Leatherman Tool Group, Inc. v. Coast Cutlery Corp.
Represented Leatherman Tool Group in a false advertising claim against its competitor Coast Cutlery for false statements made by Coast regarding the steel used in its knives. (2012)
Paul v. Providence Health System
Represented Providence Health System against a putative class action. Plaintiffs alleged 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. Dismissal was affirmed by the Oregon Court of Appeals and by the Oregon Supreme Court, 273 P.3d 106 (February 24, 2012).
Zweibrüder Optoelectronics v. Coast Cutlery Corp.
Represented Leatherman’s subsidiary Zweibrüder Optoelectronics in a dispute with Coast, Zweibrüder’s former distributor of LED lights, over ownership of trademarks and unfair competition. (2012)
Amerivest Financial, LLC, v. Pacific Northwest Title and Escrow Company, et al.
Defended Pacific Northwest Title against claims under Oregon Securities Act and for allegedly aiding and abetting breach of fiduciary duty, fraud and breach of contract. Obtained jury verdict in favor of Pacific Northwest Title after two-week trial. (Multnomah Cnty. (Or.) 2009)
Hafez Daraee and Brooks Cooper, et al. v. Microsoft Corporation
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. (Multnomah Cnty. (Or.) Cir. Ct. 2000) Read more
Clough, et al. v. Texaco Refining and Marketing, Inc. and Equilon Enterprises LLC
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. Civil No. 96-3028-JO (D. Or. 1996)
Volm v. Legacy Health Systems, Inc., et al.
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. Civil No. CV 00-1168-KI (D. Or. 2002)
East Portland Imaging Center and Body Imaging v. Providence Health System and Providence Health Plan, et al.
Represented large health system and its health plan in an antitrust case brought by two outpatient diagnostic imaging centers that were terminated from the plan in favor of two diagnostic imaging joint ventures formed by health system and community radiologists. The district court entered summary judgment for client after intense discovery. The 9th Circuit affirmed. (9th Cir. 2008)
Viacom Inc. v. Hollywood Entertainment Corp.
Represented plaintiff in a multimillion-dollar misappropriation of trade secrets (real estate acquisition methods and targets) and unfair competition case. Defended antitrust counterclaims brought against Viacom Inc. and Blockbuster Entertainment. The counterclaims sought damages of $1 million as well as various forms of injunctive relief including divestiture. The case settled after the filing of summary judgment motions prior to trial. Civil No. 95-115-MA (D. Or. 1995)
Pacific Courier Services v. Pacific Northwest Title
Gained full defense verdict after four-day jury trial on breach of contract case brought by courier service against title company. (Multnomah Cnty. (Or.) Cir. Ct. 2008)
Forrest Carter, M.D., P.C. v. Cascade Comprehensive Care, Inc., et al.
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. Civil No. CV 96-3028-CO (D. Or. 1996)
Premier Technologies v. State of Oregon
Represented plaintiff in an $18 million breach of contract and administrative action brought against the State of Oregon. The case settled during appeal after a three-week jury trial. 92C10520 (Marion Cnty. (Or.) Cir. Ct.)
Black, et al. v. Arizala, et al.
Represented defendants in securities and RICO case involving sale of limited partnership interests. Successfully obtained dismissal of securities and RICO claims at pleading stage. Case No. 9611-09017 (Multnomah Cnty. (Or.) Cir. Ct.)
Oceanmark Bank, FSB v. Southern Pacific Funding Corporation, et al.
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. Settled prior to trial. Case No. 98-6217 (S.D. Fla. 1998)
Strubel v. Shell Oil
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. (2007)