Portland 

Represented the underwriter in a Rule 144A Debt financing of Anthony Crane Rental.

Represented Evergreen International Aviation in a Rule 144A debt financing.

Represented the underwriter in a Rule 144A debt financing of G+G Retail.

Represented Longview Fibre in a Rule 144A debt financing.

Represented Merix Corporation in a Rule 144A debt financing.

Represented Teekay Shipping Corporation in a Rule 144A debt financing.

Defense of August 2003 purported nationwide class action.

Represented Amazon.com Inc. in its acquisition of e-Niche Inc.

Represented Arena Capital Partners in its leveraged acquisition of American Consolidated Media, L.P. 

Represented client Columbia Sportswear Company in its acquisition of Montrail Inc.

Represented client Columbia Sportswear Company in its acquisition of Pacific Trail Inc.

Represented Corillian in its acquisition of InteliData Technologies Corporation.

Represented Datalex Limited in its acquisitions of Sight & Sound Software Inc., XMAX Corporation and Yatra Corporation.

Represented Integra Telecom in its leveraged acquisition of Electric Lightwave.

Represented Knowledge Universe in its acquisition of NLKK Inc., Aventa Inc.and Education Station, LLC

Represented Odyssey Investment Partners in its going private leveraged acquisition of Dayton Superior Corporation.

Represented StanCorp Financial Group in its acquisition of Invesmart Inc.

Represented Teekay Corporation in its joint venture $2.2 billion acquisition of public company OMI Corporation.

Represented client Tektronix Inc. in its acquisition of Inet Technologies Inc.

Represented client Tektronix Inc. in its acquisition of TDA Systems Inc.

Representing GCI in connection with the potential acquisition for all of the assets of WCI Cable, Inc. and in connection with its substantial unsecured claim and outstanding executory contracts.

Represented Endeavour Capital in its acquisitions of The Diamond Center, Grand Heritage Hotel Group, Alpha Broadcasting and Nor-Cal Products.

Represent adidas in numerous trademark, trade dress, and unfair competition disputes.

Successful constitutional challenge to disparate treatment of pipe manufacturers, resulting in "rational basis" standard being applied rather than "complete discretion" standard.  166 P.3d 580 (Or. Ct. App. 2007)

Trial of disability and workers’ compensation discrimination action.

Representation of housing developer in breach of contract litigation relating to ownership of large residential development.

Advised large aircraft manufacturer regarding issues related to Enhanced Equipment Trust Certificates in connection with various financings of airline's aircraft purchases.

Defense of wage and hour class action.

Represented national franchisor of dry cleaning pick-up and delivery services against franchisees on Oregon Franchise Act claims and trademark infringement counterclaims.

Obtained district court injunction on behalf of a nationwide class, preventing the government from removing over 3,000 individuals to Somalia. The Ninth Circuit affirmed, rejecting the contrary view of the Eighth Circuit. Filed amicus on behalf of client in the Supreme Court's consideration of the circuit split in Jama v. ICE, 543 U.S. 335 (2005). After the Supreme Court upheld the Eighth Circuit's decision by a 5-4 vote, the Ninth Circuit vacated the injunction in this case. 213 F.R.D. 390 (W.D. Wash.), aff'd, 346 F.3d 873 (9th Cir. 2003), vacated and remanded, 421 F.3d 795 (9th Cir. 2005)

Represented the underwriter in the initial public offering of American Skiing Company.

Severe burns caused by hot water due to problems with water heating system.

Represented commercial insurance broker in suit against competitor and former employees alleging claims of misappropriation of trade secrets and unfair competition.

Represent and advise parties seeking to purchase assets from Chapter 7 and Chapter 11 bankruptcy estates.

Represented private equity fund and its acquisition entity in senior asset-based and mezzanine financings of acquisition of a multi-national business.

Wrote and testified on one of the nation's first statutory processes for prospective purchaser agreements. Also wrote and testified on the creation of Oregon's Sustainability Act which directs Oregon State government to develop sustainability efforts in finding incentives for private sustainability efforts. Wrote and testified on the nation's first legislation including an environmental audit privilege and revised criminal sanctions. Wrote and commented in support of two water quality trading and ecosystems marketing provisions.

Defense of death claim on behalf of employee who allegedly worked with toxic substances. Obtained affirmance that statute of limitations had expired. 166 P.3d 662 (Wash. 2007)

Represented Kentrox in connection with the attempted purchase of substantially all of the assets of Verilink Corporation, an Alabama-based broadband access manufacturing company.

Trial of claim involving employer’s right to drug test.

Refinancings of commercial bank debt.

Pro bono representation of Ihlkham Battayav, a detainee at U.S. Naval Station, Guantanamo Bay, Cuba.

Defense of company in executive change-of-control dispute.

Won jury verdict for Boise Cascade on claims of disability discrimination, violation of the FMLA, and wrongful discharge. Convinced Ninth Circuit to affirm that judgment. 191 F.3d 1010 (9th Cir. 1999) 

Defense of utility truck body manufacturer claimed by final assembly worker of improperly welded parts. Resulting knee injury.

Represented plaintiff in trademark infringement and trademark dilution case.

Defense of technology company against consumers' warranty and consumer protection claims.

Placement agents' U.S. securities law counsel for Rule 144A and Regulation S offerings made concurrently with Hong Kong initial public offering.

Defense of brain damage case to infant allegedly resulting from failure of a child restraint seat to offer proper protection during an auto accident.

Defense of ERISA claims.

Defense of wrongful termination action.

Represented waste company in financial fraud and RICO lawsuit against manager of landfill.

Successfully negotiated state and federal CERCLA consent decrees, obtained substantial contribution from multiple insurance companies and settled liability of a primary defendant in complex federal asbestos litigation.

Obtained temporary injunction for Callaway Golf in "inevitable disclosure" trade secret case.

Represented consortium of electric utilities seeking local, state, and federal permits and approvals for construction of 1,000-mile electric transmission project in Washington, Oregon, and California.

Recovered $1.7 million in insurance coverage for Carlton associated with hazardous waste contamination.

Defense of communications company against former employee's gender discrimination claim.

Represented Cascade Natural Gas in general rate case in Oregon, negotiating favorable multi-party settlement.

Represented Bechtel Enterprises, Inc. in the disposition of an evolving, complex, large-scale development project involving multiple public/private partnerships and regulatory issues.

PIPE, convertible debt and equity line financings and securities law compliance.

Successfully defended Qwest against claim for $20 million in regulatory penalties for unlawful pole attachments. Obtained full summary judgment.

Representation of foreign corporation in arbitration involving performance of foreign call center.

Injury to truck driver at truck driver's plant.

Represented natural gas utility in defending claim by customer alleging discrimination, breach of contract and intentional interference with business.

Obtained injunction for employer on claims of breach of noncompetition agreement and trade secret misappropriation.

Represented plaintiffs in successful redistricting litigation concerning Oregon's congressional district boundaries after the 2000 census. On appeal, persuaded the Oregon Court of Appeals that our clients were entitled to recover attorneys' fees as prevailing parties. 83 P.3d 368 (Or. Ct. App. 2004)

Representation of Chockstone in company formation, initial financing, preferred stock financings, venture leasing and general corporate matters.

Obtained summary judgment for aviation company against former employee's age discrimination claim.

Representation of gravel facility in alleged breach of contract by the city and unconstitutional taking.

Environmental litigation (aerospace industry): Two weeks into trial, obtained settlement of $1.6 million on plaintiff's CERCLA and nuisance claims for $31 million for alleged harm to city water supply.

Successfully obtained change in state law to add methane as "hazardous substance" in order to obtain state oversight of development on historic landfills.

Represented Climax Engineered Materials in its acquisition of Kinetics.

Represented commercial insurance broker in suit alleging claims of professional negligence and breach of contract.

Threemile Canyon Farms LLC, a sustainable, certified, 93,000-acre irrigated farm and 52,000-head dairy farm. Led defense of ESA and CWA litigation; defense of water rights protests; Multi-species Candidate Conservation Agreement with Assurances; USACOE permitting (irrigation and dredging, both with NOAA-Fisheries consultation) and related federal and state ESA, water supply, Concentrated Animal Feeding Operations (CAFO) permits, and dairy farm issues; sustainability program; and public relations and lobbying issues. (Adjacent to naval bombing range.)

Represented Official Committee of Unsecured Creditors in urgent care and real estate development bankruptcy.

Represented Official Committee of Unsecured Creditors in 1031 exchange bankruptcy that proved to be a Ponzi scheme.

Counsel to Unsecured Creditors' Committee in Chapter 11 case of food processing company involving the disposition of all assets of the Debtor.

Represented Concero in preferred stock financing and general corporate matters.

Assisted with defense of federal and state civil penalty actions involving Clean Water Act violations.

Lead internal investigations of potential criminal violations; defend criminal allegations; advise on potential criminal, administrative and civil exposures.

For both railroad derailments and tanker truck accidents involving oil spills:  addressed emergency response, reporting, agency involvement, remediation, Coast Guard and public notice requirements, and defense of federal and state penalty actions.

Assisted with internal investigations of potential criminal and civil violations.

Underground coal gasification (UCG) and carbon capture and sequestration (CCS) permitting and strategic counseling (North America's first such project). Also overseeing environmental investigation, remediation, and cost recovery inquiries and negotiations for contaminated site on Beaufort Sea on North Slope of Alaska.

Underground coal gasification (UCG) and carbon capture and sequestration (CCS) permitting and strategic counseling (North America's first such project).

Represented Corillian in its initial public offering.

Successful defense at jury trial of $2 million accounting malpractice action.

Successfully defended natural gas utility against claim by competitor challenging authority to sell gas to large customers.

Represented underwriters in Costco's registered convertible debenture offering.

Counsel to Boeing, Boeing Capital Corporation, and their affiliates in commercial transactions including those involving the sale and lease of commercial aircraft, aircraft financing matters and maintenance and supplier agreements.

Represented PacifiCorp in a variety of bankruptcies nationwide in connection with adequate protection issues, contract assumption and rejection issues and preference actions.

Represented Qwest and its affiliates in the Touch America bankruptcy case, including the provision of debtor in possession financing, the potential acquisition by Qwest of all of the assets of Touch America and complex settlement negotiations.

The Government of the Czech Republic in the privatization of its two largest refineries and the sale to a consortium of European oil and gas companies of a 49% stake in the privatized company.

Represented D.R. Horton Homes on various subdivisions throughout Portland.

Represented video and music distribution company in "advertising injury" suit to obtain insurance coverage for multi-million-dollar claims under the Lanham Act and Copyright Act.

Represented Ecotrust in a private debt financing.

Represented Bank of Boston in the debt financing of Calder.

Represented Integra Telecom in its syndicated debt financings.

Defense of trade secret misappropriation suit involving seed corn germplasm.

Negotiated settlement agreement with the State of Oregon resolving property owners’ liability for historic contamination at boat repair marina.

Obtained approximately 75% reduction of state civil penalty in alleged diesel release enforcement action.

Pro bono representation, including briefing and oral argument in Ninth Circuit, of Somali national appealing the denial of her request for political asylum. Obtained reversal. 394 F.3d 780 (9th Cir. 2005)

Successful prosecution at trial for Dex of $2 million fraudulent transfer and shareholder liability claims.

Represent publisher of Yellow Pages in action alleging fraud and negligence.

Successful enforcement of contractual arbitration clause. 150 P.3d 1093 (Or. Ct. App. 2007)

Representation of commercial kitchen manufacturer in case involving loss of fingers.

Represented defendant in patent infringement and antitrust case relating to digital watermarking technology.

Defense counsel in breach of contract, wrongful interference and trade secrets case resulting in favorable settlement.

Represented Earth Class Mail in its preferred stock financing.

Counsel for declaratory relief plaintiff in action pertaining to digital jukebox update software.

Summary judgment for employer against EEOC in multi-plaintiff case alleging claims of race discrimination.

Represented companies and investors in connection with various venture and angel capital financings including Urban Airship, Vizify, CPUsage, Max-Viz Inc., Pacific Star Communications Inc., Earth Class Mail Corporation, Chez Marie, Proxense, Luxray Dental, Ensequence Inc., Pet Appeal Inc., Templex Technology Inc., The Palace Inc., and Micro Monitors Inc. Also represented various venture capital investors, including OVP Venture Partners, Foundation Capital LLC and Intel Capital, in portfolio company investments.

Sales of portfolio companies Lone Star Plywood & Door Corporation and The Garden Grow Company.

Defended environmental waste disposal company against claim by sales agent for breach of contract, violation of trade secrets. Negotiated successful settlement including insurance payments.

Represented Envoy i-Con in its sale to PlaceWare.

Negotiated substantial reduction in federal civil penalties and resolved EPA compliance order in stormwater enforcement case concerning large residential development project.

Commercial litigation (aviation services industry): Recovered $16.6 million in jury trial on breach of lease claim. Successfully defended judgment on appeal.

Represented Federal Express in trademark infringement and trademark dilution case.

Represented underwriters in FLIR Systems' initial public offering.

Defense of multi-plaintiff gender discrimination claims.

Settlement recovery of $1.1 million in multi-party environmental cleanup, product liability and contractor negligence case.

Successfully defended challenges to county approval of destination resort development based on exceptions to Goal 11 and Goal 14. 227 P.3d 198 (Or. Ct. App. 2010)

Negotiated settlement prior to trial dismissing all of plaintiffs’ $191 million in lender liability claims and granting Wachovia and other banks $1.2 million in cash plus additional property on their counterclaims.

Represented GAF on a variety of issues relating to the demolition and renovation of a former industrial/manufacturing facility, including site investigation and remediation, product liability and cost recovery litigation, public relations issues and defense of toxic tort claims.

Court trial defense verdict on claims under Oregon Family Leave Act.

Represented publishing and binding company on restructuring efforts and ultimately filed Chapter 7 bankruptcy for the client.

Working with this client group since 1989 on U.S. and Canadian environmental and regulatory compliance; air and water emissions and discharge permitting; GHG matters; site investigations, remediation and cost recovery at numerous food processing facilities in the United States and Canada, water rights; transactional due diligence; corporate transactions; and public relations issues.

Lead counsel for intervenor Washington Demilitarization Corp. (WDC), incinerator operator, 2009 defense against TRO and PI motions and our subsequent successful summary judgment and appeal defense, and in two prior extended bench trials, all relating to incineration of 12% of U.S. chemical weapons stockpile, addressing Resource Conservation & Recovery Act (RCRA) and Clean Air Act (CAA) permit matters. Prevailed against all injunction requests and in all six cases by retaining full permits and continued processing of two kinds of nerve gas and of mustard agent.

Leveraged buyout acquisitions, restructurings and sales of various portfolio companies.

Represented investor in electric utility in Oregon PUC proceeding regarding need for regulatory approval of acquisition.

Represented defendant in securities litigation matter, resulting in early dismissal of the case.

Representation of defendant Intex Recreation Corporation in products liability jury trial, resulting in defense verdict.

Defense and settlement of Oregon state consumer protection class action.

Defense of crush injury to lift truck user allegedly due to lack of proper guarding of the operator compartment.

Representation of Boeing and affiliates in a heavily contested motion for appointment of a Chapter 11 trustee based on mismanagement and malfeasance related to CEO and majority owner's stock repurchase prior to insolvency.  Motion granted following trial.

Defense of helicopter manufacturer in federal antitrust action.

Defense of manufacturer of aerial lifts for upper body burn injuries to tree trimmer due to contact with power line allegedly caused by inadequate controls and warnings.

Honeywell defense of multiple cases in Multnomah County Circuit Court involving injury claims allegedly resulting from exposure to the client's friction products. (Various dates).

Trial counsel for plaintiff in takeover of real estate venture.

Represented helicopter manufacturer in defense of monopolization and concerted refusal to deal litigation over replacement parts.

Defense of multi-plaintiff race discrimination claims.

Representation of airship manufacturer in federal antitrust action.

Represented Idacomm as CLEC in dispute with ILEC under interconnection agreement; negotiated favorable resolution.

Counsel to class, including all Catholic parishes and parishioners in Western Oregon, in first Catholic diocese bankruptcy in United States.

Counsel to post-petition investor.

General bankruptcy counsel to owner of ethanol production facility.

Counsel for respondent Fortinet Inc. in Section 337 proceeding pertaining to a computer system for the detection and removal of viruses and worms.

Counsel to Boeing and Boeing Capital Corporation as creditors and as chair of official committee of unsecured creditors.

Counsel to ad hoc committee of Eclipse Aircraft purchasers and owners.

Counsel to former Enron board vice chairman.

Trial counsel for contestants in will contest.

Represented successor company of automotive brake manufacturer in mass tort litigation.

Counsel to trade creditor.

Counsel to purchaser of assets of Chapter 11 debtor.

Counsel to Boeing, Sea Launch regarding satellite launch services contracts.

Enforce nationwide class action settlement agreement of products liability claims on behalf of forest products company.

Counsel to Boeing in preference action.

Counsel to Bank of Montreal, issuer of $20 million letter of credit.

Represented Boeing as a secured creditor in bankruptcy case involving a sovereign insolvency proceeding in a U.S. Bankruptcy Court ancillary proceeding.

Successful defense of $50 million preference and fraudulent transfer avoidance action brought by liquidating trustee of bankrupt wholesale electrical power trader.

Counsel to defendant Morgan Stanley in $100 million negligence, breach of contract adversary proceeding.

Counsel to Committee of Unsecured Creditors in Chapter 11 reorganization case involving wholesale nursery and landscaping business. 

Bankruptcy counsel to Debtor-in-possession for multi-state forest products company in successful liquidation of lumber mill operations. Obtained affirmance of ruling that lessor's obligations did not arise until lease was rejected in bankruptcy, resulting in unsecured claim.  363 F.3d 994 (9th Cir. 2004)

General bankruptcy counsel to family owned chain of 34 retail stores, resulting in liquidation sales and payout of over 65% to general unsecured creditors.

Represented forest products company in Chapter 11 restructuring, including confirmation of plan of reorganization, use of cash collateral, labor issues, and plan negotiations with creditors' committee, secured lender and US Trustee. 

Counsel to Alcatel Submarine, largest unsecured creditor.

Represented defense contractor in an insurance coverage action related to severe windstorm damage at a Federal Aviation Administration facility.

Reversal of summary judgment in Washington Consumer Protection Act (CPA) class action, establishing rule that causation element of CPA claim requires proof that defendant's acts were proximate cause of plaintiff's injury. 170 P.3d 10 (Wash. 2007)

Obtained ruling compelling arbitration of pulp mill construction dispute.  113 P.3d 961 (Or. Ct. App. 2005), aff'd, 142 P.3d 1044 (Or. 2006)

Represent industrial supply company in suit against former employee alleging claims of misappropriation of trade secrets.

Represented plaintiff in patent infringement suit concerning semiconductor technology for neutralizing pyrophoric gases.

Represent plaintiff in patent infringement suit concerning technology that neutralizes pyrophoric gases.

Analyzed regulatory, franchise and fiber agreement issues for acquisition of telecom provider.

Represented telecom provider in lawsuit to establish insurance coverage for defense and settlement of consumer class action.

Represented Strategic Hotels & Resorts Inc. in the acquisition of a majority interest in this hotel, including negotiation of the hotel management agreement, the joint venture agreements, the financing documents and the refinancing of this hotel.

Represented a public company in the acquisition of a majority interest in this hotel, including negotiation of the hotel management agreement, the joint venture agreements, the financing documents and the refinancing of this hotel.

Won partial summary judgment of noninfringement for Becton Dickinson in patent infringement case involving a genetically-modified reverse transcriptase.

Representation of Isuzu in wrongful death and personal injury cases related to SUV rollovers.

Trial of race discrimination action.

Counsel to lender in judicial and non-judicial foreclosure action.

Defense of power saw manufacturer in loss of hand case to young worker allegedly due to lack of warning and improper guarding.

Defense of alleged intentional injury involving an automobile.

Claim of personal injuries by ship repair worker allegedly exposed to asbestos in products made by client (Avondale). Case dismissed voluntarily after filing a motion for summary judgment.

Represented Datalex PLC in its joint venture with Framework Technology Corp.

Defense of wrongful termination action.

Represented Kentrox, LLC in its management buyout.

Represented Kentrox, LLC in preferred stock financings and general corporate matters.

Defense of trade secret misappropriation claim involving computer software code.

Counsel for defendant in contract, account dispute.

Commercial litigation (equipment manufacturing industry): Obtained permanent injunction for client under Washington State Environmental Policy Act (SEPA).

Commercial litigation (equipment manufacturing industry): Limited judgment after jury trial against Alamo to $1,000 plus attorneys fees in an action brought by retail dealers seeking $5 million in statutory and contract damages; successfully defended appeal.

Plaintiffs' counsel in asbestos contamination of subdivision (former military base) for Racketeer Influenced & Corrupt Organizations Act (RICO), fraud, Comprehensive Environmental Response Compensation and Liability Act (CERCLA) ("Superfund"), punitive damages and emotional distress. Case settled very favorably.

Summary judgment in favor of PacifiCorp against claims that plaintiffs suffered over $1 billion in damages because of harm to salmon fishery caused by dams on the Klamath River. Affirmed on appeal.

Principal and Lead Project Developer of 50 mW gas‑fired cogeneration project in Washington.  Negotiated turbine acquisition and BOD agreements with Pratt & Whitney and Stewart & Stevenson.  1991 - 1994

Contract dispute involving enforcement of settlement terms.

Negotiated renewal of National Pollutant Discharge Elimination System (NPDES) Stormwater Permit with state agency. Assisted client in obtaining alternate discharge permit with City of Portland for facility wastewater.

Successfully defended corporation in case requesting preliminary injunction related to claims of fraud, RICO, and breaches of fiduciary duty.

Defense of wage-and-hour class action.

Represented KSL Capital Partners in $1.8 billion Commercial Mortgage-Backed Securities (CMBS)/mezzanine financings in connection with acquisition of public company.

Handled numerous issues surrounding landfills on the North Slope of Alaska and in Deschutes, Lane, Douglas, Coos and Yamhill Counties in Oregon, including a potentially flammable site, unstable land, and negotiating cost allocation shares among federal, state, and foreign entities.

Prosecuted and defended lease disputes for Langer Farms.

Defense against claims of patent infringement.

Tort litigation (forest products industry): Verdict of no liability for Hanson after two-week jury trial on two claims for wrongful death.

Represented Great Neck Saw in patent infringement and breach of contract suit relating to hand multi-tools.

Defense of employment contract dispute by developer contractor.

Roll-over of utility tractor and death allegedly caused by lack of roll bar.

Representation of a homeowner in a construction defect case involving a large rural home constructed of heavy reclaimed timber.

Alleged improper manufacture of siding causing premature deterioration on several hundred multiple family dwelling units.

Represented Longview Fibre in a Rule 144A debt financing, securities law compliance and corporate governance.

Insurance coverage litigation (forest products industry): Recovered $52.5 million in settlement for Louisiana-Pacific after defeating series of motions for summary judgment and motions in limine.

Represented Lowe's in site development, for stores throughout Oregon.

Represented LP Corporation in site investigations, RCRA permitting, and cost recovery analyses, negotiations, and settlements for wood products facilities. Oversaw transactional due diligence on numerous projects.

Shareholder dispute involving payment of stock options.

Representation of owner of aerial lines in helicopter crash/death case.

Represented forest products consulting firm in suit against liability insurer to obtain coverage for multi-million-dollar claims of professional negligence.

Mediation followed by arbitration between two public entities relating to waste water treatment rates, charges, and project permitting.

Defense of age discrimination action.

Defense of wage payment class action.

Represented MDU Resources Group and Cascade Natural Gas Corporation in state proceedings in Washington and Oregon for regulatory approval of MDU's acquisition of Cascade.

Represented underwriters in MedicaLogic's initial public offering.

Represented WebTrends in its merger with NetIQ Corporation.

Represented Merix in its public offerings and securities law compliance.

Representation of plaintiff Metalmark NW LLC in federal jury trial against former associates for interference with business relations and civil conspiracy, resulting in large jury verdict.

Successfully represented Metalmark Northwest LLC in multiple cases in 9th Circuit after AAA arbitration and jury trial against former partner and co-conspirator, resulting in a recovery of over $2 million.

Represented Micro Power Electronics in its acquisition of SelfCharge.

Represented public-private partnerships in the development, construction, financing, operation and management of certain military facilities in Massachusetts, New York, North Carolina and South Carolina for the U.S. Navy and U.S. Marine Corps.

Represented commercial insurance broker in suit alleging claims of professional negligence and breach of contract.

Representation of Semitool Inc. in large-scale commercial case, resulting in favorable settlement.

Summary judgment for employer and Ninth Circuit affirmance in case alleging employment-related defamation and SOX retaliation.

Affirmance of summary judgment that employer did not defame former employee.  156 Fed. App'x. 949 (9th Cir. 2005)

Obtained summary judgment for PacifiCorp in employment discrimination action.

Represented U.S. borrower and its affiliates in negotiation and documentation of U.S. and Asian credit facilities in connection with its acquisition of manufacturing facilities in Asia.

Successful settlement of 34 state Attorneys General consumer protection investigation.

Helped to devise and obtain .the nation's first watershed-based combined National Pollutant Discharge Elimination System (NPDES) and MS4 permit (covering four municipal wastewater facilities, urban storm water and water quality credit trading); Handled Total Maximum Daily Load (TMDL) and ESA issues, defense of CWA litigation for a variety of public entities. Oversaw contaminated site investigation and due diligence issues for the City of Beaverton. Negotiated wastewater permits for the Cities of Klamath Falls and Cannon Beach. Assisted the City of McMinnville in compliance issues related to industrial pretreatment. Mediation and arbitration on behalf of service district regarding waste water services, from provision through rates through project permitting.

Represented plaintiff in competitor trade secret misappropriation, breach of contract and unfair competition claim involving IP TV technology.

Represent corporate successor of hydraulic machinery manufacturer in negotiations with predecessor's insurers in order to obtain coverage in connection with ongoing asbestos litigation.

Defense of Boeing in claim that the plaintiff-decedent, who had flown a B-29, contracted asbestos-related diseases as a result of asbestos in the aircraft.

Affirmance of trial court's denial of prejudgment interest in breach of contract lawsuit. 219 F. App'x. 658 (9th Cir. 2007)

Successfully demurred on claims of slander of title, cancelation of instrument, civil conspiracy, negligence, abuse of process, and unfair business practices.

Jury trial of family medical leave claims on behalf of communications company.

Defense of asbestos exposure cases arising in state and federal courts in Oregon and Washington in which workers were allegedly exposed to asbestos while repairing ships built by Northrop Grumman, Avondale and Newport News Shipbuilding and Dry Dock Company.

Lead counsel for intervenor Associated Oregon Industries in defense of Clean Water Act (CWA) TMDL litigation. Settled successfully.

Settled Clean Water Act citizen suit and negotiated stormwater management plan with City of Portland which eliminated need for NPDES permit.

Lead counsel for large agribusiness/permit holder in defending CWA lawsuit. Prevailed on summary judgment.

Represented energy company in insurance coverage action to recover property and business interruption losses resulting from breakdown of turbine generator at waste-to-energy generation facility.

Represented non-profit environmental education organization regarding investigation and remediation of historic mining sites within Opal Creek Scenic and Recreation Area. Successfully negotiated Administrative Settlement Agreement with U.S. Forest Service for conducting Engineering Evaluation/Cost Analysis (EE/CA) regarding investigation and development of cleanup options for historic mining sites.

Defended natural gas utility against antitrust claim relating to construction of bypass pipeline. Negotiated successful settlement.

Restructuring of domestic and international operations for technology company.

Led Title V, PSD and NOC air permitting issues for manufacturing operations at several facilities, including greenhouse gas (HCFCs, HFCs, CO2) issues and LEED certification; product life-cycle analyses for a new foam insulation facility; and site investigations and cleanups, including sediments, for other facilities.

Assisted in developing the strategy and permitting regarding a new foam insulation manufacturing facility and all related materials.  Although the facility will emit only limited amounts of regulated pollutants, it also emits hydrofluorocarbons (HFC) which are greenhouse gases (GHG).  This permitting could set the stage for future greenhouse gas and climate change permitting efforts in the Northwest.  Also assisted in a complete Life Cycle Analysis for the product.

Lead counsel in cleanup cost litigation related to site investigation, remediation and sale of wood products manufacturing facility. Settled successfully.

Obtained summary judgment for Cingular in tort action.

General bankruptcy counsel to large developer of residential real estate projects in Oregon and Washington.

Counsel to plaintiff in receivership and judicial foreclosure action.

Represented Pacific Pride Services Inc. and Truax-Harris Energy in buying, leasing and selling numerous potentially or actually contaminated properties, including multiple underground storage tank (UST) cleanups; due diligence; property transactions for eighty sites (including negotiation of Phase II, site investigations and their role in allocating risks); and cost recovery litigation for this client.

PacifiCorp shelf offerings of debt securities.

Defense of Section 1983 action against a public employer.

Representation of state legislative leaders in defense of constitutional claims; obtained clients' dismissal from action.

Represented Pendleton on a zoning entitlement matter.

Assisted PepsiCo in successfully obtaining favorable 401 Certification from Oregon Department of Environmental Quality regarding facility's ability to comply with state water quality standards.

Represent mining company in connection with policy reviews, as well as negotiation and placement of insurance coverage for various worldwide operations.

Represented Phoseon Technology in corporate formation, venture capital financings and general corporate matters.

Represented Playboy in copyright case in which Playboy won motion for summary judgment of infringement and was awarded damages of $111,000 plus costs and attorneys' fees.

First chair trial attorney for Playboy in precedent-setting Internet case which resulted in the very first U.S. court decision holding a World Wide Web site operator liable for copyright infringement and awarding $439,000 in statutory damages plus costs and attorneys’ fees.

Represented Playboy in Internet copyright case in which Playboy won a TRO and a summary judgment of infringement.

Equity public offering.

Advised utility on strategies to complete removal of historic contamination on U.S. Forest Service property, and related negotiation of Settlement Agreement with U.S. Department of Agriculture General Counsel including preparation of Engineering Evaluation/Cost Analysis (EE/CA) for investigation and development of cleanup options.

Represented Broadband Over Power Line provider in negotiating operating, service and purchase agreements with electric utilities.

Representation of Powerhouse Diesel Services Inc. in maritime construction dispute.

Company counsel for angel financings.

Represented Providence Health Systems in the development of various medical office buildings and hospitals. 

Represented Fortifiber in the purchase of one division of Firstline, Inc., a Georgia based manufacturer of commercial paper products.

Represented telecommunications utility and wireless provider in multi-state Attorney General investigations into alleged unlawful trade practices; negotiated favorable settlements.

Represented Qwest in litigation with cities of Portland and Eugene concerning municipal franchise matters.

Successfully appealed PUC order, obtaining reversal of $97 million annual revenue reduction.  Obtained desired rate design.

Represented Qwest in dispute with city as CLEC over self-use of wholesale services purchased under interconnection agreement; achieved successful settlement.

Represented telecommunications company in negotiations with liability insurer in order to obtain coverage for class action filed by the EEOC.

Represented defendant in copyright case involving newsletter publication.

Represented Integra Telecom in connection with its recapitalization and related investment by Warburg Pincus.

Represented Pacific Crest Securities in connection with its recapitalization and preferred stock financing.

Environmental due diligence, land use issues, and permitting in acquisition of multiple compost, recycling and waste operations; also assist in purchase agreement negotiations.  Assist client in expanding operations including permitting and agency negotiations.

Representing plaintiff in patent case involving hot swappable fuel cell technology.

Represented UPS in suit related to scope of confidentiality and nondisclosure agreement.  93 F. App'x. 129 (9th Cir. 2004)

Representation of Boeing and affiliates in airline bankruptcy cases including In re Delta Air Lines Inc. (Bankr. S.D.N.Y. 2005), In re Northwest Airlines Inc. (Bankr. S.D.N.Y. 2005), In re Aloha Airlines Inc. (Bankr. D. Hawaii 2004), In re ATA Airlines Inc. (Bankr. S.D. Ind. 2004 and 2008), In re Hawaiian Airlines Inc. (Bankr. D. Hawaii 2003), In re UAL Corp. (Bankr. N.D. Ill. 2002).

Representation of Boeing and affiliates in airline bankruptcy cases including In re AMR Corporation, et al., (Bankr. S.D.N.Y. 2011), In re Delta Air Lines Inc. (Bankr. S.D.N.Y. 2005), In re Northwest Airlines Inc. (Bankr. S.D.N.Y. 2005), In re U.S. Airways Inc. (Bankr. E.D. Va. 2004), In re Aloha Airlines Inc. (Bankr. D. Haw. 2004), In re ATA Airlines Inc. (Bankr. S.D. Ind. 2004), In re Atlas Air Inc. (S.D. Fla. 2004), In re Hawaiian Airlines Inc. (Bankr. D. Haw. 2003), In re UAL Corporation (Bankr. N.D. Ill. 2002), In re U.S. Airways Group Inc. (Bankr. E.D. Va. 2002), In re TWA Post Confirmation Estate (Bankr. D. Del. 2001), Japan Airlines Corporation (Tokyo 2010)

Ongoing representation of a client on death row in Alabama in post-conviction appeals.

Represented a Haitian refugee in successfully seeking political asylum.

Representation of creditor to two limited liability companies in enforcing its rights, including state court foreclosure receivership proceeding, bankruptcy and Securities Exchange Commission (SEC) injunction proceedings.

Represented investment company in suit against Directors and Officers insurer in order to obtain coverage for liabilities arising out of litigation related to corporate transaction.

Affirmance of dismissal on Rocker-Feldman grounds of a section 1983 claim by a mortgagee against lenders. In an earlier state court proceeding, the mortgagee had sought to overturn his eviction for failure to make payments on his mortgage. 525 F.3d 855 (9th Cir. 2008)

General bankruptcy counsel to liquidating home improvement center debtor.

Initial public offering, NYSE listing, cross-border MJDS follow-on public offerings, securities law compliance, corporate governance, corporate restructuring (U.S. operations).

Represented Ritchie Bros. Auctioneers in its initial public offering.

Represented Strategic Hotels and Resorts Inc. in the acquisition of this resort. The Ritz Carlton Half Moon Bay Resort is located on the Pacific coast south of San Francisco and may be one of the last newly constructed resorts permitted to be built on the California Pacific coast due to coastal protection regulations now in effect.

Represented client on a wide variety of issues, including contaminated sediments and hazardous and solid waste investigations; USACOE and ODSL dredge permitting with NOAA-F consultation; NPDES and stormwater permitting; in‑water reclamation issues; and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation.

Lead counsel seeking injunctive and declaratory relief and damages for contract and CERCLA claims. Successful settlement after cross-motions for summary judgment.

Contract dispute involving proceedings in arbitration and defense of federal court case.

Represented forest products company in antitrust litigation and trial. Legal position upheld by unanimous decision of U.S. Supreme Court.

Represented SagaCity Media in company formation, initial and preferred stock financings and general corporate matters.

Represented Voyager Learning Company in its business combination with Cambium Learning Inc.

Represented Accent Optical Technologies in its sale to Nanometrics Inc.

Represented Acres Gaming in its public company sale to International Gaming Technology.

Represented Card Capture Services in its sale to public company E*TRADE Group Inc.

Represented Corillian in its sale to CheckFree Corporation.

Represented Eschelon Telecom, Inc. in its sale to Integra Telecom, Inc.

Represented Schnitzer Investments in the sale of its Guam gas plant operation.

Represented Innovative Cereal Systems LLC in its sale to Associated British Foods plc.

Represented Longview Fibre in its sale to Brookfield Asset Management.

Represented Preferred Pharmaceutical Services, LLC in its sale to Omnicare Inc.

Represented TFR Technologies Inc. in its sale to public company TriQuint Semiconductor.

Represented Warn Industries in its sale to Dover Resources Inc.

Represented Western States Electric in its sale to public company Hughes Supply Inc.

Represented supermarket chain in arbitration against former Fred Meyer President seeking large severance package.

Representation of Sanofi-Synthelabo in pharmaceutical personal injury case. Obtained dismissal for pharmaceutical company.

Represented client UPS in employment discrimination action.

Represented Scottish Power plc in obtaining regulatory approvals for its acquisition of PacifiCorp in proceedings before regulatory commissions in Washington, Oregon, California, Utah, Wyoming and Idaho.

Securities law compliance.

Securities law compliance.

Represented plaintiff in three-week patent trial. Favorable settlement on eve of closing arguments.

Represented Semitool Inc. in a litigation matter involving methods of metalizing semiconductor wafers.

Won partial summary judgments of invalidity and non-infringement for Semitool against three Novellus patents directed to methods for metallizing semiconductor wafers.

Successful defense of a Land Use Board of Appeals' (LUBA) decision regarding Providence Health Services' mixed use development in Happy Valley, OR. 208 P.3d 1057 (Or. Ct. App. 2009)

General bankruptcy counsel to steel company, including auction sales of all assets and significant intercreditor disputes.

Obtained substantial settlement, compliance agreement, and modified NPDES permit from vegetable processor located on Columbia Slough.

Representation of aircraft engine component manufacturer. Airplane accident resulting in two occupants suffering paraplegia.

Counsel to IPP Developer on various hydro and thermal power purchase agreements.  1987 - 1995

Defense of death case allegedly caused by claimed defects in manufactured laminated scaffold plank.

Represented SmartForest Ventures in venture capital investments in You Software and iMove.

Trial counsel for plaintiff in securities fraud litigation.

Defense of 15 plaintiffs in breach of contract and wrongful termination claims.

Defense of city in landslide case.

Represented catalog company in trademark infringement litigation.

Represented a large hedge fund in the acquisition and sale of various distressed debt and bankruptcy claims.

Represented businesses, including telecommunications utility, wireless carrier, automobile broker, and health care providers, in investigations of alleged unlawful trade practices.

Representation of Washington Mutual Bank in consumer class action. Defense of Bank in class action alleging telemarketing fraud. Obtained summary judgment.

Counsel to Wells Fargo in multi-party injunction litigation related to Sunwest Management healthcare and retirement facilities.

Represented Sunwest Management and affiliates in connection with credit line for acquisition of assisted care facilities.

Corporate governance and securities law compliance under SEC's "smaller reporting company" regime.

Affirmance of summary judgment on product liability claims on basis of government contractor defense.  140 F.3d 654 (6th Cir. 1998)

Initial public offering, NYSE listing, follow-on debt and equity public offerings, Rule 144A and WKSI shelf offerings, securities law compliance, corporate governance, shareholder rights plan.

Represented Teekay in its follow-on debt and equity public offerings, Rule 144A and shelf offerings, securities law compliance and corporate governance.

Master limited partnership initial public offerings and NYSE listings, follow-on equity public offering, securities law compliance, corporate governance.

Represented Teekay Shipping Corporation in its initial public offering.

Initial public offering, NYSE listing, securities law compliance and corporate governance.

Represented Teekay Tankers in its initial public offering.

Represented Templex in its sale to a leading technology company.

Principal and Lead Project Developer of 354 mW gas‑fired generation project in Colombia, South America. 1995 - 2000

Recovered past environmental response costs and future costs in CERCLA contribution action against neighboring landowner. 920 F. Supp. 1121 (D. Or. 1996), aff'd, 207 F.3d 1177 (9th Cir. 2000)

Environmental litigation (aviation industry): Obtained $13.5 million settlement for Boeing in CERCLA action against prior landowner.

Trial and appellate counsel for plaintiff Boeing in landmark trade secret case with antitrust counterclaims involving aircraft spare parts sales. Jury verdict for Boeing on trade secret claim was upheld on appeal. Antitrust verdict against Boeing was reversed on appeal. 108 Wn. 2d 38 (1987)

Represented client The Learning Internet, Inc. in its offering of $2.2 million of Series C preferred stock.

Advised equipment sales and service company on numerous aspects of environmental compliance and due diligence, including purchase and lease of properties with historic environmental concerns, permitting, regulatory compliance and stormwater management.

On behalf of plaintiff, obtained preliminary injunction to prevent illegal sale of shares of Mt. Bachelor ski area.

Represented Thetus Corporation in corporate formation, initial financing and venture capital financings.

General bankruptcy counsel to privately owned nursery company, including auction of substantially all of the assets of the debtor and intercreditor disputes.

General bankruptcy counsel to coal bed methane exploration company.

Abduction and sexual assault on employee.

Representation of furnace manufacturer in product liability investigation.

Company counsel for angel financings.

General bankruptcy counsel to publicly owned forest product services company in its reorganization into a privately held company.

Represented TreeSource Industries in its restructuring.

Negotiated one of Oregon's first prospective purchaser agreements to allow protected acquisition of contaminated industrial property in the Portland Harbor Superfund Area, then assisted with the site investigation, upland remediation, and partial sediment remediation and upland building demolition, led litigation relating to cost-recovery issues. In 2008, negotiated site's successful sale to third party that included land contract, settlement of all litigation, and first settlement by U.S. EPA in Portland Harbor of all federal liability for a selling party.

Affirmance of dismissal for lack of subject matter jurisdiction of declaratory judgment action by municipal transportation district against client real estate developer regarding dispute over condominium construction project. 2009 WL 2132642. (9th Cir. 2009)

Company counsel for venture capital financings.

Represented ATM company in suit against Directors and Officers insurer in order to obtain coverage for liabilities arising out of litigation related to corporate transaction.

Representation of client in defense of alleged criminal violations of the Clean Air Act relating to the asbestos abatement project at Fort Morgan High School, Fort Morgan, Colorado. Negotiated a successful plea with the United States resulting in a complete dismissal of all felony counts. Case No. 04-CR-0152

Lead counsel defending CWA citizen law suit (obtained partial summary judgment then successfully settled) and obtaining WPCF and NPDES permits during owner’s two successful U.S. Senate campaigns.  Related to both stormwater releases and former landfill investigation and remediation.

Obtained favorable verdict of $1.5 million after bench trial in Clean Water Act action in which U.S. sought $30 million penalty related to over 600 alleged permit violations during construction of a 90-mile natural gas pipeline system. United State's appeal of judgment dismissed.

Real estate developer tried and convicted of making false statements to bank in connection with project construction loan. CR 88-0559.

Counsel to Unsecured Creditors' Committee in Chapter 11 liquidation case of a water tower manufacturer.

Represented US Bank as the agent bank in a $145 million syndicated credit facility.

Represented client VeraSun Energy Corporation in its initial public offering of $419.8 million of common stock.

Represented Vigilan in preferred stock financing and debt financings.

Represented individuals and entities in negotiations with Directors and Officers insurer in order to obtain coverage for claims associated with the Rose Garden Arena.

Defense of utility in dispute with industrial customer in relation to western energy crisis of 2000 - 2001.

Represented Warn Industries in its sale to Dover Resources.

Advised operator of Umatilla Chemical Agent Disposal Facility (UMCDF) on numerous aspects of hazardous waste and air quality compliance. Negotiated resolution of governmental enforcement matters.

Represent defense contractor in connection with policy reviews and various other insurance matters.

Represent WGI and WDC in RCRA and CAA permitting, enforcement defense, administrative appeals relating to incineration of 12% of U.S. chemical weapons stockpile, and defense of RCRA and toxic tort litigation relating to mustard and sarin gas. Assist in military base environmental investigation and in incinerator construction and deconstruction.

Represented WebTrends in its sale to NetIQ.

Represented WebTrends in its initial and follow-on public offerings.

Advised bank on environmental investigation and remediation of owned asset (dairy) with historic contamination. Lead counsel for bank in litigation and settlement of suit involving recovery of environmental costs and resolution of fixture dispute. Assisted bank in successful subsequent sale of dairy property.

Represented Wells Fargo Bank as the agent bank in a $160 million syndicated credit facility.

Represented Wells Fargo Bank as the agent bank in a $250 million syndicated credit facility.

Represented asset based lending division of Wells Fargo Bank in numerous lending transactions.

Successfully argued commercial free speech case in Oregon Court of Appeals concerning denial of development permit.

Obtained judicial decision affirming LUBA's approval of client's right to develop travel plaza under Umatilla County Zoning Ordinance. 214 P.3d 68 (Or. Ct. App. 2009)

Environmental litigation (forest products industry): Obtained summary judgment on NEPA and Federal Land Policy and Management Act (FLPMA) claims which allowed Crown Pacific to proceed with 70,000-acre land exchange with United States.

Represented Weyerhaeuser Company in a variety of matters for both operating and closing facilities, including NPDES and Special Use permits; regulatory compliance issues; stormwater, NEPA and ESA issues; defense of CWA litigation; legislative drafting; Title V CAA permitting; PSD/NSR enforcement defense; water supply; and real estate due diligence.  This included assisting in the demolition of a major pulp and paper facility and a very large wood products facility, and the following sale of both industrial sites.

Prosecuted trade secret misappropriation case against former employees.

Negotiated site lease, development rights, and power purchase contracts for 70 mW wind energy project in Columbia Gorge. 2006 - 2008

Advised paper company on environmental due diligence during acquisition of Oregon recycled newsprint mill.

Quadriplegia caused by roll-over of utility vehicle allegedly unsafe due to instability and lack of a roll bar.

Defense of casino software company in Nevada contract and fraud action alleging Acres Gaming installed defective casino management software.

Represented GATX (railcar manufacturer) in personal injury action, resulting in dismissal of all claims.

Represented a private equity group and its acquisition entity in the senior asset-based and mezzanine credit facilities in connection with the acquisition of a multi-national business.

Assist barge building and ship repair/dismantling clients in investigation and successful remediation of Portland South Waterfront industrial site uplands and sediments (including excavation and capping) as area converts to commercial and residential uses.  This involved every aspect of RI/FS, RD/RA, consent judgment and all related permitting, including stormwater and ACOE permits. (Site was former shipbuilding and ship deconstruction facility.)