Thomas L. Hutchinson

Practice Experience

Tom Hutchinson's litigation practice focuses on advising businesses and individuals regarding a wide range of issues with an emphasis on disputes involving financial matters. After obtaining a Bachelor of Science degree in Accounting, he spent three years as a financial consultant with a top-tier CPA firm. His areas of expertise include all varieties of commercial disputes, litigation involving claims against attorneys, accountants, and financial advisors, and general contract litigation. He has been involved in a number of matters involving Registered Investment Advisors, hedge funds, venture capital funds, and mortgage backed securities.

Representative cases include the following:

Represented Broker-Dealing in $5 Million Securities Claim: (Oregon State Court). Represented Broker Dealer in claims brought against it for its Registered Representative's violation of Oregon Securities Law. Claims involved selling away and related to a Ponzi scheme perpetrated by a rogue financial services agent.

Represented Debtor in $375 Million Loan Dispute (U.S. Bankruptcy Court, Montana). Represented debtor–in–possession in adversary bankruptcy proceeding challenging validity of $375 million security interest of major global investment bank. Resulted in a court ruling against bank, subordinating its secured position. Court found bank's offshore syndication of "recapitalization loans" to owners of resort real estate developments was a predatory lending practice. Also litigated claims of breach of fiduciary duty against former owner of debtor seeking repayment of more than $200 million of loan proceeds taken out of debtor company.

Represented Venture Capital Funds in Claims Against Fund Manager and CPAs (Multnomah County, Oregon). Represented three venture capital investment funds in a five week jury trial resulting in a $60 million verdict in favor of clients. Jury found conversion and breach of fiduciary duty on the part of the fund manager and fraud and negligence on the part of CPA firm. Jury award included $15 million in punitive damages.

Represented Hedge Fund CPA in Claims Brought by CFTC Receiver (U.S.D.C., New Jersey). Represented CPA in connection with claims made by receiver of fraudulently operated hedge fund. Defended CPA firm against claims of negligence and participation in fraudulent scheme to defraud investors. Worked cooperatively with the U.S. Commodities Futures Trading Commission and the North Carolina U.S. attorney's responsible for prosecuting criminal charges against the hedge fund managers.

Represented Insurer in Lost Profits Claim (Cook County, Illinois). Represented insurer in connection with claims made by insured for in excess of $5 million of future lost profits allegedly arising out of property damage. Appellate court judgment in favor of client dismissing insured's claims and dismissing subsequently filed bad faith claim.

Represented Former NFL Quarterback (U.S.D.C., Oregon). Represented former NFL quarterback, and succeeded in transferring Oregon litigation filed by Lloyds of London to Los Angeles, CA where litigation had previously been filed by client. Litigation related to a $5 million disability policy.

Represented Pension Fund in Claims Against Investment Monitor (U.S.D.C., Oregon). Represented union trustees in connection with claims against pension fund investment monitor. Claims related to millions of dollars of damages arising out of investment monitor's failure to communicate known misconduct on the part of Capital Consultants, an investment advisor managing pension fund assets. Claims included breach of fiduciary duty and aiding and abetting the tortious conduct of Capital Consultants.

Represented Developer in Malicious Prosecution Case (Multnomah County, Oregon). Defended developer in connection with malicious prosecution claims brought by neighbor who opposed development. Successfully obtained summary judgment in favor of developer. Trial court's decision was affirmed on appeal.

Represented CPA Firm in Embezzlement Claim (Multnomah County, Oregon). Defended CPA firm against claims arising out of embezzlement by CPA firm's employee of client funds.

Represented CPA firm in Claims of Overvaluing Assets (Marion County, Oregon). Defended CPA firm against claims by buyer of CPA's client's real estate agency. Claim alleged CPA firm gave opinion which overvalued assets and inflated purchase price.