims in state and federal courts. He also handles administrative claims against contractors' surety bonds.
In addition, Bill represents small to mid-size businesses with their legal needs, including contract disputes and collection of their accounts receivable. Because debtors sometimes attempt to hide assets or do not voluntarily pay the judgment entered against them, Bill also has extensive experience in pre-judgment provisional process and post-judgment collection enforcement.
Professional Organizations
Federal Bar Association
Multnomah Bar Association
Oregon State Bar
Washington State Bar Association
Education
J.D., Northwestern School of Law at Lewis and Clark College (1995)
B.A., Journalism, University of North Carolina, Chapel Hill (1989)
Oregon Trial Advocacy College
Environmental and Natural Resources Law Certificate, Lewis and Clark College
Publications
Author of Legal Corner in the Monthly NACM Business Credit Journal, 2005 - present
Author of Provisional Process Chapter in OSB Debtor/Creditor CLE
Admitted to Practice
Oregon State Bar
U.S. District Court, Oregon
Washington State Bar
U.S. District Court, Eastern District of Washington
U.S. District Court, Western District of Washington
Court of Federal Claims
Articles
Past Speaking Engagements
Webinar: Personal Guaranties, NACM Oregon (2012)
Oregon and Washington Lien Laws, Pacific Northwest Credit Conference, NACM Oregon (2010)
Collection Alternatives for the Family Law Practitioner, Oregon State Bar Family Law Section Meeting (2010)
Bond Claims: National Association of Credit Managers (2010) Business Procedures to Ensure Payment – NACM Webinar (2010)
The Tax, Insurance, Bonding, Lien and Contract Issues You will Encounter in the New Construction Climate Sussman Shank LLP, AKT LLP and BW Insurance Company (2010)
Construction Seminar - Protecting Your Right To Payment: Contract Issues, Construction Liens, and Construction (2010)
"Credit Talk" Webinar, NACM Oregon (2010-Present)
Effective Litigation Techniques for Trade Creditors Webinar: NACM Oregon (2010)
Oregon and Washington Construction Lien Law: NACM Oregon (2004 - 2013)
Associated File: "What Every Material Supplier Needs to Know" Oregon & WA Lien Law Presentation
Representative Work- Consumer Protection Act Defense
We represented a Washington homebuilder in a lawsuit filed against a real estate investor for breach of promissory note and the judicial foreclosure of the trust deed that secured the note. The defendant investor attempted to avoid liability for his obligations by asserting Washington Consumer Protection Act counterclaims against our client. At the trial court, we prevailed on a motion for summary judgment granting the client's claims against the investor and defeating the investor's Consumer Protection Act counterclaims. The investor appealed the trial court's rulings. On the appeal, we decisively defeated the investor's complex Consumer Protection Act arguments and the Court of Appeals affirmed the trial court's rulings.
- Health Care Facility Construction and Cost Recovery
We first advised a community hospital on a fast track design/build remedial system in conjunction with construction of a new facility. The property was heavily contaminated by fuel releases from an adjacent gas station. We sued the Responsible Party and obtained full recovery of past costs and a mechanism to recover future costs. We continue to advise the hospital on ongoing remediation and cost recovery issues.
