Client Collaborations

Represented electric utility in defense of $80 million claim challenging increase to industrial users electric rates. Court of Appeals affirmed trial court’s dismissal of all claims. Klamath Off-Project Water Users v. PacifiCorp, 237 Or App 434 (2010)

Successfully tried one of the first social-distanced pandemic jury trials in Washington over the condemnation of several permanent and temporary rights abutting the building frontage of one of the region’s largest airlines to allow the local transit authority to construct and operate its light rail project. The parties’ valuations were hundreds of thousands of dollars apart and the jury returned a verdict in our client’s favor. (12-Person Jury Trial)

Represented private employer in multi-week trial in federal court regarding enforceability of restrictive covenants in employment agreement, and former employee’s breach of that employment agreement.

Defended manufacturer of building products in Oregon state-court strict product liability action involving roof shingles. Case was resolved on the first day of trial.

Represented ad hoc committee of senior secured lenders holding more than $100 million in secured debt in out-of-court and in-court restructuring of Penson Worldwide, Inc. (Bankr. D. Del., Case No. 13-10061).

Successfully defended aircraft manufacturer against $100 million claim for breach of design and development agreement in four-week arbitration.

Coauthored amicus brief in Doe v. Medford School District, addressing public-entity rights as property owner and employer and state statutes concerning concealed weapons. Doe v. Medford School District, Or App 38 (2009)

Represented regional transit agency in a multi-day condemnation trial to acquire property rights needed to construct its light rail construction project. The trial involved a dispute over the highest and best use of the property and the court awarded just compensation matching the transit agency’s valuation evidence of more than $1 million less than owner’s just compensation. No fees or costs awarded to property owner. (Bench Trial)

Resolved intergovernmental conflict between Oregon Employment Department (OED) and Public Employees Retirement System (PERS) by devising the foundational legal theory to allow Oregon public employers to participate in novel federal Work Share program to preserve public employee jobs during the COVID-19 pandemic.