Kathy is a senior litigation attorney with more than 30 years of experience. She possesses the knowledge and skills necessary to minimize clients’ risks, safeguard their assets, and defend their interests whether in the courtroom or at the negotiation table.
Her practice focuses primarily on complex commercial and consumer litigation. She handles securities violations, shareholder disputes, business torts, fraud claims, creditors’ rights, bankruptcy litigation and estate litigation, including guardianships, conservatorships, will contests, and trust disputes.
She represents individual and institutional clients, including credit card issuers, collection agencies, mortgage lenders, mortgage brokers, real estate buyers and sellers, contractors and fiduciaries.
Kathy conducts internal investigations of employee theft and wrongdoing, and has served as independent counsel for a corporate special litigation committee investigating claims against management.
- Asserted claims of aircraft lender for possession of aircraft collateral located in multiple jurisdictions and foreign venues.
- Defended telecommunications service provider from RICO and fraud claims asserted by monopolistic competitor.
- Defended alarm services company from securities claims following company’s financial restatements. Negotiated confidential settlement following plaintiff’s testimony at arbitration.
- Defended distributor of consumer electronics and software against claims of a major retailer for allowances for return credits and breach of warranties.
- Represented local manufacturer of railroad grade crossings against former supplier who misappropriated client’s confidential designs and processes. Obtained favorable settlement and affirmation of restrictions on further use of confidential information.
- Prosecuted breach of contract, misrepresentation, and violation of Consumer Protection Act claims on behalf of credit union arising from the ongoing purchase of retail installment contracts from car dealer. Obtained summary judgment on fraud claim, which led to favorable settlement.
- Represented shareholders against claims of oppressive conduct and breach of fiduciary duty.
- Prosecuted claim for accounting malpractice on behalf of fire district victimized by employee theft.
- Defended numerous mortgage lenders and servicers from various claims arising under Real Estate Settlement Procedures Act, Truth in Lending Act, litigation challenging MERS, wrongful foreclosure and other mortgage related issues.
- Defended national bank against claims for violation of the Fair Credit Reporting Act, Fair Debt Collection Practices Act and Telephone Consumer Protection Act.
Class Action Defense
- Defended credit union against class action claims for violations of Truth in Lending Act arising from force-placed collateral protection insurance.
- Defended commercial factor from class action claims alleging breaches of fiduciary duty and related tort claims. Obtained summary judgment, which precluded class certification.
- Defended alarm monitoring companies from successor liability claims arising from alleged violations of Consumer Protection Act. Negotiated settlement, which precluded class certification.
Bankruptcy and Creditors’ Rights Litigation
- Represented trustee against debtor to recover concealed assets and prosecute claims against third parties.
- Negotiated settlement recovery of $3.9 million on behalf of bankruptcy estate against former officers and directors of failed agricultural cooperative charged with accounting malfeasance and self dealing.
- Defended claims for nondischargeability based on fraud and false financial statement.
- Represented family member in complex collection, bankruptcy, and partnership dispute involving competing claims to ownership of property held by family limited partnerships.
- Negotiated global settlement of claims against tobacco manufacturer arising from violation of escrow statutes.
- Represented numerous lenders in complex commercial collections, including claims for replevin, foreclosure, and fraudulent transfers.
- Represented spouse of recalcitrant former spouse in collection of multi-million dollar divorce judgment.
Fraud Investigations and Litigation
- Prosecuted fraud and breach of contract claims against seller of 56-unit coastal hotel arising from failure to disclose material defects in property.
- Served on special litigation committee appointed by the board of directors of a publicly traded company to investigate claims of management and financial statement fraud. Claims were dismissed as a result of comprehensive investigation and report.
- Defended contractor/seller from claims of fraud and breach of contract arising from residential real estate transaction.
- Represented numerous employers in connection with investigations and recovery of employee thefts.
- Represented many beneficiaries in claims against personal representative and trustee for breach of fiduciary duty.
- Represented several trustees in defense of claims for breach of fiduciary duty and undue influence.
- Represented protected persons in guardianship and conservatorship proceedings.
Kathy presents litigation-related seminars to bar associations and trade groups, including the Oregon State Bar, National Business Institute, Northwest Bankruptcy Institute, and National Association of Credit Management.