B. John Casey

B. John Casey

Partner & Chair: Litigation Group
Portland, OR
Overview

About John

John Casey, chair of Stoel Rives’ Litigation Group, brings a depth of experience and a practical approach to resolving complex business litigation. Before moving to Portland in 2012, John was a partner at Latham & Watkins in Chicago.

With a career marked by significant roles and notable achievements in high-stakes disputes, John brings a wealth of knowledge and skill to his practice. Specializing in securities litigation, intellectual property disputes, class action defense, and a host of other challenging legal areas, he has become a trusted advisor for a diverse portfolio of clients, ranging from technology startups to global conglomerates in various industries.

In the realm of securities litigation, John has extensive first-chair experience, handling cases under both federal and state law. This includes representing companies and their executives in varied scenarios such as “stock-drop” class actions, M&A litigation, and disputes involving fiduciary duties. He has repeatedly secured dismissals in securities class actions before discovery.

John’s expertise also covers challenging disputes in closely held companies, including those that are family owned. He is knowledgeable in loss causation and economic damages within the scope of securities class actions, a topic on which he has written and spoken extensively.

Recognized by Chambers USA in “America’s Leading Lawyers for Business” and listed in The Best Lawyers in America®, John’s legal skills have been well acknowledged. Beyond his professional pursuits, he is actively involved in various professional and civic organizations, contributing to the broader legal community and societal causes. His approach combines a deep understanding of complex legal issues with a commitment to practical solutions and client-focused advice.

 

As stated by commercial litigation clients, “John is an outstanding attorney who provides exceptional client service along with practical legal advice that reflects the realities of the litigation and priorities of the client.

John is straightforward and helpful in advising you with complete honesty and assisting you in the most useful way in every situation.” (Chambers USA)

 

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Experience

Experience

Securities Litigation

  • Obtained favorable arbitration award of over €640 million for fraudulent inducement and breach of contract related to an €800 million securities asset purchase agreement. Final award issued by three-person arbitration panel under the AAA International Centre for Dispute Resolution.
  • Secured dismissal with prejudice in the Central District of California of securities class action alleging misstatements in legal proceedings disclosures in favor of publicly traded producer of plant-based meat substitutes. Represented company’s board of directors in four follow-on shareholder derivative suits pending in the Central District of California and the District of Delaware.
  • Obtained favorable arbitration award—including attorneys’ fees and expenses—in AAA proceeding on behalf of principals seeking buy-out of other principal in closely held company dispute.
  • Secured dismissal in Oregon state court on behalf of energy clients of lawsuit alleging civil conspiracy.
  • Secured dismissal in the District of Oregon of RICO class action on behalf of baby food company client relating to allegations of contaminants in food.
  • Secured dismissal in Oregon state court of business dispute between principals of renewable energy company.
  • Secured summary judgment in Bankruptcy Court (D. Or.) for Big Four accounting firm in lawsuit asserting fiduciary duty claims.
  • Secured dismissal in Oregon state court of shareholder derivative lawsuit against directors of publicly traded footwear/apparel company regarding internal controls for reporting employee misconduct.
  • Secured dismissal of securities-related claims against Chicago-area technology company in the District of Oregon.
  • Secured dismissal for technology company and officers in Section 10(b) stock-drop class action in the Southern District of New York relating to alleged stock price manipulation.
  • Secured dismissal of RICO-related claims against Bay Area bank in the District of Oregon.
  • Secured dismissal of books and records suit in Oregon state court on behalf of Oregon logistics company and its owners.
  • Secured dismissal, on forum non conveniens grounds, for Chinese nationals and their Oregon LLCs in securities fraud case brought by Chinese investors in the District of Oregon.
  • Secured summary judgment in the Southern District of New York in favor of global marketing company and certain of its officers and directors in a securities fraud class action lawsuit alleging improper accounting practices. On appeal, secured affirmance by the Second Circuit.
  • Secured dismissal in the Southern District of New York of Sections 10(b), 11 and 12(a)(2) securities claims against private equity firm relating to IPO of portfolio company.
  • Secured dismissal of contract and related claims filed against private equity firm in Delaware Chancery Court.
  • Secured dismissal in the Northern District of Illinois of securities fraud class action filed against one of the world’s largest manufacturers of video slot machines, video lottery terminals and software for the legalized gaming industry, relating to guidance miss.
  • Secured dismissal in the Eastern District of Missouri of securities class action against manufacturer of medical devices relating to company’s withdrawal of guidance.
  • Secured settlement in the Northern District of Illinois for one of the world’s largest diesel engine manufacturers in a securities class action relating to the company’s restatement of financials.
  • Secured settlement for foreign investment bank in securities-related suit pending in the Southern District of New York.
  • Secured settlement for seller of Oregon technology company in post-closing earn-out dispute.
  • Successfully represented officers and directors of publicly traded equipment manufacturing company in M&A litigation filed in the District of Oregon arising from going-private transaction.
  • Successfully represented law firm in Oregon securities litigation matter filed in the District of Oregon alleging secondary liability under ORS 59.115(3).
  • Successfully represented Fortune 500 manufacturer of scientific equipment in M&A litigation filed in the District of Oregon related to acquisition of Oregon company.
  • Successfully represented director in Section 10(b) stock-drop class action in the Southern District of New York relating to revenue recognition.
  • Successfully represented manager-member of an Oregon LLC in fiduciary duty dispute with other members.
  • Successfully represented U.S. member of a Big Four accounting firm against damages claims of more than $60 million in both U.S. and Irish courts.
  • Successfully represented umbrella organization of a Big Four accounting firm in connection with Parmalat Finanziaria SpA’s bankruptcy, defending against vicarious liability allegations in which plaintiff attempted to hold the umbrella organization liable for the audit work of the Italian member firm.
  • Frequently represents principals in closely held company, including family-owned company, disputes.

Intellectual Property

  • Representation of publicly traded footwear/apparel company asserting patent infringement claims relating to knitted footwear technology against another publicly traded footwear/apparel company in the District of Oregon.
  • Representation of publicly traded footwear/apparel company against trade secret claims involving anti-counterfeiting technology in the District of Oregon.
  • Successfully represented publicly traded footwear/apparel company asserting copyright and counterfeiting claims against Oregon company in the District of Oregon.
  • Secured dismissal in Oregon state court of trade secret claims in favor of company in LiDAR/autonomous vehicle space. Secured settlement of subsequent AAA arbitration.
  • Secured dismissal, in the District of Oregon, of copyright claims relating to “claw” logo, brought by former NBA Most Valuable Player against client, a publicly traded footwear/apparel company.
  • Successfully represented publicly traded footwear/apparel company in copyright-related lawsuit filed in the District of Oregon relating to alleged overuse of software license.
  • Successfully represented technology companies in federal court lawsuit in Louisiana in dispute over IP licensing issues.
  • Secured settlement for Portland- and California-based start-up audio companies in trade secret, trade dress and design patent infringement action against global electronics retailer in the District of Oregon.
  • Representation of Washington-based material handling equipment company in trade secret dispute in the District of Oregon.
  • Representation of Seattle-based apparel company in trade secret dispute involving e-commerce system.

Consumer Class Actions and Related Litigation

  • Secured successful rulings on motions to dismiss on behalf of property owners and managers of Oregon residential properties in class actions asserting technical violations of the Oregon Residential Landlord and Tenant Act.
  • Successfully represented national bank in collective action brought by Oregon counties in Oregon state court relating to mortgage recording fees.
  • Representation of wrestling organization in putative class action brought by former wrestler alleging misrepresentations and omissions relating to concussion and head trauma issues. Successfully moved case from Oregon to Connecticut.
  • Successfully represented athletic association in action filed by former collegiate athlete in Oregon state court relating to the association’s rules and policies on concussions.
  • Successfully represented athletic association in consolidated class action filed by former collegiate athletes relating to the association’s rules and policies on concussions.
  • Successfully represented national bank in collective action brought by Multnomah County in Oregon state court relating to mortgage loan recording fees.
  • Representation of one of the world’s largest diesel engine manufacturers in over 20 consumer class actions—later consolidated into a single MDL proceeding in the Northern District of Illinois—relating to 6.0-liter diesel engine. Obtained client’s dismissal from proceedings.
  • Secured dismissal—on interlocutory appeal—of consumer class action filed in the Northern District of Illinois challenging national bank’s check-cashing fee practice.
  • Secured dismissal of consolidated consumer class action filed in Illinois state court against natural gas utility and unregulated affiliate relating to gas pipe warranty product.
  • Representation of automobile club in consumer class action relating to company’s renewal policy.

Insurance Coverage

  • Representation of Portland gas utility in insurance coverage lawsuit for liabilities associated with Superfund environmental cleanup.
    • Client prevailed on 15 out of 16 summary judgment motions filed, which included favorable rulings on “expected or intended” language and “owned property” exclusion in CGL policies.
    • Secured favorable settlement.
  • Secured favorable settlement for investment bank in an insurance coverage lawsuit for liabilities associated with underlying securities claims.
  • Frequently represents insureds seeking D&O coverage from carriers for securities-related and fiduciary duty claims.

Employment Class Actions and Litigation

  • Defeated class certification in putative nationwide employment discrimination class action against insurance company.
  • Successfully settled nationwide employment discrimination class action against insurance company.
  • Frequently represents employers in individual employment disputes alleging wrongful termination, discrimination and breach of employment agreements and stock option plans.
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Honors

Honors & Activities

Professional Honors & Activities

  • Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (Litigation: General Commercial), 2021–2023
  • Included in The Best Lawyers in America® (Litigation—Insurance, Litigation—Securities), 2020–2024
  • Past Chair and Executive Committee Member, Business Litigation Section of the Oregon State Bar
  • Past Chair and Current Executive Committee Member, Securities Regulation Section of the Oregon State Bar
  • Past Board Member, Greater Portland, Inc.
  • Past Advisory Board Member, National Association for Corporate Directors—Portland Chapter
  • Past Member, Owen M. Panner Inn of Court (Pupilage Group Leader, 2016–2017)
  • Member, Federal Bar Association of Oregon
  • Member, Multnomah Bar Association
  • Member, Chicago Bar Association

Civic Activities

  • President, Georgetown Club of Oregon
  • Past Board Member and Treasurer, Jesuit Volunteer Corps Northwest
  • Board Member, Hoya Hoop Club
  • Member, University of Chicago Club of Oregon
  • Past Board Member, Classroom Law Project
  • Former Coach of Madison High School “We the People” Constitution Team
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Insights & Presentations

Insights & Presentations

  • Speaker, “Effective Use of Corporate Witnesses at Deposition and Trial,” Oregon Association of Defense Counsel, May 26, 2022
  • Moderator, “Disputes in Closely Held Businesses: Unique Considerations and Creative Solutions,” Oregon State Bar Business Litigation Section, October 30, 2019
  • “The Oregon Securities Law: What Professional Advisors Need to Know,” Portland Business Journal, June 6, 2017
  • Panelist, “Federal Securities Litigation Hot Topics (The Impact of Trulia and Walgreen on Deal Litigation),” Northwest Securities Institute, May 19, 2017
  • Moderator, “The Business of Law—Selected Issues,” Owen M. Panner Inn of Court, February 7, 2017
  • Guest Lecturer, Mediation Seminar, Willamette University College of Law, October 13, 2016
  • Moderator, “Perspectives from the Bench—Practice Tips from Two of Our Newest Federal Magistrate Judges,” Oregon State Bar Business Litigation Section, September 21, 2016
  • Panelist, Directors and Officers Liability Symposium, June 22, 2016
  • Speaker, Sports Law Panel (Topic: Concussion Litigation), District of Oregon 2015 Conference, October 2, 2015
  • Guest Lecturer, Lewis & Clark Law School, In-House Counsel Seminar, April 1, 2015
  • “Bitcoin: Regulations and Legal Risks for a New Virtual Currency,” Oregon State Bar Securities Regulation Section, March 18, 2015
  • “Best Practices,” Portland Domestic Business Mission to Houston, TX, February 9, 2015
  • Halliburton II: Supreme Court Upholds Fraud on the Market Presumption, but Gives Securities Defendants a Fighting Chance at Defeating Class Certification,” Securities and Transactional Litigation Alert, July 7, 2014
  • “Fairness Opinions: Liability Issues an Investment Bank Should Consider,” Bloomberg Law Reports, August 29, 2011
  • “How the Supreme Court’s Opinion in Halliburton May Affect Class Certification Strategies in Securities Class Actions,” BNA Class Action Litigation Report, July 18, 2011
  • “Damages in Securities Fraud Cases: Why Courts May Be Moving Away from an Approach that Measures Damages in Percentage Terms,” Securities Reform Act Litigation Reporter, 2009
  • “Sizing Securities Fraud Damages: ‘Constant Percentage’ on Way Out?” New York Law Journal, 2009



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