Related Practices

Admitted to Practice

New York
Oregon, 1989
Texas, 2001
U.S. District Court Southern District of New York
U.S. District Court District of Oregon
9th Circuit Court of Appeals

Everett Jack, Jr.

Partner

Vice Chair, Litigation Practice

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Portland

T503.778.5218

F503.778.5299

New York

T212.489.8230

F212.489.8340

Everett Jack (EJ) focuses his practice on litigation, including complex corporate and commercial litigation, officer and director defense, employment, and insurance coverage.

EJ works out of the New York and Portland offices of the firm. He has served as the vice-chair of the Litigation department and spent six years on the firm’s Executive Committee. He also previously served as the chair of the firm’s Compensation Committee.

EJ’s diverse trial practice includes a wide range of commercial litigation which is typically factually complex and highly technical. During his career he has tried or arbitrated more than 50 cases through to verdict or decision. EJ has handled or become involved as trial counsel in cases throughout Davis Wright Tremaine, frequently in cases where extensive expert testimony is involved. He has been named as one of the “Best Lawyers in America” for Commercial Litigation (2007-2011), one of 50 Oregon SuperLawyers for Business Litigation (2007-2010), and one of Portland’s Best Lawyers by Portland Monthly Magazine (2008-2010).

Representative Experience

Corporate Cases as Lead Counsel

Official Committee of Unsecured Creditors v. Fatburger Directors and Officers

Represented eleven individual officers and directors sued as defendants for “insider” claims in eight separate adversary cases maintained by Chapter 7 trustee in the Fatburger bankruptcy cases, USBD CD CA. (Settled)

McCoon v. Wiederhorn, et al.

Defended officers and directors of publicly traded company in shareholder derivative suit against claims for breach of fiduciary duty and corporate waste. (Dismissed on motion) (2006)

Tague v. Hurd & Biale

Defense of corporate officers against claims for breach of fiduciary duty, fraud and oppression arising out of corporate buyout by eighth-largest advertising company in the world. (E.D. Pa. 2006) (Through trial)

Powerex Corp. v. Alcan Inc.

Represented Alcan Inc. in defense of claims for breach of contract seeking damages in excess of $100 million arising out of complex power contracts involving Enron trading practices. (2006) (Through trial)

Geltzer, Trustee of Flagship Global Health, et al. v. Wang, et al.

Representation of target defendant executive officer of publicly traded company against claims for breach of fiduciary duty arising out of failed development of business operations in China, in the SDNY. (Settled)

Saguaro Power Co. v. Nevada Power Co.

Representation of independent power generator at trial in Nevada against claims for breach of 30 year power supply contract arising out of energy scheduling practices. Sough declaratory relief, injunctive relief, and damages. (Through trial)

Wilshire Real Estate Investment Trust v. Wilshire Financial Services Group, Inc.

Representation of plaintiff publicly held company and its officers against claims for breach of contract. (Settled after week-long preliminary injunction hearing.)

Green, et al. v. Standard Appliance, Inc.

Representation of defendant employer against claims for age and employment discrimination brought by multiple former employees terminated in reduction in force. Jury trial resulted in complete defense verdict in favor of employer. (2010)

Tang v. CS Clean Systems AG

Representation of German corporate defendant in California Superior Court against alleged claim of intentional interference with prospective economic advantage arising out of termination of contract in Taiwan. (Settled)

Warlick, et al. v. Fatburger Holdings, Inc., et al.

Defended corporation and its directors against claims arising from issuance of stock options. (Los Angeles Cnty. (Cal.) Sup. Ct. 2009)

Insurance Cases as Lead Counsel

Insurance coverage

For 17 years has represented companies such as Travelers, Chartis, Continental Casualty, Genworth Financial, Transamerica, and IFG Companies in commercial coverage, environmental, fidelity, and director and officer liability cases in Oregon, Washington, Idaho, New York, and California.

Insurance corporate, director & officer defense

For the last seven years has represented insured of companies such as Travelers, Chartis, Zurich North America and XL Insurance against claims for unlawful employment practices and director and officer liability claims.

Additional Qualifications

He is the vice chair of the litigation department, serves on the firm's Executive Committee and Strategic Growth Committee.

Professional & Community Activities

Vice Chair, Toxic Torts and Environmental Law Committee, American Bar Association
American Trial Lawyers Association
Federal Bar Council, New York Bar Association
Judicial Screening Committee, Multnomah Bar Association
Chief Justice DeMuniz Civil Law Advisory Committee, 2006; House of Delegates, 2001-2004; Past Chair, Procedure and Practice Committee – Oregon State Bar Association
Board Member, Past Committee Chair, The Boys and Girls Aid Society of Oregon
Past Board Member, St. Andrew Legal Clinic
Nominee, American Board of Trial Advocates

Professional Recognition

Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2008, 2010-present
Selected to "Oregon Super Lawyers," Thomson Reuters, 2007-2012