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Experience
Downey Brand LLP, Past Managing Partner; Litigation Department, Former Chair
Business and Commercial Litigation
Lead Counsel for a large financial institution in a class action by the class representative challenging the reaffirmation practices of the lender. The matter was expeditiously and favorably resolved.
Lead Counsel for financial institutions in a variety of lender liability actions, all of which were favorably resolved by settlement or Order in the favor of the lender.
Lead counsel for a financial institution in multiple cases that were joined and coordinated where it was claimed that there was a RICO conspiracy, among other allegations, among the Bank and various defendants. The matter was resolved just prior to hearing on the Bank's summary judgment with the plaintiff's affirming liability to the Bank and dismissing all claims.
Lead counsel for a prior operator of a large gas field in litigation with the successor operator and owners over the meaning and implementation of a Joint Operating Agreement. The matter was successfully tried, and the prior operator obtained judgment on all counts in its favor.
Counsel for a shopping center developer in a matter where a former tenant claimed damages of several million dollars for the failure of his business. The six week jury trial of this matter resulted in a defense verdict for the developer.
Business and Corporate
Outside General Counsel for financial institution for over ten years. In this role provide legal advice at all Board of Director and Director Loan Committee meetings, attend all shareholder meetings as the Bank's legal counsel, advise the Board and management on various lending practices, review/revise loan documentation and other agreements, among other matters.
Environmental
Lead counsel in representation of PRP at complex multi-party soil and groundwater site affecting 600 acres located in a Sacramento Valley city.
Lead counsel in a cost recovery action involving soil and groundwater contamination at a wood products remanufacturing facility which operated for over 80 years in Northern California. Multiple sources of alleged contamination from pentachlorophenol and lead were alleged.
Lead counsel for a forest products company in administrative proceedings and negotiations for cleanup of a forest products facility in northern California.
Lead defense counsel for a major products company in a Clean Water Act case.
Lead counsel for a timber products company in administrative proceedings and negotiations with various regulatory agencies for cleanup of a federal Superfund site in Northern California.
Lead counsel for a client in a several million dollar cost recovery/damage claim involving a landfill in southern California where it is alleged hazardous waste from geothermal plants has been deposited.
Lead counsel for the FDIC seeking RCRA relief regarding a site allegedly contaminated by onsite and offsite underground storage tanks.
Lead counsel for a large tire recycler in disputes with the Integrated Waste Management Board.
Lead counsel for a Northern California County regarding litigation arising from a site allegedly contaminated by certain underground storage tanks.
Administrative
Lead counsel for the fiscal intermediary that processed Medi-Cal claims in various contract disputes with the State of California.
Lead counsel for the awardee in one case, and the protestant in the other case, in what were at the time the largest State government non-construction bid protests in California.
MEMBERSHIPS
Reggie Theus Foundation Advisory Council, Member
Federal Bar Association, Member
State Bar of California, Environmental & Litigation Sections, Member
Michigan State Bar (Inactive), Member
State Bar of California, Litigation Section, Past Co-Chair Sacramento Program Committee; Past Member Executive Committee
American Bar Association, Natural Resources, Energy and Environmental Law and Litigation Sections, Member
United States District Court for the Northern District of California, Admitted to Practice
Sacramento County Bar Association, Environmental Section, Member
Los Angeles County Bar Association, Member
Milton L. Schwartz Inn of Court, Former Member
Valley Vision Leadership Council, Member
EDUCATION
University of Michigan (J.D., 1975)
University of Michigan (M.U.P., 1975)
University of California, Davis (B.S., Highest Honors, 1971)
PUBLICATIONS
American Bar Association, Environmental Litigation Committee Newsletter, Former Co-Reporter for Ninth Circuit
ELR News & Analysis, Covering Pollution Damage as a Personal Injury: A Recent California Case Bolsters Insureds' Arguments for Coverage, March 1996, Co-Author
American Bar Association, 8th Annual Environmental Litigation Committee Midyear Meeting, Common Law Theories of Recovery for Environmental Contamination, February 1996, Co-Author
PRESENTATIONS
California Environmental Trial Academy, Common Law Theories, 1996, Speaker
State Bar of California, 1995 Annual Trial Symposium, Chair of Voir Dire Section of Annual Symposium
Sacramento County Bar Environmental Section Annual Conference, Practical Aspects of Environmental Litigation, 1995, Speaker
State Bar Litigation Section, Sacramento Program Committee, "Alternative Dispute Resolution: More Than An Alternative?", 1995, Organizer
State Bar Litigation Section, Sacramento Program Committee, "White Collar Crime for Civil Attorneys," 1992, Organizer
CHARITABLE
Valley Vision Leadership Council, Member
Diogenes House, Board of Directors, Former Member
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