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 9th Circuit.
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)
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)
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)
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