B. John Casey

B. John Casey

Partner
Portland, OR
Overview

About John

John Casey is a partner in the firm’s Portland office. John focuses his practice on complex commercial disputes, including securities litigation, insurance coverage disputes, intellectual property litigation, class action defense, products liability, concussion-related litigation, complex contract disputes, bankruptcy litigation and employment matters. John has extensive experience in all aspects of litigation, including fact and expert discovery, motions practice and trial. Practicing in both federal and state court, John has an established record of successfully resolving cases prior to trial via dispositive motions.

John focuses on creative strategies to solve the complex problems that face today’s corporations and executives and, in this regard, frequently counsels clients on ways to avoid litigation.

He has represented a broad range of clients, including accounting firms, law firms, national banks, investment banks, hedge funds, private equity firms, public utilities, consumer goods companies, technology companies (from start-ups to public companies), media conglomerates and a wide range of manufacturing companies.

John was a partner at Latham & Watkins in Chicago before moving to Portland in 2012. He spent over four years as a partner at K&L Gates in Portland before joining Stoel Rives in 2017.

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Experience

Experience

John has extensive experience in a wide variety of securities-related disputes – under both federal and state law – including the successful representation of companies, officers and directors in “stock drop” class actions, M&A litigation (including post-closing disputes between transaction parties), Ponzi scheme-related litigation, proxy fights, SEC investigations, and other fiduciary duty disputes. John often works with private equity firms and/or their portfolio companies in securities-related disputes. He has written and spoken extensively on a wide range of securities matters and authored a treatise on securities class actions. John’s experience includes:

  • Representing officers and directors of publicly traded equipment manufacturing company in M&A litigation filed in Oregon federal court arising from going-private transaction.
  • Representing Bay Area start-up technology company and CEO in fiduciary duty lawsuits brought by seed investors pending in Delaware Chancery Court and California state court.
  • Representing investment bank in securities-related suit pending in the Southern District of New York.
  • Representing seller of technology company in post-closing earn-out dispute.
  • Represented law firm in Oregon securities litigation matter filed in Oregon federal court alleging secondary liability under ORS 59.115(3).
  • Represented Fortune 500 manufacturer of scientific equipment in M&A litigation filed in Oregon federal court related to acquisition of Oregon company.
  • Secured dismissal of securities-related claims against Chicago-area technology company in Oregon federal court.
  • 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 Oregon federal court.
  • Successfully represented manager-member of Oregon LLC in fiduciary duty dispute with other members.
  • Successfully represented director in Section 10(b) stock-drop class action in the Southern District of New York relating to revenue recognition.
  • 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 Oregon federal court.
  • Represented trustee for Seattle-based real estate funds in multimillion-dollar fraud/Ponzi scheme case.
  • Represented Washington-based bank association in investor class action relating to the
    closing of an exclusive golf resort in Idaho.
  • Secured summary judgment in favor of Omnicom Group, Inc. and certain of its officers and directors in a securities fraud class action lawsuit in which plaintiffs challenged the accounting for Omnicom’s investments in certain interactive advertising companies and sought damages in the billions of dollars. On appeal, secured affirmance by the Second Circuit.
  • Secured dismissal of Section 10(b), 11 and 12(a)(2) 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 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 the company’s FY ’11 guidance miss.
  • Secured favorable settlement for one of the world’s largest diesel engine manufacturers in a securities class action relating to the company’s restatement of financials.
  • Represented the U.S. member of a Big-Four accounting firm against damages claims of more than US$60 million in both U.S. and Irish courts.
  • Represented the umbrella organization of a Big-Four accounting firm in connection with Parmalat Finanziaria S.p.A’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.
  • Represented manufacturer of medical devices in securities class action relating to company’s withdrawal of FY ’11 guidance. Company dismissed with prejudice from the lawsuit in March 2014.
  • Frequently represents investment banks in defending fairness opinions. 

Consumer Class Actions and Related Litigation

John has successfully represented defendants in a number of consumer class actions and related litigation. In this area of his practice, John has worked on a number of cases involving the emerging issues of concussions and head trauma. Experience includes:

  • Representing national bank in collective action brought by Oregon counties in Oregon state court relating to mortgage recording fees. 
  • Represented 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 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 relating to mortgage loan recording fees.
  • Represented one of the world’s largest diesel engine manufacturers in over 20 consumer class actions – later consolidated into a single MDL proceeding in federal court in Chicago – relating to 6.0-liter diesel engine. Client dismissed from proceedings in May 2011.
  • Secured dismissal – on interlocutory appeal – of consumer class action challenging national bank’s check-cashing fee practice.
  • Secured dismissal of consolidated consumer class action filed against natural gas utility and unregulated affiliate relating to gas pipe warranty product.
  • Represented automobile club in consumer class action relating to company’s renewal policy.

Insurance Coverage

John has significant experience relating to insurance coverage issues associated with the Portland Harbor Superfund site, and has written and spoken extensively about these issues.

  • Represented Portland gas utility in insurance coverage lawsuit for liabilities associated with Superfund environmental clean-up.
    • 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 settlement, January 2014.
  • 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.

Intellectual Property

  • 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 Oregon federal court.
  • Represented Washington-based material handling equipment company in trade secret dispute in Oregon federal court.
  • Represented Seattle-based apparel company in trade secret dispute involving e-commerce system. 

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, breach of employment agreements and stock option plans.
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Honors

Honors & Activities

Professional Honors & Activities

  • Chair, Business Litigation Section of the Oregon State Bar
  • Chair-Elect, Securities Regulation Section of the Oregon State Bar
    • Planning Committee, 2017 Northwest Securities Institute (Portland, OR)
  • Past Board Member, Greater Portland, Inc.
  • Past Advisory Board Member, National Association for Corporate Directors – Portland Chapter
  • Member, Oregon Chapter of Risk and Insurance Management Society
  • 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

  • Board Member, Jesuit Volunteer Corps Northwest
  • Board Member, Classroom Law Project
    • Former Coach of Madison High School “We The People” Constitution Team
  • Past Large Firm Committee Member, Campaign for Equal Justice,
  • President and Board Member, Georgetown Club of Oregon
  • Past Board Member, Georgetown Club of Chicago
  • Out of Town Advisory Board, Hoya Hoop Club
  • Member, University of Chicago Club of Oregon
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Insights & Presentations

Insights & Presentations

Presentations

  • 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, Feb. 7, 2017
  • Guest Lecturer, Mediation Seminar, Willamette University College of Law, Oct. 13, 2016
  • Moderator, Perspectives from the Bench – Practice Tips from Two of Our Newest Federal Magistrate Judges, Oregon State Bar Business Litigation Section, Sept. 21, 2016
  • Panelist, Directors and Officers Liability Symposium, June 22, 2016
  • Speaker, Sports Law Panel (Topic: Concussion Litigation), District of Oregon 2015 Conference, Oct. 2, 2015
  • Guest Lecturer, Lewis & Clark Law School, In House Counsel Seminar, Apr. 1, 2015
  • Bitcoin: Regulations and Legal Risks for a New Virtual Currency, Oregon State Bar Securities Regulation Section, Mar. 18, 2015
  • Best Practices, Portland Domestic Business Mission to Houston, TX, Feb. 9, 2015
  • Lawyers are from Mars, Jurors are from Venus, Owen M. Panner Inn of Court, Nov. 11, 2014
  • Beyond Backyard Chickens, Brewpubs and Hipsters: Spotlight on Portland, Georgetown University Alumni Career Services Webinar, May 27, 2014
  • Best Practices, Portland Domestic Business Mission to Pittsburgh, PA, May 19, 2014
  • The Portland Harbor Cleanup – The Role Insurance Companies May Play in a Potential $2 Billion Liability, Oregon State Bar Business Litigation Section, Mar. 19, 2014
  • Portland Harbor Insurance Coverage Issues, Mar. 19, 2014
  • Seeking Insurance Coverage for Portland Harbor Superfund Liabilities, Feb. 20, 2014
  • 2013 Amendments to the Oregon Environmental Cleanup Assistance Act, Oregon Risk Management Society, Feb. 20, 2014
  • Maximize Your Advantage – Get the Most Out of Rule 30(b)(6) Depositions, Feb. 13, 2014
  • The Practice of Securities Law, Willamette Law School, Oct. 2, 2013
  • Fraud on the Market: Now the Law in Oregon, but Questions Remain, Oregon State Bar Securities Regulation Section, Apr. 17, 2013
  • The Practice of Securities Law, Lewis & Clark Law School, Apr. 3, 2013
  • Judicial Elections in Oregon, Owen M. Panner Inn of Court, Nov. 13, 2012
  • In-House Counsel as Corporate Gatekeepers, July 2011
  • A Discussion of Securities Fraud, Loss Causation, and Damages: Topics from Legal, Economic and Regulatory Perspectives, Securities Law Committee of the Chicago Bar Association, Nov. 2010 

Publications

  • The Oregon Securities Law: What Professional Advisors Need to Know, Portland Business Journal, June 6, 2017
  • 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
  • The Superfund’s Paralyzing Effect on Portland, Portland Business Journal, May 16, 2014
  • Will Portland Harbor Superfund delays hamper business prospects along the Willamette River?, Portland Business Journal, Apr. 4, 2014
  • Environmental Clean-Up Insurance Laws: The Situation in Oregon, Insurance Coverage Law Report, Feb. 2014
  • Oregon Enacts Significant Amendment to Environmental Clean-Up Insurance Statute, Insurance Coverage Alert, June 26, 2013
  • What new law, ruling or regulation is opening the door to litigation (and why or how)?, Portland Business Journal, Sept. 2012
  • Fairness Opinions: Liability Issues an Investment Bank Should Consider, Bloomberg Law Reports, 2012
  • How the Supreme Court’s Opinion in Halliburton May Affect Class Certification Strategies in Securities Class Actions, BNA Class Action Litigation Report, 2012
  • 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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