Client Collaborations

Represented 70 investors who collectively lost nearly $100 million in the Aequitas Ponzi scheme. Obtained favorable settlements with third-party professionals in state court litigation and private arbitration, resulting in a gross recovery exceeding our clients’ investment losses.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Successfully challenged the National Women’s Soccer League’s minimum age rule in U.S. District Court as an illegal boycott in violation of federal antitrust law on behalf of 15-year-old professional soccer player Olivia Moultrie. Trial team obtained a temporary restraining order and a preliminary injunction in this landmark case, prohibiting the NWSL and its teams from boycotting Moultrie due to her age. Achievements also included securing favorable rulings on significant questions arising out of federal antitrust and labor law, including that the NWSL and its teams did not constitute a “single entity” for antitrust purposes and that Moultrie’s claim was not precluded by federal labor statutes and did not interfere with ongoing collective bargaining between the NWSL and the NWSL Players Association. Case culminated in the negotiation of a settlement ensuring Moultrie’s right to continue playing in the NWSL, subject to the provisions of any final collective bargaining agreement.

Represented electric utility in declaratory judgment action seeking to terminate power purchase agreement. District court granted summary judgment for client, ruling that it was entitled to terminate agreement on reasonable notice. PacifiCorp v. Public Utility Dist. No. 2 of Grant County, CV. No. 09-1012-KI (D Or 2011)

Obtained $1.4 million arbitration award and permanent injunction based on claims for corporate raiding, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and breach of contract. Strand Atkinson v. Wear (2009)

Obtained dismissal of complaint alleging $80 million in damages due to increase in electric rates. KOPWU v. PacifiCorp, Klamath County (Oregon) Circuit Court (2008)

Represented Portland School District discrimination claim before Oregon Supreme Court in which the Court upheld school district’s practice. Powell v. Bunn, 341 Or 306 (2006)

Represented broker-dealer against claims for violation of federal and state securities laws arising from respondent’s securities lending business. Claimant sought damages of over $50 million plus attorney fees. After five days of hearings, panel granted summary award for respondent and awarded it $287,000 in attorney fees and costs. Barinaga v. UBS (2005)

Represented broker-dealer in lawsuit alleging that broker-dealer and its registered representative failed to follow instructions and recommended inappropriate investments. District court granted client’s motion for partial summary judgment and dismissed claims for negligence, breach of fiduciary duty, and violation of Oregon Unfair Trade Practices Act. Thompson v. Smith Barney, 324 F Supp 2d 1152 (D Or 2004)