Overview
Todd’s practice focuses on representing commercial property and business owners throughout Washington and Idaho in high-stakes litigation.
With more than 34 years of experience, Todd has tried more than 60 cases to verdict, including in bankruptcy court. He has extensive commercial real estate, creditors’ rights and business litigation experience, and also represents employers in workplace safety matters.
In the area of commercial real estate, Todd has a notable track record of success representing landlords in lease disputes and unlawful detainer litigation. He has guided lenders through loan disputes, workouts, receiverships, judicial foreclosures and bankruptcy proceedings for many years.
Beyond acting as secured creditor and commercial real estate counsel for clients operating in a broad range of industry sectors, Todd also supports business clients in contract and real property litigation.
Todd’s skill and ability to find creative solutions for his clients have earned him a stellar reputation, and he is regularly featured by The Best Lawyers in America for commercial litigation.
Outside of work, Todd enjoys spending time outdoors, skiing or cycling.
Areas of Focus
Admissions
- Washington, 1991
- Idaho, 2002
- U.S. District Court, District of Idaho
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Western District of Washington
- U.S. Court of Appeals for the 9th Circuit
Education
- J.D., Seattle University School of Law, 1991
- B.A., University of Washington, 1988
Honors & Recognition
- The Best Lawyers in America© Commercial Litigation, 2020-present
Experience
Real Estate and Secured Creditors
- Serves as defense counsel for a national commercial bank against an alleged fraudulent transfer claim seeking to claw back payments it received from a court-approved sale under 11 USC § 363. The matter presents significant issues of bankruptcy law relating to Section 363 sales and alleged Ponzi schemes.
- Represents a secured creditor in a major farm bankruptcy. The central issue relates to a dispute with the Unsecured Creditors Committee regarding the terms of an agreed repayment of an $8 million bridge loan.
- Represents one of the largest freight railways in the United States in ownership disputes under the Railroad Act of 1864.
- Represents a leading national supply chain and pallet management company in cases brought by commercial landlords seeking to terminate their leases.
- Defended a non-profit in Bellevue, WA that provides housing, education and career training for women, which was the prospective buyer in an interpleader dispute regarding earnest money. We secured a favorable settlement on behalf of our client.
- Represents landowners in adverse possession and easement actions.
- Represents landlords in commercial lease negotiations and litigation, including commercial unlawful detainer.
- Represented hotel owners in Local Improvement District litigation.
- Represents lenders in workouts, receiverships, judicial foreclosures and bankruptcy matters.
Business and Labor & Employment Litigation
- Represented a Spokane-based home buying business in a dispute regarding the validity of a right of first refusal.
- Represented a major residential lender and their borrowers in a lien priority dispute that involved bona fide purchaser status and negotiated a favorable settlement, ultimately resolving the dispute.
- Defended numerous employers against citations for safety violations by the Washington State Department of Labor and Industries, resulting in reduced penalties for our clients.
- Defended agricultural operations in regulatory litigation related to COVID-19.
- Defended employers in wage and hour class action cases.
- Represented numerous employers in departing employee cases, including covenants not to compete and trade secret matters.
- Defended national retailer in product liability claim.
Environmental Litigation
- Defended toxic tort claim involving alleged death of dairy herd.
- Defended owner of numerous gas stations in state enforcement action.
- Won favorable trial verdict in allocation case regarding PCB-contaminated property.
- Represented parties in multi-party hazardous waste case, including consent decree negotiations.
- Represented numerous business owners in contribution and agency enforcement actions.
News & Insights
News
71 Foster Garvey Attorneys Recognized Among the 2026 Best Lawyers in America; Paul Trinchero Named ‘Lawyer of the Year’
08.21.25
65 Foster Garvey Attorneys Selected to The Best Lawyers in America® 2025, Three Named ‘Lawyer of the Year’
08.15.24
57 Foster Garvey Attorneys Recognized Among the 2024 Best Lawyers in America; Two Portland Attorneys Named ‘Lawyer of the Year’
08.17.23
45 Foster Garvey Attorneys Recognized Among The Best Lawyers In America®
08.18.22
38 Attorneys Named 2022 Best Lawyers in America; 11 Named Best Lawyers: Ones to Watch
08.19.21
43 Attorneys Named 2021 Best Lawyers in America; 10 Named Best Lawyers: Ones to Watch
08.20.20
50 Foster Garvey Attorneys Named 2020 Best Lawyers in America
08.15.19
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