Danny Newman

Danny Newman

Associate

503.802.2089
danny.newman@tonkon.com

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“Phenomenal. Danny simply out-lawyered them.” Creditors’ Committee Counsel, Partner at AmLaw 100 firm

“At his hourly rate, Danny might be the best bargain in bankruptcy law in America.” California based Restructuring Advisor

Services & Industries

Education

J.D., Northwestern University School of Law, 2014

B.A., Political Science and Public Policy, Rice University, 2010

Bar and Court Admissions

Oregon State Bar
State Bar of Texas
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Districts of Oregon, Western Texas, and Southern Texas
U.S. Bankruptcy Court for the District of Oregon, Western Texas, and Southern Texas

“It’s been a privilege working on this matter [against Danny] over the past 14 months and I’ve been so impressed with [his] advocacy.” Opposing counsel, Partner at Amlaw 200 Firm

Danny Newman is an Associate in Tonkon Torp’s Litigation Department and Bankruptcy & Reorganization Practice Group.

He joined Tonkon Torp after completing a clerkship with Judge Richard C. Tallman at the U.S. Court of Appeals for the 9th Circuit, focusing on the circuit’s civil appeals. Prior to that clerkship, Danny worked on large and complex bankruptcy cases, bet-the-company commercial and energy litigation, and government anti-corruption and bribery investigations in the Houston office of Paul Hastings LLP. In his first job out of law school, Danny served as a law clerk to Judge Xavier Rodriguez at the U.S. District Court for the Western District of Texas in San Antonio, where he assisted with all aspects of civil litigation — from motions to dismiss through trial — as well as with criminal substantive motions and trials.

Danny also previously co-taught a negotiations seminar as an adjunct professor at Gonzaga Law and at South Texas College of Law Houston. He maintains an active pro bono practice, including forming and advising nonprofit clients, representing immigrants seeking asylum or special status, and pursuing civil rights claims.

Danny earned his J.D. from Northwestern University School of Law in 2014, and graduated from Rice University in 2010 with a B.A. in Political Science and Public Policy, with a focus on American government and urban policy.

Outside of work, Danny enjoys grilling, sports, politics, international travel, exploring Portland’s restaurants and coffee shops, and hiking and relaxing everywhere from Oregon’s coast to Bend.

Representative Matters

Victory for Eastern Oregon City in Strategic Investment Program Agreement Payment Dispute

Tonkon Torp represented a city in Eastern Oregon in a dispute with its county over payments from a major data center developer who developed several data centers in both the City and the County. The developer, the City, and the County are parties to a Strategic Investment Program Agreement, sponsored by the State of Oregon, which required the developer to make annual payments in lieu of property taxes. Tonkon helped the City resolve that dispute in a pre-litigation settlement with the County that will give the City at least $5 million more over the term of the Agreement than the County was previously willing to provide. 

Bankruptcy and Restructuring

  • Represented an energy company in its restructuring efforts for more than $2 billion in debts, from preparation for filing for Chapter 11 through confirmation. Responsibilities included the negotiation of settlements, drafting and arguing motions and applications at hearings, day-to-day management of restructuring process with the client and creditors, and claims objections.
  • Represented Official Committee of Unsecured Creditors in the Commonwealth of Puerto Rico on a variety of issues, including, most notably, the restructuring of the Government Development Bank for Puerto Rico.
  • Represented a large industrial-technology firm in various adversary proceedings.
  • Represented an energy company in pre-bankruptcy negotiations in a dispute with the company’s creditors, including the owner of its office-space.
  • Represented lenders before and during forbearance periods.

Government Solutions & Investigations

  • Tonkon represents NORPAC Foods, Inc. and its affiliates as debtors-in-possession in their chapter 11 bankruptcy cases. The case has included two major asset sales, the first of which caused the United States Department of Justice Antitrust Division to withhold approval and investigate potential anticompetitive impacts and other antitrust violations. Tonkon worked with the DOJ through its investigation by submitting voluntary document productions, offering key witnesses for interviews, and submitting white papers on various legal issues. The DOJ eventually closed its investigation without taking any action and the sale proceeded without incident.
  • Represented a mid-sized pharmaceutical company in connection with a federal investigation into patient support program, pricing, and specialty pharmacy issues.
  • Represented a large oilfield services company in an FCPA investigation related to leaked documents to the media.
  • Represented a large oil-field services company in an FCPA investigation related to transactions in Brazil.
  • Represented a multinational pharmaceutical company in connection with its global anti-corruption/FCPA due diligence associated with its $16 billion acquisition of the vaccines business of another pharmaceutical company, divestiture of its oncology business, and a consumer healthcare joint venture.
  • Represented an audit committee of multinational renewable energy firm in connection with alleged executive wrongdoing.

Litigation

  • Represented a publicly traded energy company in state and federal court, as well as before an international arbitration tribunal, in a lawsuit against its joint venture partners.
  • Represented a national movie theater company against antitrust allegations in state court.
  • Represented a large oilfield services company in a multi-billion dollar breach of contract dispute with another industry player in state court.
  • Represented a publicly traded energy company in state court responding to allegations of misrepresentations from investors.
  • Represented a large midstream company against allegations of various tort and fraud allegations relating to a joint venture.
  • Represented a large privately owned construction and engineering company in a FLSA arbitration appeal in federal court.
  • Represented a multinational construction firm with employee-related litigation.
  • Represented a large midstream company responding to a third-party subpoena.
  • Represented a multinational oilfield services company responding to a third-party subpoena related to FCPA-related litigation.

Pro Bono

  • Representing Lewis & Clark Ramos project post-conviction relief candidate, including testifying before the Oregon legislature in support of a bill to provide remedies to all Ramos petitioners on behalf of all Ramos-project pro bono attorneys
  • Representing community organization in its efforts to remove unconstitutional and racist deed restrictions
  • Represented an undocumented minor to achieve special immigrant juvenile status in state court and before the USCIS.
  • Represented a Duke University Law School Wrongful Convictions client on his second appeal of a murder conviction.
  • Formed various nonprofit organizations.
  • Advised a religious and spirituality organization in small business dealings.

Recent Matters

  • Representing NORPAC Foods, Inc and its affiliates as debtors in their chapter 11 cases
  • Representing majority shareholder in Easterday Ranches, Inc. and its affiliates in those chapter 11 cases
  • Represented real estate debtor in successfully defeating lender’s emergency receivership motion and negotiating settlement agreement
  • Represented landlord and largest creditor in Subchapter V bankruptcy
  • Represented a fortune 100 company as a creditor in multiple chapter 7 cases
  • Representing Talmage LLC and its co-defendants in 8-figure enforcement action by Oregon Attorney General
  • Represented the Oregon Farm Bureau in its successful challenge to Oregon Attorney General’s Ballot Title
  • Represented a cannabis client in its out-of-court workout and refinancing, including resolving eight-figures’ worth of claims against him and his various entities
  • Helped defeat summary judgment for a plaintiff public entity in an arbitration, leading to a seven-figure settlement before trial
  • Prepared a lawsuit and negotiated a seven-figure settlement for a public entity in a contract dispute
  • Representing related commercial real estate entities in various disputes among ownership group and with tenants
  • Aided in various other representations in state and federal court, and domestic and international arbitrations

Successfully Navigated DOJ Antitrust Concerns for NORPAC Foods Bankruptcy

Tonkon represents NORPAC Foods, Inc. and its affiliates as debtors-in-possession in their chapter 11 bankruptcy cases. The case has included two major asset sales, the first of which caused the United States Department of Justice Antitrust Division to withhold approval and investigate potential anticompetitive impacts and other antitrust violations. Tonkon worked with the DOJ through its investigation by submitting voluntary document productions, offering key witnesses for interviews, and submitting white papers on various legal issues. The DOJ eventually closed its investigation without taking any action and the sale proceeded without incident.

The Ramos Project

In April 2020, the U.S. Supreme Court struck down non-unanimous jury convictions in criminal cases in Ramos v. Louisiana. A shameful carryover from the Jim Crow era, Louisiana and Oregon were the last two states that allowed non-unanimous criminal convictions when as many as two jurors believed a defendant was innocent. Overnight, more than 260 cases in Oregon became eligible to seek post-conviction relief for unconstitutional non-unanimous convictions. Housed in the Criminal Justice Reform Clinic (CJRC) at Lewis & Clark Law School, the Ramos Project is a statewide pro-bono initiative providing legal assistance to those seeking redress.

Tonkon Torp Wins Ballot Challenge for Oregon Agriculture Coalition

Tonkon Torp’s Government Solutions Practice Group is celebrating a successful effort on behalf of the Oregon Farm Bureau seeking changes to an Attorney General’s ballot title, caption and summary.

Tonkon Torp-Led Sale of NORPAC Foods, Inc. Named Global 2020 M&A Deal of the Year

The Tonkon Torp-led sale of NORPAC Foods, Inc. has been named an M&A Deal of the Year ($100MM-$250MM) in the 19th Annual M&A Advisor Awards, which selects the finest deals and professionals within the global M&A and Turnaround industry annually.

Community Involvement & Activities

Oregon Health Justice Center
Board of Directors – Member

Portland Business Alliance
Leadership Portland Class of 2022


Professional Memberships

Multnomah Bar Association

The Best Lawyers in America

2022, Ones to Watch – Commercial Litigation
2022, Ones to Watch – Litigation – Bankruptcy

Read More

Danny Newman Joins Board of Pioneer Courthouse Historical Society

Tonkon Torp attorney Danny Newman has joined the Board of Directors for the Pioneer Courthouse Historical Society.

Taking the Ramos Project Before the Oregon Legislature

In April 2020, the U.S. Supreme Court struck down Oregon’s non-unanimous jury rule in Ramos v. Louisiana.

Danny Newman Accepted into Leadership Portland

Tonkon Torp attorney Danny Newman was accepted into the 2022 class of Leadership Portland, an annual program offered by the Portland Business Alliance (PBA) to cultivate and develop community leaders.

Ninth Circuit Case Notes – Fall 2021

The Ninth Circuit’s published debtor-creditor decision load was very light the last several months. We view this as yet another result of the various COVID-19 emergency protections for borrowers promulgated by various states and the federal government.

Tonkon Torp Attorneys Share Expertise at OSB Debtor-Creditor Section Annual Meeting

On October 29, three Tonkon Torp bankruptcy attorneys spoke at the 2021 Annual Meeting of the Oregon State Bar Debtor-Creditor Section.

All News Items

Can Some NFTs be Considered Securities? The SEC Is Watching

By Paul Conable and Danny Newman – The U.S. Securities and Exchange Commission (SEC) is ramping up its investigation and potential enforcement activities against sellers of nonfungible tokens (NFTs) and marketplaces that connect buyers and sellers.

Recent Court Decision Sheds Light on Cryptocurrency Treatment Under Securities Law

By Paul Conable and Danny Newman – A recent class certification decision (Williams v. KuCoin et al.) from a magistrate judge in the Southern District of New York provides insight on how courts view those who enable trading in cryptocurrencies and potentially other cryoptoassets like non-fungible tokens (NFTs).

Ninth Circuit Case Notes

Loan Servicer Accessing Credit Reports Does Not Violate FCRA Despite Bankruptcy Discharge Marino v. Ocwen Loan Servicing LLC, 978 F.3d 669 (2020) In another loss for plaintiffs and attorneys seeking relief under the Fair Credit Reporting Act (FCRA)—and the attorney’s fees and threat of punitive damages that come with it—the Ninth Circuit held that a loan servicer’s periodic access to a homeowner’s credit reports did not violate the FCRA in Marino v. Ocwen Loan Servicing LLC, 978 F.3d 669 (2020).

Chapter 11 Bankruptcy: The Ultimate Corporate Finance Tool

COVID-19 ushered in a volatile economic climate that has made it difficult for many companies to meet their debt obligations.

Ninth Circuit Allows Broader Exculpation Clauses

The Ninth Circuit has generally prohibited nonconsensual third-party releases in bankruptcy reorganization plans for a long time. Section 524(e) provides that “discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt.” 11 U.S.C. § 524(e). As the Deocampo court stated in 2016, the Ninth Circuit has “repeatedly held, without exception, that [11 U.S.C.] § 524(e) precludes bankruptcy courts from discharging the liabilities of non-debtors.”

All Alerts Items

Banks Sue Over Oregon’s Foreclosure Moratorium

Two recent lawsuits filed in the U.S. District Court for the District of Oregon illustrate that Oregon banks are none too pleased about HB 4204. This legislation, passed by the Oregon legislature in June 2020, prohibits residential and commercial real estate foreclosures in Oregon from March 8, 2020 until December 31, 2020.[1] The legislation was initially set to expire in September 2020, but was extended by executive order. In response to this legislation, the Oregon Bankers Association (“OBA”) and a number of other banks sued the State of Oregon in August.

Fannie Mae Extends Temporary Moratorium on Residential Foreclosures and Evictions

At the end of August, Fannie Mae announced an extension of a temporary moratorium on residential foreclosures and evictions that was originally set to expire on August 31, 2020. The moratorium applies to single-family mortgages backed by Fannie Mae and is now set to expire on December 31, 2020.

Force Majeure Clause Hitz the Spot for Restaurant Tenant

In previous updates Tonkon Torp attorneys have addressed the applicability of force majeure clauses in commercial contracts. As expected, commercial renters are taking a beating, and many have been forced to close as a result of the pandemic.

Publications & Presentations

“Can Some NFTs be Considered Securities? The SEC Is Watching,” Tonkon Torp Legal Alert, March 2022

“Recent Court Decision Sheds Light on Cryptocurrency Treatment Under Securities Law” Tonkon Torp Legal Alert, January 2022

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Fall 2021

“Class Claims in Chapter 11: Are They Allowed and How Do You Get Them?” Oregon State Bar Debtor-Creditor Section, October 2021

“Bankruptcy and State Court Case Law Update,” Oregon State Bar Debtor-Creditor Section, October 2021

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Spring 2021

Panelist, “Understanding Federal Clerkships,” Federal Bar Association Student Chapter, Northwestern University Pritzker School of Law, March 2021

“Ninth Circuit Allows Broader Exculpation Clauses,” OSB Debtor-Creditor Newsletter, Fall 2020

Banks Sue Over Oregon’s Foreclosure Moratorium,” Ear to the Ground Blog, October 2020

Fannie Mae Extends Temporary Moratorium on Residential Foreclosures and Evictions,” Ear to the Ground Blog, September 2020

“Negotiating During a Pandemic: Focus on These Five Areas Right Now,” Oregon State Bar Bulletin, June 2020

Force Majeure Clause Hitz the Spot for Restaurant Tenant,” Ear to the Ground Blog, June 2020

“Coronavirus Changed the World: Have You Adapted Your Negotiation Tactics?” Tonkon Torp Legal Update, April 2020

“Bankruptcy and Restructuring in the Cannabis Industry in 2020 and Beyond,” Portland Business Journal, April 2020

“The CARES Act Provides Small Businesses Additional Bankruptcy Relief,” Tonkon Torp Legal Update, April 2020