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Admitted to Practice

  • Oregon, 2004
  • U.S. Court of Appeals 9th Circuit, 2004
  • U.S. District Court District of Oregon, 2005
  • U.S. Supreme Court, 2010

Derek D. Green

GreenDerek
Counsel
T503.778.5264
F503.778.5299

Derek Green is an energy and litigation attorney who represents and counsels clients on a variety of commercial matters. Derek routinely works with clients in the renewable energy, manufacturing and financial sectors, and has represented both private and public clients. He has litigated more than a dozen cases to verdict, judgment, or award and frequently handles appeals in both the Oregon and federal appellate courts.

Derek also has broad experience in media litigation, and has represented media interests from the trial courts to the U.S. Supreme Court. A former fellow with the Reporters Committee for Freedom of the Press, Derek has published and presented on a range of media topics, including freedom of speech, access to information, and anti-SLAPP laws.

Before joining Davis Wright Tremaine, Derek clerked for the Hon. Robert Beezer with the U.S. Court of Appeals for the Ninth Circuit.

Representative Experience

Energy Litigation & Representation

Contested case proceeding-Oregon Energy Facility Siting Council

Representing applicant in contested case proceeding before the Oregon Energy Facility Siting Council regarding the proposed development of a wind energy project. (Ongoing)

Contested case proceeding-Oregon Public Utility Commission

Represented wind energy projects in Public Utility Commission proceeding brought by electric cooperative challenging the projects’ manner of receiving station service power. Obtained dismissal of claims against wind energy projects. (2014-2015)

Renewable energy project refinancing

Served as local counsel for renewable energy client’s refinancing of large scale wind project. (2015)

Administrative appeals

Representing renewable energy clients in a series of appellate challenges to BPA policy concerning transmission curtailment. (Ongoing)

Commercial Litigation & Representation

Cappello Capital Corp. v. AmericanWest Bank, et al.

Represented through dismissal appellee bank in appeal brought by an investment banking firm concerning professional services provided in connection with a structured sale through bankruptcy. (2014)

Canterbury Park Capital LP et al. v. Micallef et al.

Represented investment firms in litigation and resolution of shareholder and management disputes in both state and federal courts. (2012-2013)

Private arbitration

Arbitrated week-long dispute concerning management of renewable energy company. Obtained award in client’s favor. (2012-2013)

Leatherman Tool Group, Inc. v. Coast Cutlery Co., Zweibrüder Optoelectronics GMBH & Co. KG v. Coast Cutlery Co., Led Lenser Corp. v. Coast Cutlery Co.

Managed discovery and aspects of motions practice in related litigation involving unfair competition, trademark and false advertising claims. (2011-2012)

Atkins v. Kai USA, Ltd.

Assisted in the defense of knife manufacturer against putative consumer class action claims, with primary drafting responsibility over dispositive motions. Obtained dismissal of case. (2010)

Pets’ Rx, Inc. v. McCarthy

Represented plaintiffs in a private arbitration involving a veterinary business dispute. Obtained arbitration award in favor of clients. (2009-2010)

Hardin v. Jackson County

Defended county against constitutional and Section 1983 allegations related to a land use dispute. Obtained dismissal of the consolidated federal and state cases. (2008-2009)

Immigration appeal

Represented client before the U.S. Court of Appeals for the 9th Circuit in petition for review of removal order in immigration proceedings. Acquired a new hearing for client at the agency level through negotiation with the government. (2006-2007)

Anesthesiologists Associated Inc. v. ProDX

Represented plaintiff medical billing company against software developer for breach of contract and negligence. Jury verdict for plaintiff. (2006)

Media Litigation & Representation

Neumann v. Liles

Representing a coalition of media organizations as amici curiae in the first Oregon Supreme Court case to consider the scope of the state’s anti-SLAPP statute, substantively addressing the role of context in the analysis of opinion in a defamation action. (Ongoing)

Mullen v. Meredith Corp.

Defended tort and contract claims against reporter and news organization related to news broadcast, resulting in published Oregon Court of Appeals decision instructing the trial court to grant defendants’ anti-SLAPP motion striking plaintiff’s tort claims. (2013-2015)

LaHodny v. CBS, 48 Hours et al.

Defended investigative journalism program and related defendants in action brought by plaintiffs related to a broadcast concerning the wrongful conviction and of a murder suspect, resulting in dismissal of plaintiff’s claims. (2014-2015)

Snook v. Turel et al.

Defending non-media business and its employee against, inter alia, speech-related claims. Successfully obtained dismissal of speech-related claims under Anti-SLAPP law. (2013-2014)

Leigh v. Salazar*

Submitted amicus brief in support of a photographer challenging restrictions on access to public lands for newsgathering purposes. (2011)

Letter proposal to the U.S. Supreme Court on record access*

Letter and draft rule submitted by the Reporters Committee to the U.S. Supreme Court recommending the adoption of a court rule to address the sealing of court records and documents. (2011)

Nevada Commission on Ethics v. Carrigan*

Submitted amicus brief urging the U.S. Supreme Court to not restrict public oversight of government affairs by affording First Amendment speech protection to acts of governance. (2010)

Northon, et al. v. Ann Rule, et al.

Defended defamation and false light claims in federal district court and on appeal. Dismissal in district court was affirmed on appeal. (2007-2010)

Freedom of Information Act agency proceedings

Assisted film production company in obtaining access to public records for use in the production of the documentary "If a Tree Falls." (2007-2009)

Oregon Health & Science University v. The Oregonian

Obtained summary judgment for media client in public records litigation. (2008)
* Denotes experience completed at a prior firm

Additional Qualifications

  • McCormick Legal Fellow, Reporters Committee for Freedom of the Press
  • Law Clerk, Hon. Robert Beezer, U.S. Court of Appeals for the 9th Circuit
  • Law Intern, Hon. Ancer Haggerty, U.S. District Court, District of Oregon

Professional & Community Activities

  • Program Manager, Oregon Appellate Pro Bono Program, 2010-present
  • Executive Committee, Oregon State Bar Appellate Section, 2014-present
  • Member, Mercy Corps Northwest Loan Committee, 2014-present
  • Special Deputy District Attorney, Multnomah County, 2013
  • Classroom Law Project, 2009-2010
  • St. Andrew Legal Clinic's Race for Justice Committee