Jeremy D. Sacks

Jeremy D. Sacks

Partner
Portland, OR
Overview

About Jeremy

Jeremy Sacks is a partner in the Litigation Practice Group, chair of the firm’s Energy Litigation Initiative, and chair of the Portland office Trial group. His practice focuses on complex litigation in a variety of businesses, including the automotive retail, energy and health care industries. He has experience litigating business torts, contract disputes, securities fraud, False Claims Act issues, shareholder disputes, class actions, licensing disputes, and antitrust claims. Jeremy also has substantial experience conducting internal corporate investigations and handling export and import matters. He has represented individual and corporate clients, both regional and national, in a variety of private, state and federal forums.

Jeremy was a litigator at the Washington, D.C., office of Fried, Frank, Harris, Shriver & Jacobson from 1994 to 1998. During 1993-1994, Jeremy was a staff volunteer at the NAFTA Office of the Executive Office of the President and an intern at the Office of the Deputy United States Trade Representative.

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Experience

Experience

Complex Commercial Litigation

  • Stein v. De Boer, et al. and Jessos v. De Boer, et al. Obtained favorable settlement defending all but one of the directors of Lithia Motors, Inc., against consolidated derivative suits that alleged breach of fiduciary duties, waste of corporate assets, and unjust enrichment in connection with the board’s adoption of a transition agreement for Lithia’s Executive Chairman and former Chief Executive Officer.
  • FamilyCare, Inc. v. Oregon Health Authority. Obtained favorable settlement in suit between a coordinated care organization and the Oregon Health Authority brought in Oregon state court alleging, among other things, that OHA breached its contract with the CCO when OHA adopted reimbursement rates that were not actuarially sound, in violation of federal law.
  • U.S. ex rel. Regina Calisesi, et al. v. HotChalk, Inc., et al. Obtained favorable settlement for institution of higher education in suit brought in the District of Arizona alleging, among other things, certain student recruitment activities allegedly undertaken by another defendant violated the Higher Education Act and hence the Civil False Claims Act. Representation included extensive internal investigation as well as negotiations with various U.S. government agencies and with multiple qui tam plaintiffs.
  • Spada Properties, Inc. v. Unified Grocers, Inc. Obtained summary judgment in the District of Oregon for grocery wholesaler, which had been sued by a fresh produce supplier under the Perishable Agricultural Commodities Act (“PACA”). In a case of first impression turning on statutory and regulatory interpretation, the court determined that the plaintiff’s conduct in accepting late payments established, as a matter of law, a course of dealing in violation of PACA’s prompt payment terms, thereby waiving any trust rights plaintiff had in the proceeds.
  • Pioneer Americas LLC v. Saguaro Power Co., et al. Represented Saguaro, an electrical power producer, in a dispute with its steam host, Pioneer. Pioneer alleged breach of the Site Services Agreement ("SSA") under which it sells hydrogen to Saguaro; Saguaro filed counterclaims. The parties participated in four rounds of mediation and reached agreement on a number of business items in addition to settling the claims at issue in the suit.
  • ESCO Corp. v. Bradken Resources Pty Ltd. Obtained Final Award in ESCO Corporation's favor in an ICC arbitration between ESCO and its long-term Australian licensee, Bradken Resources. The Final Award granted ESCO's request for a declaration confirming that the parties' long-term licensing and distribution agreement would expire in June 2011, rejected all of Bradken's claims, including claims seeking treble damages (totaling nearly US$2 billion) under U.S. antitrust laws, and concluded that the contractual restrictions on Bradken's competitive activities and post-termination use of ESCO's technology were enforceable. The Arbitrator awarded ESCO nearly US$8 million in fees and costs.
  • U.S. ex rel. Schaferkotter. Obtained favorable settlement for maritime navigation and electronics provider in suit brought in the Western District of Washington alleging that sales to U.S. government buyers violated the Trade Agreements Act and Buy American Act, and hence the Civil False Claims Act. Representation involved extensive internal investigation as well as negotiation with U.S. government and with qui tam plaintiff.
  • Johnson v. Camp Automotive, Inc. and Lithia Motors, Inc. Obtained judgment in favor of defendants in putative class action suit alleging violations of Washington's business and occupation tax law and the Washington Consumer Protection Act. Defendants prevailed on appeal in Division III of the Washington Court of Appeals, which entered an order directing judgment in favor of the defendants on these two statutory claims.
  • Akers, et al. v. United States, et al. Obtained summary judgment in favor of well-known government contractor defendant in suit alleging state statutory employment law, tort, fraud and contract claims instituted by a large group of construction worker plaintiffs at the U.S. Army's Umatilla Chemical Agent Disposal Facility. Defense of client in the District of Oregon involved documentary and deposition discovery nationwide, as well as complex immunity defenses.
  • Pisano v. House of Blues Brands Corp. Obtained favorable settlement for rights holder of well-known entertainment icon in arbitration stemming from alleged breach of licensing agreement by licensee. Representation also included successfully defending related action in the Central District of California allowing arbitration to proceed under the terms of the license agreement.
  • International Garden Products, Inc. v. Langeveld International Holdings, Inc. After a seven-day AAA arbitration, obtained award substantially in favor of seller of business in dispute over value of bulb company sold pursuant to a stock purchase agreement. Representation included affirmative claims for breach of SPA as well as defense of counterclaims for breach of contract and fraud.
  • Joshmo LLC v. Excellon Acquisition LLC. Obtained JAMS arbitration award in favor of client on breach of contract claims against former business associates. Case involved rights and duties under real estate investment contract entered into by the parties, which the defendant company breached by withholding significant sums from client.
  • Beaver Creek Cooperative Telephone Co. v. Clackamas County. Settled on favorable terms client's franchise claims against county arising under the Federal Cable Communications Act. Representation involved substantial motions practice in the District of Oregon.
  • Abbott v. Good Shepherd Medical Center. Obtained favorable settlement for medical center in a suit brought in the District of Oregon by a disgruntled physician alleging misappropriation and emotional distress; plaintiffs' claims grew out of a U.S. government investigation involving allegation of Civil False Claims Act violations. Representation involved extensive motions practice, expert work, dismissal of state RICO claims on a motion to dismiss and dismissal of identity theft and trade secret claims on partial summary judgment.
  • American Industries, Inc., et al. v. Imaging Technologies Corp., et al. Second-chaired trial team in Multnomah County Circuit Court that obtained jury verdict finding individual officer and director and corporate clients not liable for securities fraud in connection with private placement of high-technology company's securities.
  • Behfarin, et al. v. Imaging Technologies Corp., et al. Second-chaired securities fraud class action defense of high-technology company and its officers and directors in the Southern District of California. Obtained settlement of claims.
  • Renton v. Kaiser Foundation Health Plan, Inc., et al. ERISA class action against numerous entities participating in Kaiser Permanente health system settled on favorable basis after defense team - in which Stoel Rives was a partner and represented entities related to the Permanente Medical Group - convinced the Western District of Washington not to certify a plaintiff class.
  • Ingram Micro, Inc. v. Fred Meyer, Inc. Represented major retailer in a dispute with a large consumer electronics supplier involving complex accounting and contract issues concerning proper credits, returns, warranty claims, allowances and the like. Successfully resolved the matter in an early mediation of the dispute.
  • Interlogix, Inc. v. Interwest General Corp., et al. Second-chaired team that successfully settled claim by our client, a high-technology company, against former business associate relating to ownership and exploitation of intellectual property rights to broadcasting technology.

Public and Constitutional Law

  • Consolidated PERS Litigation. As Special Counsel to the Governor of Oregon, defended a series of statutory amendments to the Public Employees Retirement System (PERS) designed to keep the system solvent. Representation included defending the amendments against a variety of actions, running the gamut from state and federal constitutional claims to breach of contract allegations in both federal and state courts. In the main federal case, we obtained summary judgment upholding the legislation. In the main consolidated state case, the Oregon Supreme Court upheld the majority of the amendments.

Internal Investigations and White Collar Defense

  • Internal Investigation for Lithia Motors, Inc. Conducted internal investigation for large public automobile retailer related to the reporting of vehicle sales to manufacturers. Investigation resolved matters to the satisfaction of the company's external auditors.
  • Client Name Withheld. Conducted internal investigation for large public electronics manufacturer related to allegations made by federal government that certain of the company's products were exported in violation of federal law.

Antitrust Counseling

  • Represented business clients in premerger review proceedings before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. Clients include Precision Castparts Corp., Hollywood Entertainment Corp., and Textronix, Inc.
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Honors

Honors & Activities

Professional Honors and Activities

  • Named by Best Lawyers® as Litigation-Regulatory Enforcement (SEC, Telecom, Energy) “Lawyer of the Year,” 2017, 2019 
  • Included in The Best Lawyers in America© (currently: Commercial Litigation, Litigation – Banking & Finance, Litigation – Mergers & Acquisitions, Litigation – Regulatory Enforcement (SEC, Telecom, Energy), Litigation – Securities), 2011-2019
  • Listed in BTI Client Service All-Stars, 2014, 2016, 2018
  • Listed in Oregon Super Lawyers® (Business Litigation, Class Action/Mass Torts, Civil Litigation: Defense), 2009-2018
  • Selected as a “Litigation Star” by Benchmark Litigation (Energy and Natural Resources), 2018
  • Named an “Individual Star” lawyer by Acritas Stars, 2018 
  • Listed among Rising Stars (Business Litigation), Oregon Super Lawyers®, 2008
  • AV Preeminent Peer Review Rated with Martindale-Hubbell®
  • Member, Litigation Section, American Bar Association
  • Member, Antitrust Section, American Bar Association
  • Member, Multnomah Bar Association

Civic Activities

  • Member, Board of Directors, Ninth Judicial Circuit Historical Society, 2017-present
  • Member, Board of Directors, Portland Farmers Market, 2012-2016
  • Member, Board of Directors, East/West Sylvan Foundation, 2011-2014
  • Member, Board of Directors, Chamber Music Northwest, 2009-2012
  • Member, Board of Directors, Oregon Democratic Lawyers Council and co-coordinator for Multnomah County
  • Member, American Constitution Society/Oregon Chapter
  • Member, Oregon Area Jewish Committee
  • Member, Board of Directors, Chapman Educational Foundation, Past President, 2008-2009
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Insights & Presentations

Insights & Presentations

  • “Your Thoughts: US Muslim Travel Ban,” Lawyer Monthly, July 3, 2018
  • “Special Report: 5 Litigation Minefields,” Portland Business Journal, Oct. 16, 2015
  • “Health Care Fraud and Abuse,” Health Law Manual, Oregon State Bar, 2012
  • “Companies Can Face Liability for Loss of Customer Information,” Portland Business Journal, Apr. 13, 2012
  • “Litigation,” Law of Wine, 2011
  • “Custom Crush and Bulk Wine Sales Agreements,” Wine Business Monthly, Aug. 2010
  • “Oregon,” Business Torts: A Fifty-State Guide, Wolters Kluwer, 2008-2016
  • “Even Accidental Mistakes Create the Wrong Impression,” Portland Business Journal, May 16, 2008, CFO of the Year Insert at 29
  • “Litigation,” Law of Wind, 2008
  • “Antitrust,” Advising Oregon BusinessOregon State Bar, 2008
  • “On the Stand: Executives Can Prepare to Give Testimony,” Portland Business Journal, Aug. 4, 2006
  • “Culture, Cash, or Calories: Interpreting Alaska Native Subsistence Rights,” Alaska Law Review, 1995
  • “Monopsony and the Archers: Rethinking Foreign Acquisitions After Thompson-LTV,” Law & Policy in International Business, Nov. 3, 1994 (reprinted in part in Dale A. Oesterle, The Law of Mergers and Acquisitions, West, 2002)



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