Experience

Class Actions

• Obtained unanimous defense jury verdict for insurance company in class action seeking in excess of $144 million in statutory damages for alleged violations of the Fair Credit Reporting Act.
• Secured favorable settlement as lead counsel for insurance company in national multidistrict litigation challenging insurer’s compliance with Fair Credit Reporting Act.
• Served as lead counsel for multiple consumer financial services companies and health care systems in national class actions alleging violations of Fair Credit Reporting Act relating to employment background checks.
• Secured favorable settlement as lead counsel to healthcare system in class action alleging violations of Washington’s Charity Care Act in advance of class certification.
• Secured favorable settlement for telecommunications company in class action alleging violations of late payment fee provisions of Unlawful Trade Practices Act.
• Defeated class certification in class action against insurance company contending insurer failed to pay reasonable and necessary medical expenses under auto insurance policies.
• Serves as lead counsel to insurer in class action alleging violations of Oregon law relating to disclosures of right to choose auto repair shop.
• Serves as lead counsel to insurer in class action alleging violations of Minnesota law relating to Personal Injury Protection and Uninsured Motorist provisions of auto insurance policies.
• Represents online vacation property management company in class action alleging violations of owner’s contracts. Successfully compelled individual action to arbitration.
• Represents sewer utility in class action relating to ownership of sewage lines and repair obligations concerning same.

Antitrust and Unlawful Trade Practices

• Obtained summary judgment and dismissal of cases for seafood processor in series of antitrust lawsuits alleging monopolization of West Coast seafood food markets.
• Secured favorable settlement for consumer electronics manufacturer in series of antitrust actions brought by Oregon and Washington Attorneys General.
• Represents manufacturer of energy supplements in Unlawful Trade Practices Act and Consumer Protection Act enforcement actions brought by Oregon and Washington Attorneys General.
• Regularly counsels business clients in responding to Civil Investigative Demands and inquiries by Civil Enforcement Divisions of Oregon and Washington Attorneys General, including negotiation of Assurances of Voluntary Compliance.

Corporate Governance and Shareholder Disputes

• Representation of majority shareholders in multiple closely held corporation lawsuits alleging minority shareholder oppression and breach of fiduciary duty. Resolved in settlement after bench trial.
• Obtained judgment and award of attorneys’ fees following bench trial concerning shareholders’ rights to information in hostile takeover dispute.

Commercial Litigation

• Secured favorable settlement after obtaining a preliminary injunction enjoining sale of seafood processing facility in violation of client’s right-of-first refusal to purchase the plant.
• Representation of regional transportation district in letter of credit dispute relating to railcar contracts. Obtained judgment in client’s favor following appeal to Ninth Circuit Court of Appeals.
• Represents publicly traded company in lawsuit alleging breach of contract in connection with negotiation of credit facility.
• Representation of solar panel manufacturer in commercial contract and warranty disputes.
• Representation of wind power developers in power purchase agreement and development agreement disputes.
• Representation of financial services company in disputes with investment advisors and customers, including arbitrations before FINRA.
• Representation of insurer in disputes with insurance agents over rights and obligations under agent appointment agreements.
• Representation of buyers and sellers in “earn out” disputes following purchase and sale of businesses.

Insurance Coverage and Bad Faith Litigation

• Obtained summary judgment in favor of national early childcare provider in insurance coverage action seeking defense and indemnity for injury claims. Judgment affirmed by Ninth Circuit Court of Appeals.
• Obtained summary judgment in favor of national early childcare provider against insurer asserting multimillion-dollar subrogation claims relating to defective toy products.
• Successfully represented utility in insurance coverage action seeking indemnification for forest fire losses in Oregon.
• Represents insurer in lawsuits seeking insurance coverage and alleging bad faith and violations of Washington’s Insurance Fair Conduct Act, relating to condominium damage claims.

Honors & Activities

Professional Honors & Activities

• Named as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Litigation: General Commercial), 2016–2022
• Included in The Best Lawyers in America^® (currently: Commercial Litigation, Litigation—Antitrust, Litigation—Construction, Litigation—Environmental), 2022–2023
• Past Chair, Oregon State Bar Business Litigation Section
• Member, American Bar Association, Class Action and Securities Litigation Section
• Oregon State Liaison, American Bar Association, Class Actions and Derivative Suits Subcommittee
• Member, Oregon State Bar Securities Section
• Member, Multnomah County Bar Association

Insights & Presentations

• Co-Author, “A Practitioner’s Guide to Class Actions,” (ABA 2d ed.) (Fall 2017)
• “Navigating Attorney General Investigations,” Association of Corporate Counsel CLE, April 25, 2017
• “When ‘Non-Binding’ Agreements Become Binding and the Role of Good Faith,” Oregon State Bar CLE Seminar, September 19, 2016
• “Background Checks and Fair Credit Reporting Act Class Actions,” SHRM Oregon State Council, March 5, 2015
• “Fiduciary Duties in LLCs,” Oregon State Bar CLE, March 21, 2013
• “Shareholder Records Demands in Oregon,” Oregon State Bar CLE, February 5, 2013
• “Set Terms of Minority Owner Buyouts When They First Buy In,” Portland Bus. Journal, August 17, 2012
• “Practical ‘How To’ Advice to Avoid Litigation Nightmares,” Stoel Rives LLP, May 19, 2011
• “Essential Issues for LLC and Other Limited Liability Entities,” Oregon State Bar CLE Seminar, October 24, 2008
• “Document Retention and Destruction in Oregon,” Lorman Educational Services Seminar, November 18, 2008
• “Indemnity and Contribution” (contributing author),Torts,Oregon State Bar, 2006
• Comment, “A Rational Basis for Rational Basis Review Under Article I, Section 20 of the Oregon Constitution?” Willamette Law Review, 2003

Related News & Publications