Client Collaborations

Gary M. Klein, et al. v. West Coast Bancorp, et al. Tom represented an acquired bank in a shareholder class action alleging breach of fiduciary duty in approving a merger. The case settled while our motion to dismiss was pending.

IBEW Local 98 Pension Fund, et al. v. Cascade Corporation. Tom represented a manufacturing company in a shareholder action alleging breach of fiduciary duties by company directors in connection with a merger. The case was settled while our motion to dismiss was pending.

Hemstreet, et al. v. Merrill Lynch Mortgage Capital Inc. The district court issued an opinion and order granting our motion for summary judgment on plaintiff’s claims for fraud, breach of contract, negligence, and intentional interference with contract.

Sulzer Pumps v. Pacific Indemnity, et al. We successfully resolved long-tail insurance coverage for superfund environmental claims after 18 months of litigation in two states that included winning Oregon’s first recorded antisuit injunction prohibiting insurers from continuing with a duplicative action brought by them in another state seeking a declaratory judgment of no coverage.

$75 Million Recovery―Bodily Injury/Religious Institutions. Acting as lead counsel for the Archdiocese of Portland in Oregon’s insurance coverage team, we recovered more than $75 million from their insurers after years of litigation and mediation.

Van De Hey v. U.S. National Bank of Oregon. We prevailed in each of two separate state court proceedings, including two rounds in the Oregon Court of Appeals and in the Oregon Supreme Court, as well as in a separate action filed by plaintiffs in federal court. This series of cases was brought by trustees of various employee benefit trusts and alleged violations of the Employee Retirement Income Security Act of 1974.

ITEX Corporation and SLI, Inc. v. Saul Yarmark; Stephen Friedland; Business Exchange International Corp., and BX International. We represented plaintiff, a public company, in litigation arising from the disputed acquisition of a 50 percent stake in a privately held competitor. We recovered judgment along with an award of damages to compensate our client for attorney fees and court costs. The case was then settled on appeal.

Clopper v. Merrill Lynch Relocation Management, Inc. We prevailed on behalf of defendant in a jury trial, on appeal to the Ninth Circuit Court of Appeals in the primary action, as well as in ancillary proceedings against opposing counsel, also appealed to the Ninth Circuit. This case began as a real estate dispute over competing property appraisals.

Epiq Systems v. Prutsman. This case involved competing litigation in two different state courts and a federal court. After a two-day trial, we obtained a preliminary injunction enforcing a covenant not to compete and protecting trade secrets.