Abran Vigil

Abran Vigil focuses on litigation involving real estate, mergers and acquisitions, corporate governance, and banking, with additional emphasis on contested regulatory proceedings, crisis management, trade practice disputes, and business torts. He also represents various industry sectors in complex collection matters and has recovered millions of dollars for his clients in post judgment enforcement proceedings.

Abe has substantial experience representing lenders and servicers in a variety of actions, including those brought under various federal and state statutes and regulations. His consumer and commercial finance and banking litigation experience includes class action defense, multidistrict litigation, defense of lender liability claims, qui tam actions, and state-level regulatory issues.

He has handled disputes over the management, control, and ownership of businesses. In addition, he has obtained favorable results for his clients in disputes involving insurance bad faith and product liability.

Over his career, he has obtained more than 100 receiverships in disputes involving real property, loan enforcement, creditors rights and complex collections, business divorce among private owners of business entities, and cases involving conversion of assets. He also regularly represents state and federal court appointed receivers.

Representative Matters

• Secured a $47 million settlement for a special servicer after successfully petitioning the court for the appointment of a receiver over a financially distressed shopping center
• Served as Nevada litigation counsel defending an oil and gas company against a shareholder class action seeking to stop its $1.5 billion merger
• Served as Nevada litigation counsel defending another oil and gas company against a shareholder class action seeking to stop its $400 million plus merger
• Won a defense verdict at trial for a client accused of breach of contract and negligent hiring and supervision in relation to an employee accused of embezzling funds and other property from an employer
• Won an arbitration award against a licensed professional who was found to have breached fiduciary and other duties by soliciting clients and taking computer and hard files to a new competing business
• Won a non-dischargeable judgment at trial, based on proof of actual fraud, on behalf of an environmental remediation company against a former shareholder
• In a damages-only trial in which the client was accused of wrongly interfering with another's business, limited the client's exposure to less than half of what was offered in settlement
• Successfully defended an energy drink manufacturer against an $8 million to $12 million claim of lost profits by obtaining an order striking the plaintiff's expert report and granting summary judgment against the plaintiff

Professional Activities

American Bar Association

State Bar of Nevada

Hispanic National Bar Association

American Bar Foundation, Fellow

Defense Research Institute

Recognition & Accomplishments

Named a Mountain States Super Lawyer (multiple years, including a Top 100 designation)

The Best Lawyers in America, commercial litigation, banking and finance litigation, and real estate litigation, 2008-2019

Named Lawyer of the Year, The Best Lawyers in America, banking and finance litigation, 2018

AV Peer Review Rating, Martindale-Hubbell

Named among Nevada Business Magazine's Legal Elite (multiple years)

Publications

Contributing author, Strategic Alternatives for and Against Distressed Businesses, Thomson Reuters, 2014 edition

Speaking Engagements

Speaker, "Mortgage Banking Litigation Update: Trends in the Western Region," Ballard Spahr webinar, July 16, 2015

Moderator, "Servicing Single Family Residential Portfolios," Trigild Spring Lender Conference, Dallas, April 23, 2015

Speaker, "From Homeowner’s Association to Property Owner: How superpriority litigation may be threatening your lien," ABA Business law Section Spring Meeting, San Francisco, April 16, 2015

Moderator, "Exit Strategies: DPOs, Deeds-In-Lieu, Foreclosure & Sales/Borrower Finance," 4th Annual Bank & Financial Institutions Special Assets Executive Conference on Real Estate Workouts (West), Santa Monica, September 9, 2013

Moderator, "Buyer Plenary: What Are You Looking for in a Bank When Buying a Note or REO?" Information Management Network's 3rd Annual Bank & Financial Institutions Special Assets Executive Conference on Real Estate, Santa Monica, September 10, 2012

"From Spinning Wheels to Cutting Deals: Distressed Real Estate – Loan Workout, Foreclosure, Bankruptcy or Litigation?" Ballard Spahr and Commerce Real Estate Solutions, Las Vegas, February 16, 2011

Panelist, "The Impact of Distressed Real Estate: Loan Workouts versus Alternative Remedies – Foreclosure, Bankruptcy or Litigation," UtahCEO magazine and Commerce Real Estate Solutions, Salt Lake City, November 4, 2010

Drake University Law School (J.D. 2000, with honors)

University of New Mexico (B.A. 1996)

Nevada

U.S. District Court for the District of Nevada

U.S. Court of Appeals for the Ninth Circuit

United States Supreme Court