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Gregg D. Johnson
Partner
Gregg Johnson is both a business lawyer comfortable in the "board room" as well as a litigator experienced in the courtroom. His practice is focused on business profitability, which may include turnarounds and restructurings occurring either through negotiated deals or judicial proceedings (including bankruptcy).
Gregg's clients range from nationally prominent banks to closely-held businesses in Oregon. In 2007 FLIR Systems, Inc., a publicly traded company, retained Gregg as Interim General Counsel for its Commercial Division pending FLIR's search for an in-house attorney.
Gregg has nearly 25 years of experience in business law and litigation. His litigation experience includes both routine and unique issues of creditors’ rights and commercial law.
For example, in Spieker Properties LLP v. Bank of New York, et al., 268 F.3d 712 (9th Cir. 2001), Gregg successfully represented The Bank of New York as "senior" bond trustee in litigation filed in bankruptcy court, the federal District Court and the Ninth Circuit Court of Appeals by a trade creditor who attempted to interfere with BNY’s payment rights with respect to over $100 million in senior bonds.
In State of Oregon v. Witcosky, Trustee, 96 F.3d 1328 (9th Cir., 1996), aff’g 175 B.R. 397 (D. Or. 1994), Gregg represented the bankruptcy trustee in defeating the State of Oregon’s administrative claim for costs incurred in connection with closing nursing homes. In Safeco Credit Co. v. U.S. Bancorp Leasing, 833 F. Supp. 833, 21 UCC Rep.Serv.2d 821 (D. Or. 1993), Gregg enforced a subordination agreement against a bank with the court writing that the issue was one of first impression.
Gregg’s experience in corporate insolvency cases involving publicly-traded securities range from aeronautics supplier Pacific Aerospace & Electronics (representing bond trustee in $75 million "PIK" securities exchange); the bankruptcy reorganization of mortgage lender Southern Pacific Funding Corporation (representing The Bank of New York as bond trustee); airline America West (representing aircraft lessor); lumber supplier WTD Industries (representing debtor-in-possession); horticultural supplier Melridge (corporate counsel to debtor-in-possession); and retailers Smith’s Home Furnishings (representing landlords and inventory lender), Ernst Hardware, and McCrory’s (representing landlords).
Gregg has published extensively in the area of commercial law and creditors’ rights, and his publications have been cited as authority in published court decisions. See, e.g., Official Committee of Cybergenics Corp. v. Chinery, et. al., 330 F.3d 548, 584 (3d Cir. 2003 (en banc) (Fuentes, Sloviter, Alito and Smith, dissenting); In re Lease-a-Fleet, Inc., 148 B.R. 419 (Bankr. E.D. Pa. 1992); In re Brown, 147 B.R. 55 (Bankr. D. Mass. 1992). Gregg has taught the Uniform Commercial Code at Lewis & Clark Law School, and has served as Chair of the State Bar Joint CPA Committee.
Gregg lives on a small ranch outside of Portland where he shovels a lot of horse, llama and alpaca manure.
Professional Experience
Ater Wynne LLP, Portland, Oregon, Partner, 1993 to present
Northwestern School of Law of Lewis & Clark College, Adjunct Professor of Commercial Law, 1991 to 1992
Education
Georgetown University Law Center, J.D., 1983
University of Chicago, M.A., 1980
Stanford University and University of Idaho, M.A., 1977
University of Colorado, B.A., 1975
Admitted to Practice
Oregon, 1983
Professional Activities
Oregon State Bar
Oregon State Bar, Joint Certified Public Accountants’ Committee, Chair
Community Activities
Christie School, Board member
Representative Publications and/or Presentations
Structuring and Documenting Transactions Oregon State Bar. 1999 & 2006 supp.
Review of Risks to Indenture Trustees (Co-Author). J. Bankr. Law. 2005.
Recovering a Creditor’s Expenses and Legal and Accounting Fees as an Administrative Claim. 5 Bankruptcy Developments Journal. 463. 1988.
Protecting Secured Interests in Bankruptcy. National Business Institute. 1995. Disclosure Statements. Bankruptcy Law Manual. 1995.
Receivership or Custodianship Involving Corporate Assets. (Co-Author) Prentice-Hall Law & Publishing. 1993.
Secured Transactions-UCC Article 9. Oregon Law Institute. 1991.
Drafting Settlement Agreements on the Eve of Bankruptcy. (Co-Author) 7 Bankruptcy Developments Journal. 360. 1990.
Stimulating Active Bidding for Bankruptcy Assets. Oregon Debtor-Creditor Section. 1992. |
