• Print
  • |
  • |
  • PDF

Industries

Contact Marie

3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
T: 503.205.2477

C. Marie Eckert

Partner

C. Marie Eckert is an experienced business litigator with particular expertise in trusts and estates litigation, financial institutions litigation, and insurance coverage matters. She practiced at Perkins Coie from 1988 to 1994, and then at U.S. Bancorp until early 2002, as litigation manager and senior corporate counsel in charge of litigation for a six-state region. Marie has handled a wide range of complex commercial litigation in state and federal courts, including contract and business valuation disputes, business torts, lender liability claims, employment, and environmental litigation. Marie takes a pragmatic, solution-driven approach to resolving disputes and enjoys helping clients achieve the best outcome in the most effective and cost-efficient way possible.

Representative Experience

  • Represented institutional trustee, acting as a successor trustee and special fiduciary for a financially-incapacitated settlor, in administering trusts that collectively held in excess of $100 million of real property, in litigation and trust administration involving numerous disputes among family member beneficiaries, appraisal and valuation of trust assets, and ongoing management of commercial properties owned by the trusts. 
  • Defended family-member trustees in dispute with sibling beneficiaries, regarding valuation and management of ongoing family business enterprise, including disputes regarding discounts of fractional interests in business for lack of marketability and control; prevailed on summary judgment. 
  • Represented individual beneficiary on numerous claims of breach of fiduciary duty against family-member trustees relating to mismanagement of trust assets, including limited liability companies owned in part by family trusts and holding millions of dollars in commercial real estate; obtained favorable post-trial settlement; successful defense of counterclaims including attempted invocation of no-contest clause. 
  • Represented non-profit and charitable entities on matters including enforcement of charitable pledge agreements, disputed bequests, and trust and will contests; obtained favorable judgments or settlements.
  • Successfully represented various financial institutions in actions by consumers alleging wrongful foreclosure, violations of the Truth in Lending Act, the Real Estate Settlement and Procedures Act, the Fair Housing Act, and claims related to the proper role of the Mortgage Electronic Registrations Systems, Inc. in real estate transactions. 
  • Successfully represented various financial institutions in judicial foreclosure actions and actions on personal guaranties arising from multi-million dollar real estate ventures, including defense of lender liability counterclaims. 
  • Represented financial institution in federal-court action for breach of contract, fraud, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and in adversary proceeding in related bankruptcy action against the perpetrators of a credit-card scam involving a merchant account. Succeeded in obtaining judgment against one defendant for $3.9 million and judgment against another defendant for $12.7 million, including treble damages for RICO violations.
  • Defended financial institution in “faithless bookkeeper” check case based on common-law conversion and Uniform Commercial Code claims with respect to 570 allegedly unauthorized checks. Case settled in advance of trial after grant of partial summary judgment in favor of client.
  • Represented former rail car manufacturer in obtaining insurance coverage for environmental contamination arising from Portland Harbor Superfund site. Case resolved favorably after filing of insurance coverage complaint. Continue to represent client with respect to ongoing coverage issues related to defense and indemnity costs.
  • Represented former manufacturer of diethylstilbestrol and one of its insurers in coverage action, including successful phase one trial on lost policy issues.
  • Ongoing representation of several business clients on coverage matters involving properties with environmental contamination.
  • Represented managing member of limited liability company in dispute with former member involving business valuation and claims for breach of contract and usurpation of corporate opportunity.
  • Represented numerous businesses in breach of contract and business tort claims.
  • Defended franchisee against claims by state attorney general that it engaged in unlawful trade practices. Engaged in extensive negotiations with the attorney general that ultimately resulted in resolution of claims without litigation; handled related insurance coverage issues.