Mr. Faucher represents companies in virtually all types of commercial litigation and transactions, with a focus on bankruptcy and creditors' rights. In the bankruptcy context, Mr. Faucher represents secured creditors, unsecured creditors, trustees, creditors' committees, debtors, purchasers of assets, and lessors, principally in chapter 11 cases. His bankruptcy litigation practice has included, among other things, plan confirmation, avoidance claims, and bankruptcy appeals. Mr. Faucher has represented clients in significant matters in the bankruptcy courts in 18 different states.
Mr. Faucher's commercial litigation practice consists principally of business disputes including breach of contract and foreclosure actions, lender liability actions, receiverships, intellectual property litigation, and matters involving the Truth in Lending Act.
Mr. Faucher has represented parties in the federal and state courts, both at trial and on appeal. Chief Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho described Faucher's work in a major case before him as follows: "The briefs were well organized and well researched, and counsel's argument was persuasive. The high quality of the work, coupled with the Court's decision to grant summary judgment in favor of [client], reveals that the significant effort spent on the briefs and preparation for oral argument in this case was warranted. The high quality work done at the front end of this case saved the parties the additional expense of trying this matter."
Notable reported opinions involving Mr. Faucher's clients include: The Canada Life Assur. Co. v. LaPeter, 563 F.3d 837 (9th Cir. 2009); LaPeter v. Canada Life Ins. Co., 2009 WL 20960 (9th Cir. 2009); LaPeter v. Canada Life Ins. Co., 2007 WL 2608837 (D. Idaho 2007); The Canada Life Assur. Co. v. LaPeter, 2007 WL 2051246 (D. Idaho 2007);Beach v. Bank of America, N.A., 2011 WL 3293790 (Bankr. D. Idaho Aug. 1, 2011); andBeach v. Bank of America, N.A., 447 B.R. 313 (Bankr. D. Idaho 2011).
In addition, Mr. Faucher counsels lenders and borrowers in secured and unsecured financings, workouts, tax-exempt financings, ESOP transactions, and cross-border financings. Mr. Faucher is the past practice group manager of Holland & Hart's Financial Practice Group, and he has served as a visiting professor at the University of Idaho Law School.