Admitted to Practice | U.S. Supreme Court | | U.S. Court of Appeals Federal Circuit | | U.S. Court of Appeals 9th Circuit | | U.S. District Court District of Oregon | | Oregon, 1981 |
| Tim Volpert's practice focuses on complex litigation in state and federal trial courts, including cases involving constitutional, commercial, education, employment and telecommunications law. His practice emphasizes appellate litigation. He successfully represented the petitioner before the U.S. Supreme Court in Vernonia School District 47J v. Acton, a landmark case holding that drug testing of public school athletes does not violate the Fourth Amendment. Selected Experience Successfully represented appellant in patent interference matter before Federal Circuit. (2010) Successfully represented health system before the Oregon Supreme Court in action seeking wages and penalties for allegedly missed rest and meal periods under Oregon law. 213 Or. App. 343, 161 P.3d 319 (Or. 2008) Successfully represented appellant in U.S. Court of Appeals for the Federal Circuit in a case for infringement of a patent generally directed to systems for processing credit card transactions over a distributed computer system, particularly the Internet. (Fed. Cir. 2008) Successfully represented bank in upholding judgment on appeal involving revocation of attorney's pro hac vice certification during trial. A128324 and A127302 (Or. App. 2008) Successfully represented employer in upholding judgment arising out of jury trial in Americans with Disabilities Act claim. (9th Cir. 2007) In a matter of first impression in the Ninth Circuit, successfully represented several automobile dealerships in establishing that their finance and insurance managers are exempt from overtime pursuant to the Fair Labor Standards Act. 407 F.3d 1038 (9th Cir. 2005) Successfully represented client in upholding dismissal of securities fraud claims based on failure to meet pleading requirements of the Private Securities Litigation Reform Act. 104 F. App'x 655 (9th Cir. 2004) Successfully represented school district (both trial and appellate courts) in a state court challenge alleging that the district's policy of random drug testing of student athletes violates the Oregon constitution. Or. App. 415, 56 P.3d 504 (Or. App. 2002) Successfully represented school district, arguing before the U.S. Supreme Court, and achieving reversal of the 9th Circuit's decision that the school district's policy of random drug testing of student athletes violated the Fourth Amendment. 515 U.S. 646 (U.S. 1995) Additional Qualifications Professional and Community Activities
- President’s Public Service Award, Oregon State Bar, 2004
- Attorney Coach, "We the People: The Citizen and the Constitution" Program, Grant High School, Portland, Or., 2000- present
- Board of Directors, Classroom Law Project, 1994-present
- Executive Committee, Classroom Law Project, 1996-2008
- Oregon Rules of Appellate Procedure Committee, Supreme Court of Oregon, 1999-2006
- Guest lecturer, United States Supreme Court practice, sports law and legal research and writing courses, Lewis & Clark Law School, Portland, Or., 2000-present
- Executive Committee, Appellate Section, Oregon State Bar, 1999-2001
- U.S. District Court of Oregon Historical Society
- Senior Law Project, Award for Outstanding Service, 1985
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Professional Recognition
- Named as one of "America's Leading Lawyers for Business" in Litigation: General Commercial (Oregon) by Chambers USA, 2009-2011
- Selected to “Oregon Super Lawyers," Law & Politics, 2006-2011
- Named as one of the "Best Lawyers in America" in Appellate Law by Woodward/White, 2010-2012
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Education J.D., Willamette University College of Law, 1981 B.A., Earlham College, 1978 | |