Insolvency Risk and Guaranty Pitfalls

by Erich Paetsch, Chair, Financial Services Industry Group A common requirement of financing and contractual agreements is a guaranty. The reasons to include one are numerous. For example, when multiple entities are involved or a lender would prefer a strong personal commitment to a project or business, a guaranty reduces liability or guarantees performance by

Major Questions About Agency Regulatory Powers Growing

by Erich Paetsch, Chair, Financial Services Industry Group A common theme expressed in the financial services industry is concern over the scope, extent and burden of regulatory action. The so called “administrative state” is a critical actor interpreting, implementing, and enforcing statutes against lending institutions and businesses generally. Congress has historically deferred to federal agencies

Lenders must “reasonably” investigate consumer complaints under the Fair Credit Reporting Act

by Erich Paetsch, Chair, Financial Services Industry Group Recently, the Ninth Circuit Court of Appeals in Gross v. CitiMortgage considered the extent to which financial institutions furnishing consumer credit information to reporting agencies must investigate consumer disputes. The Court reaffirmed an earlier decision that requires “furnishers” to conduct investigations that must be at least “reasonable”

Into the Void: Repealing HB 4204 and HB 2009

by Erich Paetsch, Chair, Financial Services Industry Group At the outset of the Covid-19 pandemic, public health measures designed to save lives also dramatically impacted the economy. Concerned about the unprecedented economic impact of public health measures, Oregon’s legislature rapidly created laws with limited public input intending to blunt the economic impacts of public health

Employers Who Can Use Some Change: A Lesson from a Pile of Pennies

  A story has been circulating recently about an auto repair shop that paid their former employee’s final paycheck in pennies. Nobody likes loose change, especially when it’s dumped on your driveway and adorned with your paystub that has an expletive spelled out on it. In January of 2021, the former employee of the auto

Saalfeld Griggs PC Announces New Partner

Saalfeld Griggs is pleased to announce that Eric Tweed has become a partner in the firm effective January 1, 2022. Eric Tweed joined the firm in 2014 and his practice is focused on business law. Eric’s typical engagements include business sales and acquisitions, commercial contracts, corporate governance, and trademark registration and licensing matters. Eric is

Creekside Golf Course Case Update: Oregon Court of Appeals Affirms Trial Court Judgement

The Oregon Court of Appeals affirmed the trial court judgment confirming the owners of the Creekside Golf Course expressly retained the right under the recorded covenants, conditions, and restrictions to “modify, expand, contract, discontinue, convert, transfer, or sell the golf course or related facilities.”  The Court of Appeals further affirmed the award of attorney fees

Expect the Unexpected – The Large Employer Vaccine Mandate is Back (?)

By Randall Sutton, Partner – Employment Law & Litigation Practice Group   When it comes to COVID-19, things change quickly, and it can be difficult to predict what will happen next.  I reported last week here that all of the federal vaccine mandates were in disarray and on hold based on legal challenges. That changed