Experience

Representative Environmental Matters

• Represented 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, 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).
• Represented Oregon Resources Corporation in a Clean Water Act, ESA and NEPA suit challenging the development of a chromite sands mining facility on the Oregon cast.Obtained summary judgment after defeating a motion for a preliminary injunction and successfully defended result on appeal.Jones v. NMFS, 741 F3d 989 (2013).
• Represented 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).
• Represented 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).
• Represented 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).
• Represented 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 White Collar Matters

• Defended the former CEO of Enron Broadband Services in three and a half month securities fraud trial resulting in acquittals on 17 counts and mistrial on the remaining counts.
• Successfully defended online retailers of precious metals and digital currency in extended grand jury investigation for money laundering and transfer violations.
• Defended individuals and corporations accused of violating export laws, including laws and regulations regarding transfers to Iran.
• Defended a Japanese graphic manufacturer in federal criminal price fixing case.
• Represented ship owners and crewmembers in numerous maritime oil water separator investigations.
• Represented 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.
• Successfully defended a software development company in an 18 month grand jury investigation involving criminal misappropriation of trade secrets under the Economic Espionage Act in addition to allegations of mail and wire fraud.
• Represented numerous corporations and individuals in grand jury investigations for criminal antitrust, securities fraud, environmental, export and customs law violations.

Representative Business Litigation and Tax Matters

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

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), 2013‑2020
• Listed in Oregon Super Lawyers^® (Criminal Defense: White Collar, Business Litigation, Environmental Litigation), 2009‑2014, 2016-2018
• AV rated by 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

• “New Year, New Eagle Rule: What It Means for Project Developers and Operators,” Stoel Rives webinar, Jan. 2017
• “Fraud and Abuse Update,” Oregon State Bar, Health Law Section, Oct. 2014
• “Wind Energy Operators Need Eagle Eyes for New Rules” (co-author), Law 360, Jan. 2014
• “FWS Extends Eagle “Take” Permit to 30 Years | What You Need to Know” (coauthor), Stoel Rives Environmental Law Alert, Dec. 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” (coauthor), Stoel Rives Environmental Law Alert, Jan. 30, 2012
• “Ethical Considerations in Advising Clients Regarding Fraud,” 2011 Health Law CLE, Portland, OR, Oct. 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, Sept. 22, 2010
• “Practical Tips for Responding to a Government Investigation,” Northwest Environmental Conference & Tradeshow, Dec. 7‑8, 2009
• “Challenging Amount of Loss in Securities Fraud Cases,” NACDL 2009 Fall Meeting and Seminar, Nov. 6, 2009
• “Litigation Update,” Stoel Rives Legal Updates for the Forest Products Industry, Oct. 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, Mar. 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” (coauthor David Angeli), The Champion, May 2006

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