Litigation
Our litigation attorneys practice in the state and federal courts of Oregon and Washington, as well as before administrative law panels, in private mediation, and arbitration. While we endeavor to resolve cases as efficiently as we can, we regularly try cases before juries, judges, administrative law judges and arbitrators, as the procedural requirements in each circumstance may dictate. Our litigators particularly focus on the following areas of law:
Securities and Class Action
Oregon securities law violations, securities fraud, class action claims, fraudulent transfer – Ponzi scheme
Representative Clients and Work
- Lead trial counsel representing financial services company in claims by Receiver seeking in excess of $50 million dollars alleging breach of fiduciary duty, negligence, aiding and abetting breach of fiduciary duty and fraudulent transfer arising from alleged Ponzi scheme in Washington state court.
- Lead trial counsel representing financial services company in securities fraud class action brought by investors seeking in excess of $40 million dollars alleging violations of Oregon Securities Law in U.S. District Court for the District of Oregon, arising from alleged Ponzi scheme.
- Lead counsel defending class action claims brought against Northwest delivery services company alleging in excess of $9 million dollars for breach of contract and violations of wage and hour laws.
- Representation of investment advisory firm and individual investment advisors in successful defense of claims brought under Oregon Securities Law and for breach of fiduciary duty. The Court dismissed the plaintiffs’ fiduciary duty claim at summary judgment, then, granted a directed verdict in clients’ favor at trial on all remaining claims following the close of the plaintiff’s case.
Breach of Fiduciary Duty and Breach of Contract
Breach of fiduciary duty and trade secrets, breach of contract, breach of duty of care, shareholder derivative actions
Representative Clients and Work
- Representation of former corporate officer in defense of claims alleging breach of fiduciary duty and trade secrets seeking damages in the amount of $75 million dollars. Case dismissed with prejudice against client prior to trial. On counterclaims, $10 million dollar jury verdict in shareholder derivative case on claims of breach of fiduciary duty and breach of duty of care. Case upheld on appeal to Oregon Supreme Court establishing for the first time in Oregon history the right to a jury trial under the Oregon Constitution in shareholder derivative actions.
- Representation of individual against former business partners on claims arising from failed business investment in environmental contamination clean-up business. After a week-long jury trial, Chip obtained a multi-million-dollar verdict in Multnomah County and judgment on claims of breach of contract and fraud.
- Representation of Oregon municipality in successful defense of breach of contract and quantum meruit claims brought by general contractor arising from contractual dispute with respect to City public works project.
Government Inquiries, Investigations, Elections cases
Financial mismanagement, Fair Labor Standards Act, campaign finance violations
Representative Work
- Lead counsel in defense of claims against African American Chamber of Commerce alleging financial mismanagement and violations of Oregon law brought by State of Oregon Charitable Activities Division.
- Lead counsel in defense of claims brought by United States Attorneys against transportation company alleging violations of Fair Labor Standards Act in Oregon District Court seeking damages in excess of $10 million dollars.
- Representation of Multnomah County Commissioner in defense of Writ of Mandamus seeking resignation of elected official for violations of Multnomah County Charter. Claims dismissed as a matter of law.
- Representation of Oregon Elected Official in defense of claims alleging campaign finance violations.
Trade Secrets and Restrictive Covenants
Drug testing laboratory litigation – competitor and departing employees, breach of noncompetition and nonsolicitation agreements
Representative Work
- Co-counsel on behalf of drug testing laboratory in litigation against a competitor and departing sales employees in the US District Court for the District of Oregon. Obtained preliminary injunction on behalf of client, affirmed on appeal by the Ninth Circuit.
- Representation of departing employees against claims by former employer alleging breach of noncompetition and nonsolicitation agreements in Oregon state court.
