Client Collaborations

As member of litigation team that successfully represented key employee in multimillion-dollar trade secrets litigation: assigned and supervised research projects; prepared and edited motions, briefs, and affidavits for dispositive hearings, injunction hearings, procedural and discovery hearings, special master hearings, trial proceedings, and appeals; coordinated motions practice and other projects among internal team members and counsel for multiple co-defendants; and reviewed all submissions by all parties to ensure quality, consistency, and clarity of message.

Assisted fast-food franchise managing a data breach caused by an IT software vendor. In conducting maintenance on their system, the vendor inadvertently took down the system's security.

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.

Represented corporations and investment banks in shareholder derivative actions challenging major strategic transactions and corporate governance under the corporate laws of Delaware and other states.

In re Capital Consultants Litigation. We represented several trust funds in claims against an investment adviser and numerous others arising out of mismanaged investments causing losses of hundreds of millions of dollars. After prevailing in significant motions and more than a year of mediation, all claimants recovered approximately $200 million.

Represent higher education institutions in tort actions alleging negligence on behalf of coaching staff (ongoing).

Advised clinic in responding to a breach of patient health information. We also advised on issues regulated under the Health Insurance Portability and Accountability Act (HIPAA).

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.

In re Southern Pacific Funding Corporation. On the first day of trial, we settled an action involving a lender whose stock had been traded on a national exchange and that was forced to seek bankruptcy reorganization following a dramatic decline in its stock price. It was, at the time, the largest bankruptcy in state history.