Client Collaborations

Defective construction of new, large in-patient behavioral health hospital. Guided healthcare system through forensic research, repair contracting, preservation of evidence, forensic expert reports, negotiations, and arbitration proceedings for damage claims against the general contractor and subcontractors that improperly performed exterior envelope, plumbing, electrical, and roof work to construct a new hospital for behavioral health patients and required specialty facilities. The entire exterior envelope had to be removed and replaced, together with removal and re-installation of all windows, while the hospital was occupied. After repairs were complete, we prepared, documented, and asserted claims to recover the owner’s damages. Following extensive discovery, depositions, arbitration proceedings, and mediation, we achieved a successful, multimillion dollar recovery of a substantial majority of the owner’s losses.

Represented a publicly traded business services company in a putative derivative lawsuit and in disputes with a terminated former officer.

Fulkerson, et al. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. Claimants sought damages for allegedly unsuitable investment recommendations, violations of the securities laws, fraud, and negligence, including claims for punitive damages. All claims were unanimously rejected by the arbitration panel. A small award was entered in claimants’ favor for a clerical error that we conceded.

Represented school district in acquisition of 60 acres for new school site in connection with tsunami-zone relocation.

Counseled manufacturer in structuring and negotiating a complex construction loan facility to mitigate potential damages arising from use of the manufacturer’s product.

Regularly provide guidance to clients relating to issues surrounding shipping, import, and export of hemp and hemp-derived CBD, including communications with the United States Postal Service.

Successfully negotiated and contested the U.S. Customs and Border Patrol's seizure of product imported by clients in the cannabis industry.

Represented real estate brokerage in defending a False Claims Act suit brought by an purported whistleblower. Obtained dismissal of the claim on the basis that the court lacked subject matter jurisdiction because plaintiffs were not the original source of the information on which the claim was based.

Delay and defective construction litigation for new mid-rise residential building in Portland. Successfully litigated with lead counsel complex, multiparty delay, payment, contract value, and defective construction claims for developer of a new, mid-rise luxury residential building in downtown Portland. Four years of litigation involved five separate actions; multiple liens and foreclosures by subcontractors; significant delay, cost, and GMP claims between the developer and general contractor; and several separate defect claims involving insurance coverage. Different claims and actions were mediated, arbitrated, negotiated, and litigated with uniformly successful results.