Ater Wynne litigators have the highest level of expertise and deep experience in failed bank and professional liability investigations and litigation. During the Savings & Loan Crisis, Ater Wynne attorneys litigated against directors, officers, and accountants of failed financial institutions in the Northwest. Today, the firm represents the FDIC in failed bank investigations and litigation throughout the Western United States.
Ater Wynne’s expertise with D&O liability includes recent representative matters such as:
- representation of a shareholder derivative lawsuit alleging breach of fiduciary duties by officers and directors
- representation of a company in a lawsuit alleging misconduct by its former officers and directors; and a Special Litigation Committee in the litigation and evaluation of breach of fiduciary claims against a board of directors
- representation of a large investment fund, which is a major shareholder, debt holder, and lien holder of a corporation, in connection with claims against current and former directors and officers for breach of their fiduciary duties by such acts as fraudulently transferring corporate assets, making fraudulent misrepresentations, wasting corporate assets, and self-dealing
- defense of a large private corporation against claims for indemnification by former directors and officers who faced criminal and civil securities violations charges
- expert witness services and testimony as to the fiduciary duties of officers and directors in Oregon in a lawsuit and as an arbitrator in a dispute alleging breach of fiduciary duties by corporate directors and officers
Our firm also defends claims against directors and officers. Recent matters include:
- representation of an officer and director in Securities and Exchange Commission litigation that involved statutory and fiduciary duties
- representation of directors in a lawsuit that alleged breach of fiduciary duties in connection with the sale of assets of the business
- representation of directors of a credit union in a lawsuit that alleged breach of fiduciary duties
- representation of a CEO alleged to have breached fiduciary duties to a minority shareholder and, in another case, a CEO alleged to have breached fiduciary duties by engaging in accounting improprieties
- defense of directors and officers against tortious interference and fraud claims
- representation of companies in shareholder derivative lawsuits alleging breach of fiduciary duties by officers and directors
Ater Wynne also represents and advises directors, officers, and boards of directors of public and private companies as to directors’ and officers’ fiduciary duties, potential liability for breach of those duties, indemnification rights and obligations, and related issues. Our firm advises boards of directors as to their fiduciary duties to tribal government, tribal businesses, and tribal member electorates. Our bankruptcy partners frequently advises officers and directors as to their fiduciary duties when a business is in the zone of insolvency.
Our attorneys serve as expert witnesses in D&O and professional liability matters. Our attorneys also serve as counsel to the board of directors of corporations, regularly advising the boards regarding fiduciary duties, indemnification, D&O insurance, and other matters. Our firm also served as special counsel to a museum’s board of directors as to the fiduciary obligations of its directors and represented special committees of the board of directors investigating allegations of breach of fiduciary duties by officers or directors.