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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 …
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 …
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” …
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 …
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 …
By Litigation Practice Group On April 30, 2020, Oregon’s Department of Consumer and Business Services (“DCBS”) published Bulletin No. DFR 2020-2014 (the “Bulletin”) to provide guidance to Oregon-regulated collection agencies and debt purchasers to actively help debtors hit by the economic effects of the novel coronavirus. The Bulletin follows guidance issued at the end of March 2020 to lenders …
By Caleb Williams, Attorney in the Business & Taxation Law Practice Group Congress has approved additional funding for the Paycheck Protection loan program for small businesses. The action allocates an additional $310 billion to the program. The CARES Act, which created the loan program, allocated an initial $349 billion to fund PPP loans. That funding …
By Jennifer Paul, Attorney in the Employment Law, Litigation and Condemnation & Unconstitutional Takings Practice Groups Since the Families First Coronavirus Response Act (FFCRA) went into effect on April 1, 2020, there has been a push by government agencies to release regulations and guidance. The initial temporary rule was published on April 6, 2020, and …
By Margaret Gander-Vo, Real Estate & Land Use Attorney Notarizing deeds, wills, and other documents during the COVID-19 pandemic while attempting to maintain recommended social distancing practices as created a significant challenge. Some banks are utilizing drive-up windows to facilitate necessary witnessing. Other offices have implemented systems where the notary and the signer take turns …
By Litigation Practice Group On Friday, March 27, 2020, Oregon Supreme Court Chief Justice Martha clarified how Oregon State courts will operate as part of the state’s continuing response to the COVID-19 pandemic. In the form of a Chief Justice Order, Chief Justice Walters clarified which court processes must be conducted in person at Oregon courthouses …