Client Collaborations

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.

All Phase Utility Corp. v. Williams Communications, Inc. We represented defendant and prevailed on a motion for summary judgment after plaintiffs sought to recover nearly $500 million, alleging that defendant had absconded with route and stationing information and then built a fiber-optic route in violation of the Oregon Trade Secrets Act and a nondisclosure agreement.

Grifphon Asset Management Litigation. Tom represented a group of investors in recovering funds lost due to a Ponzi scheme.

Regularly represents investor-owned utility in a variety of litigation-related matters, including multiple lawsuits and demands arising out of the failure of a dike that flooded approximately 2,300 acres of farmland, a golf course, and a state highway, contract-based claims by customers over rate increases, disputes with public utility districts over terms of power purchase agreements, claims against a contractor for an explosion at a power plant, litigation relating to the contamination of a power plant's natural gas fuel supply, and challenges relating to the constitutionality and legality of certain taxes.

Defended publicly traded manufacturer against breach-of-contract claim by foreign distributor, seeking approximately $100 million in damages. Court granted summary judgment in favor of client.

Successfully recovered more than $100 million in minority oppression dispute between two shareholders of closely held company. Also obtained changes to board of directors and corporate governance in favor of client.