Client Collaborations

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.

Defend higher education institutions in tort actions alleging negligence on behalf of coaching staff.

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.

Defend public school districts in tort actions alleging negligence on behalf of the district and school personnel.

Strategic consultation, analysis, and editorial review of key briefs and motions in real property quiet title action.

Advised global internet company with developing and implementing responses to the Edward Snowden revelations regarding monitoring of internet traffic.

Delay and defective construction litigation for new mid-rise residential building in Portland. Successfully litigated with lead counsel complex, multiparty delay, payment, contract value, and defective construction claims for developer of a new, mid-rise luxury residential building in downtown Portland. Four years of litigation involved five separate actions; multiple liens and foreclosures by subcontractors; significant delay, cost, and GMP claims between the developer and general contractor; and several separate defect claims involving insurance coverage. Different claims and actions were mediated, arbitrated, negotiated, and litigated with uniformly successful results.