Experience

Complex Commercial Litigation

• Obtained favorable results in unlawful trade practices enforcement actions brought by Attorneys General in multiple states against the maker of 5-hour ENERGY^®. Obtained complete defense verdict after three-week trial in action brought by the Oregon Attorney General alleging violations of Oregon’s Unlawful Trade Practices Act. Prevailed on significant claims following three-week trial in action brought by the Washington Attorney General alleging violations of the Washington Consumer Protection Act. Successfully resolved through settlement an action brought by the Idaho Attorney General for alleged violations of the Idaho Consumer Protection Act after obtaining a favorable ruling on a motion to dismiss.
• Obtained favorable settlement for institution of higher education in False Claims Act case filed in the District of Arizona for alleged falsely certifications of compliance with the Higher Education Act. Representation included extensive internal investigation and motion practice.
• Representation of complex metals manufacturer in arbitration filed with the American Arbitration Association, International Centre for Dispute Resolution, seeking indemnification for breach of representations and warranties made in a securities purchase agreement.
• Representation of online service provider in a putative class action alleging discrimination under the Oregon Public Accommodations Act.
• Representation of cogeneration facility in connection with a dispute with its steam host; assisted in obtaining a favorable result for the client during mediation. Drafted and negotiated revisions to complex purchase and sale agreements and confidentiality agreements for the client.
• Representation of former subsidiary of a Fortune 500 company in action filed in the District of Connecticut alleging that the company failed to satisfy contractual obligations to comply with state environmental statute and asserting counterclaim for breach of promissory note. Prevailed on summary judgment on client’s counterclaim and successfully resolved environmental claims in settlement.
• Representation of Port of Portland in action by the International Longshore & Warehouse Union alleging violations of the Oregon Public Records Law.
• Member of trial team that obtained complete defense verdict following jury trial in class action seeking $144 million from insurance company for alleged violations of Fair Credit Reporting Act.
• Member of trial team representing shareholders of ophthalmology practice in action against founding shareholder for fraud, breach of fiduciary duty and interception of communications. After eight-week jury trial, obtained favorable verdict and multimillion-dollar award for clients.
• Representation of majority shareholder at trial in action by minority shareholder for breach of fiduciary duty and minority shareholder oppression.
• Member of litigation team that obtained favorable arbitration award in valuation dispute concerning sale of bulb company pursuant to stock purchase agreement.
• Representation of owner of sports franchise in breach of contract action; obtained favorable settlement after mediation.
• Assisted in conducting internal investigation for large public automotive retailer related to the reporting of vehicle sales to manufacturers. The investigation resolved matters to the satisfaction of the company’s external auditors.

Condemnation and Real Property Disputes

• Advise clients about condemnation process and strategy, including pre-litigation matters, and work with right-of-way agents and other subject matter experts (including appraisers).
• Representation of local mass transit district, Tri-County Metropolitan Transportation District (TriMet), in condemnation action arising from TriMet’s acquisition of property for a bus base, maintenance and operations facility. After a week-long jury trial, obtained a verdict for just compensation in an amount equal to the amount alleged by TriMet.
• Representation of TriMet in numerous condemnation actions in connection with its expansion of light rail lines in the Portland-metro area.
• Member of trial team that defended TriMet and the City of Portland in action by property owner for damages relating to TriMet’s expansion of light rail in downtown Portland; responsible for drafting substantive trial documents; responsible for drafting briefs on appeal.
• Representation of property owners in various eminent domain-related matters.
• Representation of Multnomah County in condemnation actions in connection with the Sellwood Bridge replacement project.
• Representation of four port districts in Washington in connection with the Columbia River Channel Improvement Project.
• Representation of owner of mobile home park; successfully defended against a motion for a temporary restraining order sought by park residents to prevent owner from selling park to a third party.
• Representation of fee title owner of real property sold pursuant to a land sale contract in action brought by adjacent property owner claiming ownership interests in certain improvements on the land and easements.

Health Care Litigation

• Representation of two coordinated care organizations (CCOs) in separate lawsuits filed by a mental health treatment center demanding payment for certain services rendered to CCOs’ members.
• Representation of health care entities in a False Claims Act suit brought by a former employee for alleged unlawful Medicare and Medicaid billing practices and violations of the Stark Law and Anti-Kickback Statute. Obtained dismissal of complaint with prejudice in the district court and handling appeal to the 9th Circuit.
• Representation of national network of local health care and human services providers that offer services to individuals with intellectual and developmental disabilities in various state regulatory and administrative proceedings, including contested case proceedings.
• Representation of provider of mental health services and individual providers in responding to complaints, investigations, and disciplinary proceedings before health regulatory boards.
• Obtained favorable settlement in suit between CCO and the Oregon Health Authority brought in Oregon state court alleging, among other things, that OHA breached its contract when it adopted capitation rates that are not actuarially sound in accordance with federal law.
• Representation of provider of health care services in connection with bid to contract with Oregon Health Authority to provide care coordination services for Oregon’s Medicaid fee-for-service members. Successfully protested OHA’s initial notice of intent to award contract to competing bidder and secured notice of intent to award contract to client. Obtained successful settlement in subsequent lawsuit brought by competing bidder seeking judicial review of OHA’s decision.
• Representation of providers of therapeutic services to vulnerable youth in action against the Oregon Youth Authority, Oregon Health Authority, and Department of Human Services challenging reimbursement rates partially funded by Medicaid and arising under the Oregon Administrative Procedures Act. Successfully resolved in settlement.
• Representation of provider of physical and mental health services in various litigation matters, including responding to subpoenas seeking protected health information, including drug and alcohol treatment records.
• Representation of various medical providers and physician groups in investigating and assessing Medicaid and Medicare overpayments and negotiating repayment obligations with the responsible government agencies.
• Representation of proprietary educational institution in matter concerning certification of nursing program by the Oregon State Board of Nursing.

Honors & Activities

• Included in The Best Lawyers in America^® (Commercial Litigation, Eminent Domain and Condemnation Law), 2022–2024
• Listed among Rising Stars (Business Litigation, Eminent Domain), Oregon Super Lawyers^®, 2013–2015
• Jesuit High School, Board of Trustees Member, Vice Chair and Chair of Ignatian Formation Program Subcommittee
• Oregon State Bar Associate, Executive Committee Member of Business Litigation Section
• Federal Bar Association, Oregon Chapter, Board of Directors (former)
• Oregon State Bar Association, Member
• Federal Bar Association, Member
• Women’s White Collar Defense Association, Member
• Multnomah County Bar Association, Member
• Committee Co-Chair, Bonny Slope Community Organization (former)

Insights & Presentations

• “Is Mediation Taking the Place of Condemnation Trials—and Should It?” Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, May 2023
• “Cost to Cure,” 10th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2017
• “Legal Nonconforming Uses in Condemnation: An Overview of Oregon Case Law,” 8th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2015
• Updating author, Oregon State Bar Legal Publications, Damages, Condemnation Chapter (Chapter 19, formerly Chapter 22, published 2015)
• “Identifying, Classifying, Locating and Litigating Easements,” Determining Land Ownership and Access Rights, HalfMoon Education, Inc., Portland, OR, December 2014
• “Proper Role of the Appraiser and Using ‘Assumptions’: Use of Extraordinary Assumptions and Hypothetical Conditions in Condemnation Litigation,” 7th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2014
• “Overview of the Condemnation Process: Substantive Rules; Prerequisites, Pleadings; Discovery,” 6th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2013
• “Overview of the Condemnation Process: Substantive Rules; Prerequisites, Pleadings; Discovery,” 5th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2012
• “Responding to Agency Investigations,” 5th Annual Stoel Rives LLP Oregon Wine Law Seminar, Newberg, OR, February 2012
• “A Changing Landscape for Recovering Attorney’s Fees in Condemnation Actions: The New Offer of Compromise Statute in ORS Chapter 35,” Oregon State Bar Litigation Journal, Winter 2010
• “Custom Crush and Bulk Wine Sales Agreements,” Wine Business Monthly, August 2010
• “How Much Regulation Can We Swallow? The Ban on Ephedra and How It May Affect Your Access to Dietary Supplements,” Journal of Legislation, 2005

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