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

COVID-19 Orders May Increase Accessibility to Remote Notary Services

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

Limited Oregon Court Access in Response to Coronavirus

By Joshua D. Feil, Attorney in the 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

Oregon Temporarily Halts Certain Residential Evictions in the Fight Against COVID-19

By Joshua D. Feil, Attorney in the Litigation Practice Group On March 22, 2020, and in response to the COVID-19 pandemic, Oregon Governor Kate Brown issued Executive Order No. 20-11 (the “Order”), which temporarily stops all residential evictions in the state based on the nonpayment of rent. Given the impacts that the novel infectious coronavirus

COVID-19 FAQs – New Paid Leave Law Passed by Congress

By David Briggs and Randall Sutton, Attorneys in the Employment Law & Litigation Practice Group On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act.  The law met with large bipartisan support to combat the coronavirus. Of note for employers, are two new ways where employers may have to provide