John McGrory focuses on commercial and complex litigation, with an emphasis on securities, antitrust, trademark matters and shareholder disputes. He also represents officers, directors, and companies in connection with investigations by the Securities and Exchange Commission and state regulatory bodies. In addition to his courtroom experience, John regularly represents clients in arbitration and administrative proceedings.
John is a member of the firm's executive committee.
Selected Experience
Amerivest Financial, LLC, v. Pacific Northwest Title and Escrow Company, et al.
Pacific Northwest Title of Oregon
Ongoing
Represent defendant Pacific Northwest Title against claims under Oregon Securities Act and for aiding and abetting breach of fiduciary duty, fraud and breach of contract. Case is currently at dispositive motions stage.
Gibson et al. v. Providence Health System
Providence Health & Services
Ongoing
Putative class action alleging that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Plaintiffs have appealed to the Oregon Court of Appeals.
Meduri Farms Inc. v. Royal Ridge Fruit and Cold Storage LLC
Royal Ridge Fruit and Cold Storage LLC
2008
Represented client in theft of trade secrets matter. Case settled favorably.
James R. Mann, M.D., et al. v. William C. St. Laurent, et al.
Edward A. Kelly
2001
Represented defendant in case for securities fraud.
Black, et al. v. Arizala, et al.
Gary H. Arizala et al.
1996
Represented defendants in securities and RICO case involving sale of limited partnership interests. Successfully obtained dismissal of securities and RICO claims at pleading stage.
Oceanmark Bank, FSB v. Southern Pacific Funding Corporation, et al.
Frank Frazitta
1998
Represented corporate officer in a securities and RICO case arising out of the purchase of a bank’s mortgage lending division. Plaintiff sought $25 million. The case settled prior to trial.
U.S. Dept. of Health & Human Services, Office for Civil Rights, In re: Providence Health & Services
Providence Health & Services
2008
Represented Providence Health & Services in federal administrative proceedings related to the theft of backup tapes. Proceedings ended in a negotiated settlement.
Strubel v. Shell Oil
Shell Oil
2007
Arbitration of 11 operators' claims against Shell for wrongful termination seeking damages in excess of $5 million resulted in an award of less than $100,000.
Stockamp & Associates Inc. v. Accretive Health
Accretive Health
2006
Represented client in theft of trade secrets case. Case settled in favor of Accretive after filing dispositive motions.
2606 Building v. MICA OR I Inc.
2606 Building v. MICA OR I Inc.
MICA OR I Inc.
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.
Volm v. Legacy Health Systems, Inc., et al.
Legacy Health System
2002
Represented health system in an antitrust case brought under Section 1 of the Sherman Act. The case, which was brought by a health care provider, alleged defendants entered into a conspiracy to exclude it from the market, and also brought various business tort claims. The antitrust claims were dismissed on summary judgment.
Hafez Daraee and Brooks Cooper, et al. v. Microsoft Corporation
Microsoft Corporation
2000
Represented Microsoft in a class action brought by purchasers of the Microsoft Windows 98 operating system, who claimed they were overcharged in violation of antitrust laws. Successfully obtained dismissal of the case at the pleading stage, which resulted in Microsoft's first victory in any of the pending antitrust class actions.
Clough, et al. v. Texaco Refining and Marketing, Inc. and Equilon Enterprises LLC
Texaco Refining and Marketing, Inc. and Equilon Enterprises
1996
Represented Texaco and Equilon in antitrust case brought by gasoline dealers in the Portland area. Plaintiffs alleged defendants violated price discrimination statutes, and sought $9 million in damages. Case settled after summary judgment motions filed.
Forrest Carter, M.D., P.C. v. Cascade Comprehensive Care, Inc., et al.
Cascade Comprehensive Care, Inc.
1996
Represented defendant medical group in antitrust case brought under Sections 1 and 2 of the Sherman Act. Plaintiff sought injunctive relief and unspecified damages. The case was dismissed with prejudice after the court granted motions to dismiss.
Premier Technologies v. State of Oregon
Premier Technologies
Represented plaintiff in an $18,000,000 breach of contract and administrative action brought against the State of Oregon. The case settled during appeal after a three-week jury trial.
Viacom Inc. v. Hollywood Entertainment Corp.
Viacom/Blockbuster
Defended antitrust counterclaims brought against Viacom Inc. and Blockbuster Entertainment. The counterclaims sought damages of $100,000 as well as various forms of injunctive relief including divestiture. The case settled after the filing of summary judgment motions prior to trial.