Experience

Representative White-Collar Matters

• Defense of the former plant manager of an aluminum extrusion company charged with Major Fraud Against the United States for altering the test results of parts incorporated into NASA and Missile Defense Agency rockets, resulting in complete acquittal on all charges. 
• Defense of former CEO of Enron Broadband Services in three-month securities fraud trial resulting in acquittals on 17 counts and mistrial on the remaining counts.
• Defense of California biodiesel facility charged with multiple violations of the Clean Water Act for allegedly improper discharges of wastewater.
• Representation of multiple renewable energy companies in investigations involving alleged violations of the Bald and Golden Eagle Protection Act and Endangered Species Act.
• Defense of online retailers of precious metals and digital currency in extended grand jury investigation for money laundering and transfer violations that resulted in no charges being brought.
• Defense of various healthcare providers, including medical device manufacturers, labs, and physicians, in Stark and AKS investigations.
• Defense of individuals and corporations accused of violating export laws, customs laws, and laws and regulations regarding transfers to Iran.
• Defense of multiple corporations and individuals in criminal antitrust price-fixing investigations in the automotive, graphite, and agricultural industries.
• Representation of multiple ship owners and crewmembers in Coast Guard maritime oil-water separator investigations.
• Representation of crew members of the M/V New Carissa in connection with U.S. Coast Guard hearings and criminal Clean Water Act investigation associated with the 1999 grounding of the New Carissa off Coos Bay, Oregon.
• Representation of numerous corporations and individuals in grand jury investigations for criminal antitrust, securities fraud, environmental, export, and customs law violations.

Representative Environmental Matters

• Representation of the Oregon Forest Industries Council and multiple timber companies in a Clean Water Act suit seeking to require NPDES permits for stormwater discharges from forest roads. Lead counsel in District Court and Ninth Circuit proceedings and co-counsel in United States Supreme Court proceedings, eventually leading to ruling that permits not required. Decker v. Northwest Environmental Defense Center, 133 S. Ct. 1326 (2013).
• Representation of Oregon Resources Corporation in a Clean Water Act, ESA, and NEPA suit challenging the development of a chromite sands mining facility on the Oregon coast. Obtained summary judgment after defeating a motion for a preliminary injunction and successfully defended result on appeal. Jones v. NMFS, 741 F3d 989 (2013).
• Representation of Ascot USA in a challenge to mineral prospecting in the Gifford Pinchot National Forest alleging claims under federal land laws, NEPA, and NMFA. Gifford Pinchot Task Force v. Perez, Case No. 13-cv-840 (D. Or. 2013).
• Representation of Hyundai Semiconductor America, Inc. in a Clean Water Act citizen suit challenging the wetlands fill permitting associated with construction of its wafer manufacturing facility in Eugene, Oregon. Obtained summary judgment in favor of Hyundai at trial court and successfully defended result on appeal. Northwest Environmental Defense Center v. Wood, 97 F3d 1460 (9th Cir. 1996).
• Representation of R.L.K. & Company (operators of Timberline Ski Area) in a Clean Water Act citizen suit challenging salting practices used for summer skiing operations. Obtained summary judgment in favor of R.L.K. at trial court and successfully defended result on appeal. Citizens Interested in Bull Run, Inc., v. RLK & Company, 141 F3d 1174 (1998).
• Representation of numerous corporations and individuals in connection with federal and state criminal grand jury and civil penalty investigations, including Clean Water Act, Clean Air Act, RCRA, and Endangered Species Act investigations by the Environmental Protection Agency, National Marine Fisheries Service, Oregon Department of Environmental Quality, and others.

Representative Business Litigation and Tax Matters

• Representation of multiple online travel companies challenging the applicability of transient lodging taxes to their Portland, Oregon, operations.
• Representation of owner of major pulp and paper mill in challenge to property tax assessment based on acquisition of new equipment.
• Representation of corporations and individuals in antitrust, securities, and corporate governance disputes.
• Representation of Native American tribes and tribal governments in contract and governmental disputes.
• Representation of public and closely held corporations in disputes with current and former shareholders and executives.
• Representation of public corporations in contract disputes with suppliers and purchasers.
• Representation of public corporations in defending class-action securities, employment, and consumer-rights litigations.

Honors & Activities

Professional Honors and Activities

• Included in The Best Lawyers in America^® (currently: Commercial Litigation, Criminal Defense/White-Collar, Environmental Law, Litigation—Antitrust, Litigation—Environmental, Litigation—Health Care), 2013–2023
• Listed in Oregon Super Lawyers^® (Criminal Defense: White Collar, Business Litigation, Environmental Litigation), 2009–2014, 2016–2018
• Selected as a “Litigation Star” by Benchmark Litigation
• Recipient, Stoel Rives LLP Andrew Guy Pro Bono Award, 2021
• AV Preeminent Peer Review Rated with Martindale-Hubbell^®
• Member, Federal Bar Association for the District of Oregon
• Member, Litigation and Criminal Sections, American Bar Association

Civic Activities

• Current Member, Oregon State Bar Board of Governors
• Commissioner, Oregon Public Defense Services Commission
• Chair, Board of Directors, Literary Arts, 2010–2012

Insights & Presentations

• “Criminal Issues Facing the Workplace,” SHRM/Stoel Rives 21st Annual Labor and Employment Law Conference, March 2023
• “New Year, New Eagle Rule: What It Means for Project Developers and Operators,” Stoel Rives webinar, January 2017
• “Fraud and Abuse Update,” Oregon State Bar, Health Law Section, October 2014
• “Wind Energy Operators Need Eagle Eyes for New Rules” (co-author), Law 360, January 2014
• “FWS Extends Eagle “Take” Permit to 30 Years | What You Need to Know” (co-author), Stoel Rives Environmental Law Alert, December 6, 2013
• “Federal Court Holds That the Migratory Bird Treaty Act Does Not Apply to Lawful Activities That Result in the Incidental Taking of Protected Birds” (co-author), Stoel Rives Environmental Law Alert, January 30, 2012
• “Ethical Considerations in Advising Clients Regarding Fraud,” 2011 Health Law CLE, Portland, OR, October 7, 2011
• “DOJ's New Discovery Policies: Will They Make a Difference?” Understanding DOJ Discovery Policies, Aspatore Books, 2011
• “Telebriefing on NEDC v. Brown, Forest Roads and the Clean Water Act,” Law Seminars International, September 22, 2010
• “Practical Tips for Responding to a Government Investigation,” Northwest Environmental Conference & Tradeshow, December 7–8, 2009
• “Challenging Amount of Loss in Securities Fraud Cases,” NACDL 2009 Fall Meeting and Seminar, November 6, 2009
• “Litigation Update,” Stoel Rives Legal Updates for the Forest Products Industry, October 27, 2009
• “Tips on Conducting Internal Investigations of Environmental Crimes,” The Advocate (Idaho State Bar Journal), June/July 2007
• “Defending an Innocent Client in the Enron Criminal Cauldron” (copresenters Barnes Ellis and David Angeli), 14th Annual OSB Litigation Institute and Retreat, March 3, 2007
• “Options Backdating,” SEC Hot Topics Institute, June 21, 2006
• “Reexamining ‘Loss’ and ‘Gain’ in the Wake of Dura Pharmaceuticals v. Broudo—New Ammunition for Securities Fraud Defendants” (co-author David Angeli), The Champion, May 2006

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