Experience

Securities Litigation

John has extensive first-chair 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, derivative lawsuits, M&A litigation (including post-closing disputes between transaction parties), Ponzi scheme-related litigation and fiduciary duty disputes. He has a strong track record of achieving dismissal of securities class actions before discovery and has represented clients in courts across the country.

John has extensive experience handling challenging disputes involving principals of closely held companies, including family-owned companies. He has written and spoken extensively on a wide range of securities matters, with a focus on loss causation and economic damages in securities class actions. John’s experience includes:

• 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.

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:

• 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.

Intellectual Property

John has successfully handled a number of intellectual property related matters for a variety of different clients, including trade secret, patent, and copyright matters.

• Representation 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.
• Representedation 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.

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. John’s experience in this area includes:

• 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.

Commercial/Business Litigation

• John frequently represents clients in a variety of other business disputes, including breach of contract and related actions.

Honors & Activities

Professional Honors & Activities

• Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Litigation: General Commercial), 2021–2022
• Included in The Best Lawyers in America^® (currently: Litigation—Insurance, Litigation—Securities), 2020–2023
• 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, Oregon Chapter of Risk and Insurance Management Society
• 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
• Past Large Firm Committee Member, Campaign for Equal Justice
• Past Board Member, Georgetown Club of Chicago

Insights & Presentations

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
• 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
• “Lawyers Are from Mars, Jurors Are from Venus,” Owen M. Panner Inn of Court, November 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, March 19, 2014
• Portland Harbor Insurance Coverage Issues, March 19, 2014
• Seeking Insurance Coverage for Portland Harbor Superfund Liabilities, February 20, 2014
• “2013 Amendments to the Oregon Environmental Cleanup Assistance Act,” Oregon Risk Management Society, February 20, 2014
• Maximize Your Advantage—Get the Most Out of Rule 30(b)(6) Depositions, February 13, 2014
• “The Practice of Securities Law,” Willamette Law School, October 2, 2013
• “Fraud on the Market: Now the Law in Oregon, but Questions Remain,” Oregon State Bar Securities Regulation Section, April 17, 2013
• “The Practice of Securities Law,” Lewis & Clark Law School, April 3, 2013
• “Judicial Elections in Oregon,” Owen M. Panner Inn of Court, November 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, November 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, April 4, 2014
• “Environmental Clean-Up Insurance Laws: The Situation in Oregon,” Insurance Coverage Law Report, February 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, September 21, 2012
• “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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