Atkinson Conway & Gagnon

Jerome H. Juday

PRACTICE AREAS:

Jerry Juday’s practice emphasizes real estate law, commercial transactions and business litigation.

EDUCATION:

Mr. Juday received a J.D. degree with honors in 1980 from the Lewis & Clark Law School, graduating first in his class. Mr. Juday obtained his undergraduate degree in English from Miami University in Oxford, Ohio in 1976. Between college and law school, he worked as a police beat reporter for his home town newspaper, the Indianapolis Star.

BAR ADMISSIONS AND ACTIVITIES:

Mr. Juday has been an Alaska bar member since 1982 and has also been a member of the Oregon State Bar since 1981. Mr. Juday clerked for Chief Judge James M. Burns of the U.S. District Court for the District of Oregon before moving to Alaska.

Mr. Juday is admitted to practice before the U.S. District Court for the District of Alaska, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court.

Mr. Juday has served on the Alaska Bar Association’s Rules of Professional Conduct Committee since 1996, and he has been Chair of that committee since 2002.

A FEW WORDS WITH JERRY JUDAY:

Mr. Juday recognizes that timely and efficient legal services are important for his clients to successfully complete business transactions. “Ninety percent of what I do is the application of brains to paper. In business deals, the lawyers need to facilitate the process, not hold it up. So the brains have to be primed and ready to go.”

In negotiations Mr. Juday sometimes has found it useful to adopt writer Robert Benchley’s approach: “Drawing on my fine command of the English language, I said nothing.” [Robert Benchley (1889-1945)]

REPRESENTATIVE TRANSACTIONS:

U-Med District Land Exchange. Mr. Juday represented Providence Alaska Medical Center in a complex, multi-year negotiation and performance of a land exchange transaction and subdivision re-plat involving the University of Alaska, the State of Alaska, and the Alaska Mental Health Trust Authority that permitted the hospital to expand its campus and erect a new medical office building and other facilities.

Oilfield Machine Shop Acquisition. Mr. Juday represented an international trading company in the multi-million dollar acquisition of an Anchorage machine shop with a strong business in oilfield services.

Purchase of Wholesale and Retail Bakery Businesses. Mr. Juday represented the buyer in purchasing Anchorage wholesale and retail bakery businesses.

Insurance Agency Sale. Mr. Juday represented the seller of an Anchorage-based insurance agency with a substantial book of business across the state.

Internal Corporate Investigation. The Board of Directors of a large Alaska corporation engaged Mr. Juday to act as independent counsel in investigating mismanagement of a subsidiary company and the sale of an operating business of the subsidiary.

Franchise Restaurant. Mr. Juday represented a group of Outside investors who established a new franchise restaurant chain in Alaska. The legal work involved business entity formation, negotiating a long-term ground lease, dealing with construction financing, and numerous employment matters.

Blood Products Business. Mr. Juday represented a client in setting up a new limited liability company to operate a blood products service in Alaska.

North Slope Communications Business. Mr. Juday represented the buyer of the assets of an internet and communications business located on the North Slope.

Armored Car Service. Mr. Juday assisted a client in establishing a new corporation to start a successful armored car service in Alaska.

Acquisition of Tourism Businesses. Mr. Juday represented an ANCSA regional corporation in a multi-million dollar series of acquisitions of various tourism businesses that operate tours and provide tourism services in several locations in the state.

Sale of Statewide Retailer. Mr. Juday represented the seller of the assets of a statewide, rural retail business.

Real Estate Transactions. Mr. Juday has represented the buyers or the sellers of various commercial properties in south central Alaska, with individual transactions ranging up to the multi-million dollar level.

Commercial Leases. Mr. Juday has represented the landlords principally, and a few tenants, in many long-term ground leases, sale/leasebacks, office leases, retail leases, and warehouse leases.

A SAMPLING OF CASES:

Rosenberg v. Dicken, Case No. 3AN-04-7399 CI — Mr. Juday’s client was a partner in commercial real estate venture who was sued by another partner in an attempt to force the sale of the client’s partnership interest. After a bench trial, Mr. Juday obtained a defense judgment in favor of the client and a significant award of attorneys’ fees and costs against the other side.

Chen v. Crum & Forster Holding Inc. & Talegen Holdings, Inc., Case No. A03-226 CV (RBB) – Mr. Juday represented the owner of a five-story office building in suing the corporate guarantor of a long-term lease of the entire building. The tenant on the lease was insolvent and in receivership, but the guarantor refused to honor the guaranty. Mr. Juday obtained a substantial confidential settlement after a summary judgment motion against the guarantor was filed and argued in court.

Dryden v. Matanuska-Susitna Borough & Knikatnu, Inc., Case No. 3PA-02-307 CI – Mr. Juday represented an ANCSA village corporation defending against a claim for a public right of way across the corporation’s land. Plaintiffs dropped the case after Mr. Juday filed a summary judgment motion against their claims.

In re Estate of Romano, Case No. 3AN-00-1422 PR — Mr. Juday represented the Estate in defending against a claim that a live-in unmarried partner of the deceased made to a significant portion of the Estate. The case was settled on terms favorable to the Estate after the court granted summary judgment against the claimant on all the significant aspects of her claim.

Blomfield v. Blomfield, Case No. 3AN-00-5331 CI — Mr. Juday represented a member of a family-owned limited liability company that was a holding company for a group of commercial office buildings and a warehouse. Disputes between the LLC members led to a claim for dissolution of the LLC and other claims and counterclaims. Mr. Juday assisted the client in negotiating and closing on a multi-million dollar settlement that permitted the client to cash out her interests in the LLC.

City Mortgage Corp. v. Residential Mortgage, LLC, Case No. 98-9335 CI — Mr. Juday represented a former shareholder, officer and director of City Mortgage Corp. who left and then started his own competing mortgage business. Mr. Juday defended against claims of breach of fiduciary duty, unfair competition, and interference with contractual relations. Mr. Juday obtained summary judgment from the court dismissing most of the claims. A confidential settlement of the remaining claims was then reached on terms favorable to the client. In related litigation, Mr. Juday brought a claim against a professional liability insurer who had refused to defend the client against City Mortgage’s claims. Mr. Juday obtained a significant confidential settlement from the insurer after the court ruled on summary judgment that the insurer had breached its duty to defend.

Sourdough Development Services, Inc. v. Riley, Case No. 3AN-98-3556 CI — Mr. Juday represented the court-appointed receiver of an on-going business in a lawsuit involving claims and counterclaims between the shareholders of the business. Mr. Juday mediated a settlement between the parties that resolved most of the issues in dispute and allowed the receivership to be terminated.

Alaska Pollution Control, Inc. v. Penland Homes, Inc., 3PA-96-1055 CI — Mr. Juday defended Penland Homes, Inc. against claims for contaminated soil clean-up costs arising out of an accidental fuel oil spill. Mr. Juday obtained summary judgment against the plaintiff’s claims and, in related litigation, recovered the costs of defending against the plaintiff’s claims from an insurer who had refused to defend.

Other Business Owner Disputes — In cases that were successfully settled short of litigation, Mr. Juday represented clients in disputes over the dissolution of companies, or conflicts between business owners or professional partners.

For more information, please contact us by emailing info@acglaw.com or call us at 907-276-1700. Outside Anchorage call 1-800-478-1900. There is no charge for an initial consultation on personal injury, wrongful death or insurance bad faith matters.