Kenneth J. MacArthur
Mr. MacArthur’s practice is focused on business and commercial litigation. He has extensive experience in matters involving lending, equipment leases, secured transactions, and real estate financing and foreclosures.
Mr. MacArthur’s practice covers all aspects of creditors’ rights and commercial collections, including pre-litigation negotiations, pre-judgment remedies, mediation, arbitration, sister state judgments, judgment enforcement, claims in bankruptcy, defense of preference and fraudulent transfer claims, and appeals.
Mr. MacArthur also represents financial institutions defending against wrongful foreclosure, unfair competition, Truth-In-Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act and Fair Debt Collection Practices Act claims.
Before law school, Mr. MacArthur served as a surface warfare officer in the U.S. Navy.
- Representation of real estate investor and limited partner in dispute with general partner, lender and tenant concerning limited partnership investments, ownership of an office building, and real estate lease and guaranty.
- Representation of lender in quiet title action brought by purchaser of REO property.
- Representation in arbitration of broker-dealer against claims by broker for commissions on private sales of stock to investors.
- Defense of directors of publicly-held bank against shareholder derivative claims of alleged breach of fiduciary duty in connection with the adoption of a stock option compensation plan.
- Representation of Small Business Administration lender in an action against borrower for judicial foreclosure and deficiency judgment, and in a subsequent Chapter 11 bankruptcy
- Defense of lender in wrongful foreclosure actions brought in California Superior Court and in the U.S. District Court for claims for Fair Debt Collection Practices, breach of the covenant of good faith and fair dealing, injunctive and declaratory relief, fraud, unfair competition, and quiet title.
- Representation of equipment lessor in action against lessee for breach of lease, and defense against lessee’s claims for breach of contract and breach of warranty.
October 11, 2013 presentation to the PLG International Lawyers conference, entitled Trends in U.S. Arbitration & Mediation Strategies.
May 20, 2009 presentation to in-house counsel at an Association of Corporate Counsel (ACC) event entitled “Navigating the Legal and Ethical Shoals of Recessionary Economy.”
April 16, 2008 presentation to in-house counsel at an ACC event entitled “Arbitration Hits and Myths: What You Need to Know About the Modern World of Arbitration.”