Andrew R.Escobar

Representative Securities and Corporate Governance Litigation Engagements

• Defending bank against claims brought by over a dozen borrowers who transacted with oil-and-gas company that turned out to be a Ponzi scheme.
• Prosecuted claims against former president and minority shareholder of India-based staffing company for embezzlement and related misconduct. Secured successful resolution after taking certain corporate governance actions and filing suit.
• Prosecuted state securities claims on behalf of investors in now-defunct sports helmet manufacturing company. Achieved significant settlement for clients while summary judgment motion was pending.
• Prosecuted state securities claims on behalf of Canadian investor in green-tech company. After successful partial summary judgment motion, secured settlement amount that exceeded value of client’s investments.
• Represented numerous publicly traded regional banks and their directors in shareholder class actions filed in Washington, Oregon, and Idaho challenging acquisition deals. Efficiently secured dismissal of each class action after mooting claims through supplemental disclosures.
• Defended venture capital fund and its general partner in derivative action filed by limited partner. Won dismissal motion that ended litigation.
• Prosecuted state securities claims on behalf of investors in early stage technology company. Secured very favorable settlement on eve of trial.
• Defended China-based international telecommunications company in shareholder class action as well as in Section 16 shareholder litigation.  Secured prompt favorable resolution of both matters for client.
• Represented foreign biopharmaceutical company in federal securities class action challenging its acquisition by a competitor. Secured dismissal of action after mooting claims through supplemental disclosures.
• Defended underwriters in federal securities class action alleging false statements and omissions in connection with registration statements for sale of securities in oil-and-gas royalty trusts. Won dismissal of claims with prejudice.
• Represented SaaS company in federal securities class action alleging false statements and omissions in connection with its acquisition of another company. Won dismissal of all claims with prejudice through early dismissal motion.
• Defended mobile advertising analytics company in federal securities class action alleging false statements and omissions in connection with adverse business development. Secured voluntary dismissal of action without settlement following successful venue transfer motion and threatened dismissal motion.
• Represented mobile data services company in federal securities fraud class action and related state derivative action alleging false statements and omissions in connection with company’s public disclosures. Won dismissal with prejudice of securities class action claims, after which derivative action was voluntarily dismissed. Dismissal unanimously affirmed by Ninth Circuit.
• Defended Chinese dairy product company in shareholder class action challenging its acquisition by Morgan Stanley-related private equity entity. Defeated plaintiffs’ motion to enjoin transaction, thereby allowing the transaction to close; won dismissal motion.
• Represented aerial roof measurement company in dissenters’ rights proceeding involving former director that was worth more than $10 million. Secured complete victory for client following three-week bench trial; successfully defended result on appeal.
• Defended China-based stevia manufacturing company in federal securities fraud class action alleging false statements and omissions in connection with revenue projections and new product line. Secured dismissal with prejudice of all claims.

Representative Real Estate Litigation Engagements

• Prosecuting claims on behalf of real estate developer and owners’ association against current owner of one part of large mixed-use development’s public parking garage. Secured victory for clients through partial summary judgment and successful bench trial.
• Representing real estate developer in various commercial lease disputes with defaulted tenants
• Defended real estate developer in dispute with former president and minority shareholder involving Opportunity Zone project. Secured successful resolution following significant wins with early motions.
• Prosecuting illegal and flawed procurement claims against University of Washington relating to development of proposed $250 million building.
• Defended national retail company in various COVID-19 lease disputes with stores’ landlords.
• Represented real estate developer in billion-dollar site in connection with dispute with project’s silent partner.  Achieved beneficial settlement after hard-fought litigation that enabled client to buy out silent partner and thus allow development to continue.
• Prosecuted claims in arbitration against seller of luxury estate property in Oregon. Secured complete victory for client following three-day arbitration, as well as attorney’s fees award.
• Defended real estate developer of billion-dollar site in arbitration with its largest subcontractor, including prosecution of counterclaim relating to kickbacks paid by subcontractor to client’s employee.
• Represented Israel-based investor group in connection with construction of housing development, including pursuit of fraud and kickback claims against general contractor.
• Represented Canadian cannabis research company in dispute with landlord over former facility.
• Defended railway company in dispute with tribe regarding use of rail easement crossing the tribe’s reservation.
• Represented bank in action to foreclose on senior loan after junior lender took title to property. Defeated junior lender’s suit to stop foreclosure, secured fee award, and defended result on appeal.
• Defended real estate and rental marketplace technology company in securities class action based on board’s decision to issue dividend of non-voting stock to all shareholders. Secured dismissal with prejudice of lawsuit based on initial dismissal motion.
• Represented national bank in foreclosure of commercial property and pursuit of loan guarantors. Defeated suit by borrower and guarantors to enjoin foreclosure and sale of property, and collected deficiency against borrowers.
• Prosecuted claims for Canadian gold-mining company in dispute over Oregon properties it acquired. Secured favorable result for client.

Representative Consumer Litigation Engagements

• Represented real estate broker in Telephone Consumer Protection Act class action.
• Defended regional bank in consumer class action alleging improper overdraft fees.
• Represented peer-to-peer car sharing company in consumer class action challenging fees charged in connection with protection plan and seeking statutory treble damages.  Defeated action through early dismissal motion victory.
• Defended payday loan provider in consumer class action challenging interest rates charged by provider and seeking statutory treble damages. Defeated class action through successful early dismissal motion.
• Represented grocery store chains in consumer class action alleging unfair trade practices in connection with pricing of meat products. Won significant pre-discovery dismissal motions.
• Defended Oregon-based virtual receptionist company in nationwide consumer class action alleging improper fees and billing practices.
• Represented transportation company in multimillion-dollar dispute with consumer. Won venue transfer motion by enforcing terms of use in browse-wrap agreement.
• Defended real estate technology company in dispute with consumer. Secured dismissal with prejudice after winning venue transfer motion that enforced terms of service contained in browse-wrap agreement.

Representative Complex Commercial Engagements

• Defending social media businesses and their owners against trade secret claims.
• Representing band in copyright lawsuit against sellers of counterfeit merchandise sold in advance of tour’s concerts.
• Prosecuting trade secrets claims on behalf of aerospace company against former employees and emerging competitor that they joined.
• Prosecuted trade secrets and corporate governance claims against former president and officer who absconded with client’s investment in company and has breached a licensing agreement.
• Prosecuted trade secrets claims on behalf of intellectual property owner against early stage green tech company. Secured favorable settlement.
• Represented CBD pharmaceutical company in dispute with credit card processor. Secured favorable settlement after filing lawsuit to retrieve client’s funds.
• Defended international accounting firm in connection with petition to compel arbitration. Defeated petition through early dismissal motion.
• Prosecuted trade secret and Consumer Protection Act claims on behalf of sports training business client against former NFL player and employee who began competitive business while still employed. Secured temporary restraining order and preliminary injunction against former employee and competitive business before winning motion for summary judgment.
• Represented aerial roof measurement company in contract dispute with key business partner concerning renewal of multi-year agreement and change of control provision relating to warrants held by contract partner. Secured significant victories with the trial court and Ninth Circuit with respect to client’s request for preliminary injunction.
• Prosecuted breach of contract and trade secret claims on behalf of India-based software development services and IT staffing company. Secured summary judgment victory holding defendant liable for breach of contract and trade secret violations.
• Defended aviation services company in dispute with fuel supplier arising from acquisition of helicopter services subsidiary from now-defunct company.
• Represented individuals and affiliated companies in related bankruptcy adversary proceedings alleging fraudulent transfer claims. Secured dismissal of all claims against clients on initial, pre-discovery motion in one proceeding, and achieved favorable settlement for client in the other proceeding.