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Experience
Litigation
Synectic Ventures I, LLC, et al. v. Craig L. Berkman and Arthur Andersen, LLP, et al.*
State Court of Oregon
Jury trial representation of individual investors including public employee pension funds against venture capitalist and national accounting firm. Claims were theft, conversion, fraud and aiding and abetting by a professional services corporation. The four-week jury trial resulted in verdicts in excess of $60 million.
Adams, et al. v. Jawed, et al.
U.S. District Court for the District of Oregon
Defense of accounting firm in a class action involving securities fraud claims related to Ponzi scheme.
Defense of Professional Misconduct
Supreme Court of Oregon
Complete dismissal of all charges of professional misconduct against prominent clients brought before a professional administrative panel of judges after a contentious three week hearing and appeal.
Patent Infringement and Trade Secrets Claim on Behalf of a Portland-based Company*
U.S. District Court for the District of Oregon
Represented a small, local biotech company against one of the largest biotech corporations in the world in a case alleging misappropriation of trade secrets and patent infringement. Settled the day before trial was to start for a cash settlement, well into eight figures, and other favorable remedies for the client.
Defense of a Trade Secret Misappropriation*
State Court of Oregon
Successfully defended an investor in state court who was accused of wrongfully assisting a software company’s misappropriation of trade secrets developed by a predecessor company. Prior to trial, court rulings fixed the compensatory damages at over $24 million. After a three-week trial, the jury returned a complete defense verdict in favor of the client investor.
Largest Taft-Hartley Investment Manager Fraud Case in U.S. History - ERISA*
Served as the lead counsel in representing numerous pension and benefit plans seeking recovery for losses in what the SEC called the largest Taft-Hartley investment manager fraud case in U.S. history. The resolution of these lawsuits resulted in the largest recovery in U.S. history for Taft-Hartley pension funds both in gross dollars and in percentage of recovery for the pensioners. The recovery and the speed of settlement resulted in Mr. English being invited to testify before the United States Senate Committee on Health Educations, Labor and Pensions and a letter written by the committee chair, to the Governors of all 50 states inviting them to use Capitol Consultants resolution as a national model.
Business Fraud and Breach of Fiduciary Duty Claim for Japanese Investors*
State Court of Oregon
Successful state court jury verdict of over $1 million for a group of Japanese investors in a business fraud and breach of fiduciary duty claim brought against realtors and business advisors, in addition to recovering punitive damages against individual and corporate defendants.
Tonya Harding v. U.S. Figure Skating Association and Oregonian Publishing Company*
U.S. District Court for the District of Oregon
Represented the U.S. Figure Skating Association in Injunction Evidentiary Hearing against Tonya Harding to determine whether Harding could represent the United States in the World Championship.
Pro Basketball Coach v. Professional Basketball Team*
Preliminary Injunction Evidentiary Hearing representing an assistant coach for an NBA team to allow him to accept a job with another NBA team.
Defense of ”Poison Pill” Claim*
Fortune 100 company defeated a class action lawsuit filed against our client, a Fortune 100 company, on claims arising from a hostile takeover bid. The suit alleged that the acquisition triggered a "poison pill" in the target's pension plan. Legal issues included complex corporate law, fiduciary law, and ERISA pension law. Assets at stake were in the range of $20 million.
Securities litigation*
Successfully represented a plaintiff investor who brought securities claims and related claims against law firms which participated in the preparation of Private Placement Memorandums and provided other advice. On the eve of trial, the case settled for an amount roughly equivalent to 100 percent of the original investment and the attorney fees incurred in bringing the action.
Employment Litigation*
Represented a major corporation in the defense of the company's "top hat" compensation plan for executives. Jury trial defense verdict, federal court.
Mentor Graphics Corp. v. Synopsys, Inc.
Oregon Trial Counsel. Part of a team representing Synopsys, Inc., EVE-USA, Inc., and Synopsys Emulation and Verification S.A. in a patent dispute through jury trial in the hardware emulation segment of the Electronic Design Automation industry.
Environmental Litigation
Environmental and Pollution-Based Claim Against One of The Nation’s Largest Railroads*
U.S. District Court for the District of Oregon
Lead trial counsel in jury trial defending one of the nation's largest railroads in a $90 million breach of lease claim and environmental contamination claim (CERCLA, oil pollution). After a four-week trial, the jury rejected all but one of plaintiff’s last demands, and awarded less than 2% of claimed damages.
Southern Oregon Area Farm Fertilizer Supplier*
Lead trial attorney on behalf of a supplier of allegedly contaminated liquid fertilizer in claims of complete loss of multi-million-dollar potato crop. Obtained complete jury defense verdict on behalf of supplier.
* Prior Experience
