Jesse S. Finlayson
Jesse S. Finlayson is one of the original founding partners of the firm now known as Finlayson Williams Toffer Roosevelt & Lilly LLP. His practice focuses primarily on business litigation, bankruptcy, corporate restructuring matters, and creditors' rights.
Mr. Finlayson was named one of the top 20 bankruptcy lawyers in the country in an article published in the August 11, 2003 edition of The Daily Deal. He has also been named a "Rising Star" by Southern California Super Lawyers (published by Los Angeles Magazine) every year since 2004.
Expertise
Bankruptcy
Mr. Finlayson has extensive experience in bankruptcy-related matters, receiverships (both federal and state), secured transactions under the Uniform Commercial Code, and assignments for the benefit of creditors.
He represents both secured and unsecured creditors, real property lessors, and debtors in possession, in virtually all types of bankruptcy matters. He has also represented a foreign representative in an ancillary proceeding under section 304 (now chapter 15) of the Bankruptcy Code. Several of his cases have involved representing former officers or directors in connection with disputes with their prior employers who have filed for bankruptcy. Mr. Finlayson has extensive experience in asset acquisition transactions in bankruptcy, representing both buyers and sellers. He has also represented creditors and trustees in numerous preference cases, fraudulent transfer cases, non-dischargeability cases, and claims litigation.
He represents bankruptcy trustees in both the Central and Southern Districts of California. He has also handled numerous appeals to the Bankruptcy Appellate Panel for the Ninth Circuit and District Courts.
Litigation
Mr. Finlayson also has experience in all types of civil and commercial litigation in both federal and state court.
Over his career, he has handled breach of lease disputes, breach of contract disputes, interpleader actions, trademark infringement matters, unfair business practices matters, deceptive advertising matters, real estate disputes, and complex multidistrict federal litigation. He has particular experience in various forms of pre-judgment remedies, including lis pendens, writs of attachment, temporary protective orders, temporary restraining orders, and preliminary injunctions. His litigation experience includes appellate matters in both federal and state appellate courts.
Prior Experience
Between 1996 and 2004, Mr. Finlayson was an Associate Attorney in the Irvine office of Gibson, Dunn & Crutcher LLP. While at Gibson Dunn, Mr. Finlayson was a member of the firm's national Business Restructuring and Reorganization Practice Group and worked on several significant chapter 11 cases, including cases in Delaware and New York.
From 1995 to 1996, Mr. Finlayson was an Associate Attorney with Reid & Hellyer APC in Riverside, California. While at Reid & Hellyer, Mr. Finlayson obtained significant experience in real estate-related litigation and administrative proceedings.
Education
Mr. Finlayson graduated magna cum laude from the University of San Diego School of Law in 1995, where he was a member of the Order of the Coif and the Moot Court Honors Board. Prior to law school, Mr. Finlayson received his Bachelor of Arts from Arizona State University, graduating cum laude in 1992.
Memberships & Affiliations
Mr. Finlayson is a member of the State Bar of California, the Orange County Bar Association, and the Orange County Bankruptcy Forum. He is admitted to practice in all state courts in California and the United States District and Bankruptcy Courts for the Northern, Central, and Southern Districts of California. Mr. Finlayson is also admitted to practice before the Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals.
Recent Presentations and Articles
On May 16, 2009, Mr. Finlayson was a panelist at the 21st Annual Insolvency Conference presented by the California Bankruptcy Forum. Mr. Finlayson and a panel of judges and other attorneys discussed ethical issues with respect to the representation of trustees, debtors in possession, and creditors' committees in bankruptcy cases. In connection with his involvement with this panel, Mr. Finlayson authored materials entitled "Use of 'Conflicts Counsel' in Chapter 11 Cases."
Mr. Finlayson authored an article entitled "How Reclamation Rights Will be Effected: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," which was published in the June 16, 2005 Credit Managers Association Newsletter.
Mr. Finlayson co-authored an article published in Volume 28 of the California Bankruptcy Journal No. 1, entitled "Rethinking The Scope Of The O'Brien Decision: Why The Third Circuit's Administrative Claims Analysis Should Not Be Applied To The Debtor's Request For Approval Of A Break-Up Fee In Connection With Bankruptcy Sales In Chapter 11 Cases."
Mr. Finlayson co-authored an article that was published in the March 7-13, 2005 edition of The Deal entitled "The O-Brien Factor: The No-Spin Truth About How The 3rd Circuit's Administrative Claims Test On Breakup Fees Is Jeopardizing The Viability Of 'Going Concern' Sales In Chapter 11 Cases."
Mr. Finlayson authored an article entitled "Protect Your Company from Preference Liability," which was published in the May 9, 2005 Credit Managers Association Newsletter.
On March 3, 2005, Mr. Finlayson was a panelist at the Western Council of Construction Consumers Symposium on "The Emerging West Coast Economy: Opportunities and Challenges." Mr. Finlayson participated in a panel entitled "How to Work with Vendors & Contractors in Bankruptcy or Receivership."