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

Salem Chamber Public Policy Meeting: Employer Vaccine Mandates

  Randall Sutton, an employment law and litigation attorney here at Saalfeld Griggs PC, spoke about employer vaccine mandates at the Salem Chamber’s most recent Public Policy meeting. Click here to watch the meeting from September 2nd, and navigate to minute 35:45 to hear the beginning of Randy’s talk.     Randall Sutton is a

COVID-19 Mortgage Foreclosure Moratorium Extended

By Financial Services Industry Group On August 16, 2021, Governor Kate Brown signed Executive Order 21-30, which extended the mortgage foreclosure moratorium emergency period of House Bill 2009 (2021) to 11:59 p.m. on December 31, 2021. The Oregon State Legislative Assembly passed HB 2009 during its first regular session in 2021. The law temporarily halted

Mandatory Employee Vaccination Policies – Questions & Answers

By Randall Sutton, Partner – Employment Law & Litigation Practice Group   As the Delta Variant continues to keep COVID-19 on the forefront of employers’ minds, I’ve received a lot of calls about the legality of vaccine mandates and issues for employers to consider.  Viewpoints on the merits of mandatory vaccination policies vary dramatically. This

CFPB Provides Guidance to Lenders Regarding PPP Loans

By Shannon Raye Martinez, Attorney in the Creditor’s Rights & Bankruptcy and Litigation Practice Groups On May 6, 2020, the Consumer Financial Protection Bureau (CFPB) published a policy statement answering three questions relating to the Paycheck Protection Program (PPP). The policy statement clarifies when a creditor is required to provide notice to the loan applicant