Overview

About Tom

With twenty-five years of courtroom experience, Tom navigates clients through their most complex disputes. He represents individuals and companies in all phases of trial and litigation proceedings in federal and state court, and before administrative agencies. Tom’s experience covers a broad range of industries, including healthcare, professional services, technology, and food products. He directs internal investigations concerning issues of corporate governance, financial fraud, lack of internal controls, and corporate abuse, and defends companies and individuals in regulatory enforcement proceedings.

Tom has also litigated a number of high-profile pro bono cases, including a federal challenge to an inmate’s detention at Guantanamo Bay and the case striking down the State of Oregon’s ban on same sex marriage. He also litigated the 2001 trial in Oregon to settle redistricting issues following the 2000 census.

Prior to joining Stoel Rives, Tom was a partner at Perkins Coie LLP and an associate at Cravath, Swaine & Moore. Tom clerked for the Honorable R. Lanier Anderson, III, on the U.S. Court of Appeals for the Eleventh Circuit.

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Experience

Experience

Commercial Litigation

  • Defended accounting firm in fraud action alleging breaches of fiduciary duty and violations of state regulatory standards.
  • Defends healthcare companies in disputes in volving enforcement of contractual and common-law obligations.
  • Prosecuted federal constitutional claims brought by healthcare company against state healthcare agency.
  • Enforced trustee’s equitable claims for enforcement of corporate governance and estate documents.
  • Represented clients in disputes, in both trial and arbitration, involving indemnity claims, earn-out clauses, and working capital/purchase-price adjustments.
  • Successful defense of 2001 & 2021 Oregon congressional redistricting plans adopted by state legislators.

Securities Litigation & Enforcement

  • Represented directors and officers in subcommittee investigation and litigation in Delaware Chancery Court.
  • Represents clients in squeeze-out, fair value, and shareholder-deadlock litigation.
  • Successfully defended chief executive in case seeking disgorgement of alleged short-swing profits.
  • Prosecuted claims of largest minority shareholder in derivative lawsuit involving purchase of Mt. Bachelor Ski Resort.
  • Conducted internal investigations for companies in professional services, healthcare, food products, and financial services industries.
  • Directed audit committee investigation concerning revenue issues, corporate abuse, and lack of internal controls.

Government Investigations & White-Collar Crime

  • Represented minority owner and general counsel in SEC enforcement action involving alleged Ponzi scheme and financial fraud.
  • Conducted internal investigation on behalf of state economic development agency.
  • Defended public company in investigation by U.S. Department of Justice in case involving alleged kickbacks to foreign officials.

State Attorney General Investigations

  • Represented charitable organization against allegations of financial impropriety and violations of internal controls asserted by state.

Antitrust & Unfair Competition

  • Represented forest products company in federal antitrust trial and appeal in case involving monopoly control and illegal practices.
  • Defended companies in class actions and class certification proceedings in cases alleging violations of Uniform Unfair Trade Practices.

Pro Bono

  • Represented Ihlkham Battayev, detainee at U.S. Naval Station, Guantanamo Bay, Cuba.
  • Privilege of representing couples in successful challenge of state-law ban against same-sex marriage.
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Honors

Honors & Activities

Professional Honors and Activities

  • Named by Best Lawyers ® as Bet-the-Company Litigation Law “Lawyer of the Year,” Portland, 2023
  • Selected as one of “America’s Leading Lawyers for Business” by Chambers USA (Commercial Litigation), 2012–2023
  • Included in The Best Lawyers in America® (Bet-the-Company Litigation, Commercial Litigation, 2012–2024) (Litigation—Antitrust, 2023–2024)
  • Listed in Benchmark Litigation as a “Local Litigation Star in Commercial Litigation”
  • Included in Portland Business Journal’s “Forty Under 40,” 2007
  • Listed in Oregon Super Lawyers®, 2009–2023
  • Oregon ACLU Foundation “Civil Liberties Award,” 2009
  • Judge Learned Hand Award, American Jewish Committee Oregon Chapter, 2006
  • Member and Past President, Federal Bar Association, Oregon Chapter Board
  • Member and Past Treasurer, Business Litigation Committee, Oregon State Bar Association Executive Committee
  • Past Chair and Member, Antitrust Section, Oregon State Bar Association Executive Committee

Civic Activities

  • Adjunct Professor of civil practice and procedure at Lewis & Clark Law School
  • Past Board Member, Cascade Aids Project
  • Past Board Member, Museum of Contemporary Craft
  • Past Board Member, University of Michigan Club of Portland
  • Past Planning Committee Member, Portland Business Alliance, Leadership Portland
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