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Breach of Fiduciary Duty
- Pendleton Grain Growers, Inc. et al. v. Farmers Warehouse and Commission Company (Washington State Superior Court for Klickitat County, Case No. 16-2- 00120-9): Testifying expert to plaintiff counsel in case involving Horse Heaven Grain, LLC, a joint venture undertaken by both parties and where plaintiff alleged that defendant engaged in improper related party transactions, conflicts of interest, and failure to distribute Horse Heaven’s cash flow. Performed an analysis of all related party transactions, prepared restated financial statements for litigation purposes, analyzed and rebutted business valuation prepared by defendant expert, prepared mediation exhibits and presentation, and assisted plaintiff counsel at mediation. Result: Summary judgement motion granted in favor of defendant.
- Thomas Michael Anderson, as Trustee for Timothy P. Moyer Trust et al. v. Fox Tower LLC et al. (Multnomah County Circuit Court, Case No. 1205-05664): Testifying expert to defense counsel in case alleging damages of $4.5 million for breach of partnership agreements, conversion, breach of fiduciary duty, accounting and constructive trust. Analyzed all transactions alleged by plaintiff to determine proper accounting, prepared analysis and exhibits for trial or settlement purposes. Result: Settlement.
- David Giller v. Douglas Westervelt (Multnomah County Circuit Court, Case No. 1305-06470): Testifying expert to defense counsel in case alleging damages of $6.3 million for breach of agreements, and breach of fiduciary duty. Analyzed related party transactions alleged by plaintiff to determine proper accounting, prepared analysis and exhibits for trial or settlement purposes. Result: Settlement.
- ABG V, LLC v. Alpenrose Company, Smith Brothers Farms, Inc. et. al (Multnomah County Circuit Court, Case No. 19CV35818): Testifying expert for plaintiff counsel in a case where 2% shareholders of a family-owned dairy commenced litigation to prevent the sale of the dairy to non-family owners claiming the Board of Directors of Alpenrose breached their fiduciary duty to the minority shareholders. Analyzed process of the Board related to the process for determining price and buyer, discovered unreported intangible lease value of approximately $15 million which would accrue to majority owners, analyzed unreasonable sale terms and valuation of proposed sale below liquidation value, and testified in trial regarding the same. Result: Judicial ruling for 98% plaintiff group.
- In the Matter of the Trusts created by Arthur Demuro (Deceased) (Multnomah County Circuit Court, Case No. 18PB05100): Testifying expert to defense counsel in case alleging Trustee breach of fiduciary duty, self-dealing, asset mismanagement, failure to keep adequate records, and inappropriate compensation among other items. Analyzed related trust agreements for permitted and prohibited transactions, reviewed financial information and tax returns, analyzed relevant transactions, prepared analysis of beneficiaries of relevant transactions, advised counsel related to each allegation for each transaction, prepared analysis and exhibits for trial or settlement purposes. Result: Settlement.