John McGrory focuses on commercial and complex litigation, with an emphasis on antitrust, securities and shareholder matters. 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 and is chair of the Portland office's litigation department.
Selected Experience
Amerivest Financial, LLC, v. Pacific Northwest Title and Escrow Company, et al.
Pacific Northwest Title of Oregon
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. Obtained jury verdict in favor of Pacific Northwest Title after two-week trial.
Hafez Daraee and Brooks Cooper, et al. v. Microsoft Corporation
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.
Clough, et al. v. Texaco Refining and Marketing, Inc. and Equilon Enterprises LLC
Texaco Refining and Marketing, Inc. and Equilon Enterprises
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.
Volm v. Legacy Health Systems, Inc., et al.
Legacy Health System
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.
East Portland Imaging Center and Body Imaging v. Providence Health System and Providence Health Plan
Providence Health System
Represented Providence 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 joint ventures formed by Providence and community radiologists. The district court granted summary judgment for Providence and the 9th Circuit affirmed. (D. Oregon 2006; 9th Cir. 2008).
Viacom Inc. v. Hollywood Entertainment Corp.
Viacom/Blockbuster
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.
Pacific Courier Services v. Pacific Northwest Title
Pacific Northwest Title of Oregon
Gained full defense verdict after four-day jury trial on breach of contract case brought by courier service against title company.
Forrest Carter, M.D., P.C. v. Cascade Comprehensive Care, Inc., et al.
Cascade Comprehensive Care, Inc.
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.
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.
Black, et al. v. Arizala, et al.
Gary H. 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.
Oceanmark Bank, FSB v. Southern Pacific Funding Corporation, et al.
Frank Frazitta
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.
Strubel v. Shell Oil
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.