Areas of Practice
Litigation, appeals, education, employment, telecommunications

Representative Experience
Extensive litigation experience in state and federal courts, and administrative agencies, including complex commercial, telecommunications, education, employment, municipal, administrative law and tort matters.

Represented clients in more than 100 appellate matters, including cases in the United States Supreme Court, the U.S. Circuit Court of Appeals for the Ninth Circuit, the U.S. Circuit Court of Appeals for the Federal Circuit, the Oregon Supreme Court, the Oregon Court of Appeals and various administrative agencies.

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995). Successfully represented the Vernonia (Oregon) School District, arguing before the United States Supreme Court, and achieving reversal of the Ninth Circuit’s decision that the school district’s policy of random drug testing of student athletes violated the Fourth Amendment. This case stands as a landmark decision establishing the constitutionality of random drug testing of student athletes under the United States Constitution.

Gieg v. DDR, Inc. / Chaloupka, et al v. SLT/TAG, Inc., fka Thomason Auto Group, Inc. and Asbury Automotive Oregon, LLC, 407 F.3d 1038 (9th Cir. 2005). In a matter of first impression in the Ninth Circuit, successfully represented several automobile dealerships in establishing that their finance and insurance managers are exempt from overtime pursuant to § 207(i) of the Fair Labor Standards Act.

Schnitzer Investment Corp. v. Certain Underwriters at Lloyd’s of London, 197 Or. App. 147, 104 P.3d 1162 (2005). Upheld summary judgment in intermediate appellate court regarding insurance coverage for environmental clean-up costs. Case pending before Oregon Supreme Court.

Scheinberg v. adidas America, Inc., 120 Fed. Appx. 684 (9th Cir. 2005). Upheld summary judgment for employer on claims alleging defamation and employment discrimination.

Huff v. adidas America, Inc., 131 Fed. Appx. 104 (9th Cir. 2005). Upheld summary judgment for employer on Title VII claims alleging racial discrimination, hostile work environment, retaliation, defamation, wrongful termination and breach of employment contract.

Kramer v. Tosco Corporation, No. 05-35351 (9th Circuit). Pending appeal from jury verdict in favor of client on ADA claim.

In Re: Computerized Thermal Imaging, Inc., 104 Fed. Appx. 655 (9th Cir. 2004). Upheld dismissal of securities fraud claims based on failure to meet pleading requirements of the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-4(b)(2).

Verizon Northwest Inc. v. Electric Lightwave, Inc., 63 Fed. Appx. 293 (9th Cir. 2003). Successfully represented competitive local exchange carrier (at both trial and appellate levels) in establishing that arbitrated interconnection agreement and the Telecommunications Act of 1996 allowed inclusion of internet service provider (ISP) bound traffic in reciprocal compensation.

Weber v. Oakridge School District 76, 184 Or. App. 415, 56 P.3d 504 (2002). Successfully represented the Oakridge (Oregon) School District (both trial and appellate courts) in a state court challenge alleging that the district’s policy of random drug testing of student athletes violates the Oregon Constitution.

2606 Building v. MICA OR I Inc., 334 Or. 175, 47 P.3d 12 (2002). Successfully represented the petitioner, a commercial tenant, before the Oregon Supreme Court. The decision of the Supreme Court establishes the right of commercial tenants to raise equitable defenses to avoid forfeiture for nonpayment of rent.

Volt Services Group v. Adecco Employment Services, Inc., 178 Or. App. 121, 35 P.3d 329 (2002). In a case of first impression in Oregon, successfully represented a temporary staffing firm in both the trial and appellate courts. The decision of the Oregon Court of Appeals establishes that temporary staffing firms may have protectible interests in the temporary employees they place and that encouraging the temporary employees of such a firm to breach noncompetition agreements, in violation of industry standards, can give rise to claims for intentional interference with contractual and business relations and unjust enrichment. The case has drawn national attention in the temporary staffing industry.

City of Tacoma v. Richardson, 163 F.3d 1337 (Fed. Cir. 1998). In a case of national first impression, successfully represented the City of Tacoma, Washington before the U.S. Court of Appeals for the Federal Circuit with regard to a contract to provide electric energy to the Western Area Power Administration. Argued successfully that the waiver of sovereign immunity under the Reclamation Reform Act of 1982, 43 U.S.C. § 390uu (1994), is not limited to agreements implicating repayment for water services contracts, but applies broadly to all contracts executed pursuant to federal reclamation law.

Sleigh v. Jenny Craig, 161 Or. App. 262, 984 P.2d 891 (1999). In a case of first impression in Oregon, represented Jenny Craig Weight Loss Centres, Inc. before the Oregon Court of Appeals seeking reversal of a jury verdict against Jenny Craig in an employment discrimination case; argued successfully to the appellate court that it was reversible error for the trial court to admit a “Notice of Administrative Determination” made by Oregon’s Bureau of Labor & Industries into evidence, because it is inadmissible hearsay.

Rio Communications, Inc. v. U S WEST Communications, Inc., PUC No. IC 2 (2000). Successfully represented a Competitive Local Exchange Carrier (“CLEC”) against Qwest, in one of the first cases brought under Oregon’s Senate Bill 622. The case resulted in a settlement in which Qwest entered into a Stipulation and Remedial Plan providing the CLEC with substantially all relief sought in the complaint.

Premier Technology v. State of Oregon, 136 Or. App. 124, 901 P.2d 883 (1995). Successfully represented the plaintiff/appellant before the Oregon Court of Appeals in obtaining reversal of a summary judgment in an $18,000,000 breach of contract and administrative action brought against the State of Oregon. The case resolved an issue of first impression in Oregon: whether Oregon’s Administrative Procedures Act provides the sole remedy for claims of breach of an existing contract with the State.

Riddle v. Roadway Express, D. Or., No. 91-730-JO (1993). In a case of first impression in the Ninth Circuit, successfully defended Roadway Express in a federal court action brought by several Roadway long haul truck drivers under federal and state wage and hour laws, seeking wages for all time during which the plaintiff drivers were required to be “on call” for being called into work. Successfully obtained summary judgment for Roadway Express in the federal district court and subsequent dismissal of an appeal to the United States Court of Appeals for the Ninth Circuit. Roadway v. Riddle was a case of national significance to Roadway Express and other similarly situated companies.

Prior Experience
Law Clerk for the Honorable W. Michael Gillette, Oregon Court of Appeals, 1981-82

Associate attorney, Cosgrave, Kester, Crowe, Gidley and Lageson, 1982-83

Law Clerk, Sidney I. Lezak, United States Attorney for Oregon, 1980-81

Publications and Presentations
“Mandatory Drug Testing for Adolescent Athletes: An Effective Method to Reduce Substance Abuse or an Encroachment on Personal Freedoms?,” XXIXth International Congress on Law and Mental Health, Paris, France, July, 2005

“Reducing the Risk of Drugs in Schools: Medical Management and Illegal Use,” The Public’s Health and the Law in the 21st Century, sponsored by the Center for Disease Control and Prevention and the American Society of Law, Medicine and Ethics, June, 2005

“Drug Testing of Interscholastic Athletes in Public Schools,” Legal Handbook on School Athletics, National School Boards Association, 1997

“When Can Public School Students Be Searched?,” Oregon Civil Rights Newsletter, Oregon State Bar Civil Rights Section, June 1999

“The Legal Aspects of Drug Testing,” U.S. Department of Education, Washington, D.C., February 2003

“The Legality of Drug Testing Public school Athletes,” White House Symposium, Washington, D.C., October 2003

“Coping with the Aftermath of the Latest Court Decisions on Drug Testing,” National School Boards Association, April 14, 1996 Orlando, Florida

“Drug Testing of Interscholastic Athletes in Public Schools: Vernonia and its Aftermath,” University of Oregon 17th Annual Oregon School Law Conference, December 1999

“Vernonia and Drug Testing Student Athletes,” Arizona School Administrator’s Assn., Tempe, Arizona, 1995

Guest, ABC’s “Nightline” and NPR’s “Morning Edition,” 1995

Awards
Selected to "Oregon Super Lawyers," Law & Politics, 2006, 2007

Oregon State Bar President’s Public Service Award, 2004

Senior Law Project, Award for Outstanding Service, 1985

Professional Activities
Oregon Rules of Appellate Procedure Committee, Supreme Court of Oregon, 1999-present

Guest lecturer, classes in United States Supreme Court practice, sports law and legal research and writing, Northwestern School of Law, Portland, Oregon, 2000-present

Guest lecturer, Legal Professionalism, Willamette University College of Law, Salem, Oregon, 2003-present

Executive Committee, Appellate Section, Oregon State Bar, 1999-2001

Member, Law Related Education Committee, Oregon State Bar, 1996-1998

U.S. District Court of Oregon Historical Society

ABA Section on Rights and Responsibilities

Community Activities
“We the People: The Citizen and the Constitution” Program, Center for Civic Education

• Teacher and Coach, Grant High School, Portland, Oregon, 2000-2006 school years. Coached national third-place team in 2004, national second-place team in 2005 and national top 10 team in 2006.
  
• National Competition Judge, 1998
  
• State Competition Judge, 1996-1998

• Board of Directors, 1994-present
  
• Board Chair, 1996-1999
  
• Executive Committee, 1996-present
  
• Program Chair, Legal Citizen of the Year Dinner honoring Justice Edwin Petersen, 2000

Education
J.D., Willamette University School of Law

B.A., Earlham College