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

Seven Saalfeld Griggs PC lawyers named to 2022 Best Lawyers® list

Salem, OR, United States, August 19, 2021 — Saalfeld Griggs Business Lawyers is pleased to announce that seven of its lawyers have been recognized in the 2022 Edition of The Best Lawyers in America. Recognition by Best Lawyers is based entirely on peer review using methodology designed to capture, as accurately as possible, the consensus