Related Practices

Admitted to Practice

U.S. Supreme Court
Oregon, 1981
U.S. Court of Appeals Federal Circuit
U.S. Court of Appeals 9th Circuit
U.S. District Court District of Oregon

Timothy Volpert

Partner

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Portland

T503.778.5205

F503.778.5299

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.

Representative Experience

Harari v. Hollmer

Successfully represented appellant in patent interference matter before Federal Circuit. (Fed. Cir. 2010)

Gafur v. Legacy Good Samaritan Hospital and Medical Center

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)

Net MoneyIN, Inc. v. VeriSign, Inc., et al.

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)

Tahvili v. Washington Mutual Bank

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)

Kramer v. Tosco, et al. (U.S. Court of Appeals for the 9th Circuit)

Successfully represented employer in upholding judgment arising out of jury trial in Americans with Disabilities Act claim. (9th Cir. 2007)

Schnitzer Investment Corp. v. Certain Underwriters at Lloyd's of London

Successfully represented insurer in Oregon Supreme Court regarding insurance coverage for environmental clean-up costs. S52422 (Or. 2006)

Gieg v. DDR, Inc. / Chaloupka, et al. v. SLT/TAG, Inc., fka Thomason Auto Group, Inc. and Asbury Automotive, LLC

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)

In re Computerized Thermal Imaging, Inc.

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) Read more

Verizon Northwest Inc. v. Electric Lightwave, Inc.

Successfully represented competitive local exchange carrier (at both trial and appellate levels) in establishing that arbitrated interconnection agreement and the Telecommunications Act of 1996 allowed inclusion of Internet service provider-bound traffic in reciprocal compensation. 63 F. App'x 293 (9th Cir. 2003)

Weber v. Oakridge School District 76

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)

Vernonia School District 47J v. Acton

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) Read more

Professional & 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

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," Thomson Reuters, 2006-2012
Named one of the "Best Lawyers in America" in Appellate Law by Best Lawyers, 2010-present