Litigation

Ater Wynne provides a full range of dispute avoidance and resolution services and represents clients in all phases of litigation in state and federal courts , administrative agencies and various alternative dispute resolution venues.  Our practice is oriented toward effective representation of corporate, commercial and financial clients, and individuals with business interests.  Unlike many large firms today, we have a high percentage of trial lawyers with extensive courtroom experience in the trial of cases to verdict, not just discovery and motion practice.

Ater Wynne attorneys are called upon to assist clients in identifying business risks and developing prevention strategies.  When litigation arises, we are skilled at evaluating and resolving cases realistically and effectively — as well as trying them.  Ater Wynne is a recommended firm in Benchmark Litigation, a guide to leading litigation firms and attorneys, published by Euromoney Institutional Investor. The Litigation Group is also ranked among the top tiers in Chambers USA: America’s Leading Lawyers for Business.

The following is a representative listing of the types of litigation handled by attorneys in the firm:

• Business Litigation
• Intellectual Property and Technology
• Products Liability, Casualty & Professional Liability
• Securities Litigation
• Environmental and Regulatory Litigation
• Construction and Lien Claims
• Financial Institutions and Bankruptcy
• Employment Litigation
• Real Estate/Property Development
• Energy Litigation
• Insurance
• Antitrust and Trade Practices
• Complex Litigation
• Multi-Forum Litigation
• Alternative Dispute Resolution
• Trusts and Estates

Business Litigation

We handle all phases of business and commercial disputes, including bringing and defending claims involving business relationships, employment contracts, non-competition agreements, sales and distribution agreements, UCC issues, contracts, business torts and consumer issues.  We represent pharmaceutical companies and medical device manufacturers in the defense of multi-state consumer fraud claims and product liability claims.

Our trial lawyers are experienced in defending state and federal class actions and in handling claims of bad faith, breaches of fiduciary duties or interference with business relationships.  We are experienced in bringing and defending claims for punitive damages in this context.

Intellectual Property and Technology

Ater Wynne represents clients in a broad range of intellectual property and technology disputes, including misappropriation of trade secrets, trademark, tradedress, patent and copyright infringement claims, unfair competition claims, and breaches of licensing, confidentiality, non-competition and other employment agreements.  Ater Wynne attorneys have a keen understanding of the technological underpinnings of intellectual property and technology litigation. The depth of our intellectual property business attorneys further augments our representation of clients in the prosecution and defense of intellectual property and technology cases.

Products Liability, Casualty & Professional Liability

Ater Wynne lawyers have gained a national reputation in the defense of casualty and products liability claims. Our litigation practice encompasses all phases of casualty and personal injury litigation, including environmental torts and toxic torts. Our products liability practice has included the defense of a wide variety of products, ranging from medical devices and pharmaceuticals to chemicals and industrial and construction materials.  Our experience in professional liability has included both prosecuting and defending liability claims involving officers and directors, architects, engineers, accountants, real estate brokers, real estate appraisers and attorneys.

Securities Litigation

We have represented corporate directors, securities broker-dealers, issuers and underwriters, and government agencies, in a broad range of securities law matters. We have litigated claims on behalf of broker-dealers in court and in arbitrations before the NASD. We also have substantial experience in litigating RICO claims under both the state and federal statutes.

Environmental and Regulatory Litigation

Ater Wynne pioneered the representation of industrial clients in regulatory litigation through trade associations organized with the assistance of the firm. The firm regularly tries cases before local, state, and federal regulatory agencies and courts. We litigate Superfund issues, including cost recovery and contribution actions under CERCLA. We also are experienced in handling licensing disputes, environmental impact statements and similar matters.  The firm advances clients’ positions through the regulatory process, and defends clients’ positions, permits, licenses and rights against challenges.  We are experienced in regulatory hearings and their appeals, injunctive proceedings and the litigation of complex scientific issues.  Ater Wynne is also experienced in representing clients in disputes with their insurers concerning coverage for environmental claims.

Construction and Lien Claims

We represent builders, engineers, owners, developers, lenders, contractors and insurers in a variety of claims involving construction disputes, lien litigation and bond claims. Our experience includes public works projects, industrial applications and turn-key projects. We have frequently been retained to draft, review, develop and supervise construction contracts in order to minimize or avoid litigation.  We serve as mediators and arbitrators in construction litigation.

Financial Institutions and Bankruptcy

Ater Wynne has represented several financial institutions in lender liability claims and in the full range of litigation required to collect payments and to enforce security interests in collateralized loans.  We also regularly represent lenders before the bankruptcy courts.

Employment Litigation

Our employment law group has experience defending all types of employment claims filed against employers, including all forms of unlawful discrimination and harassment, wrongful termination, contract disputes, wage and hour issues, OSHA compliance, Employer Liability Law claims, ERISA and other benefits disputes, class actions, and the enforcement of confidentiality and non-competition agreements.  Our attorneys litigate employment-related claims in state and federal courts, administrative agencies, and arbitration tribunals, and regularly participate in alternative dispute resolution.  Several of our attorneys also serve as mediators and arbitrators.

Real Estate/Property Development

We handle a wide variety of issues on behalf of developers, landlords, and other clients with real estate interests and holdings.  We have litigated foreclosure cases, FED actions, contract disputes, construction liens, landlord liens, and zoning and planning disputes.  We represent clients in tax court on property valuation and assessment disputes.  We also have experience in representing clients before the Land Use Board of Appeals (LUBA).

Energy Litigation

Ater Wynne has a substantial practice representing clients in the energy industry throughout the Western United States.  Our Litigation Department represents clients in litigation before the courts and public utilities commissions in rate, contract and statutory disputes between users and suppliers of energy. We also represent clients in litigation relating to energy project development, and resource development.

Insurance

Ater Wynne’s insurance practice covers a wide range of subject areas, including casualty and property, professional liability, directors and officers, environmental liability, and life, health and disability. We have been active in advising clients concerning their insurance coverages both before and after disputes have arisen. We have represented both insurance companies and insureds in insurance coverage issues and litigation.

Antitrust and Trade Practices

Ater Wynne has been a participant in most of the significant antitrust litigation in the Pacific Northwest.  The firm has represented clients in private treble damage actions, federal grand jury investigations, state antitrust suits and other disputes involving trade regulation and unfair competition issues.  Our experience is primarily on the defense side, but we also have successfully represented plaintiffs in such cases.

Complex Litigation

Ater Wynne has extensive experience in handling complex litigation in an efficient manner.  Our firm is equipped with state-of-the-art systems and software to handle the most complex litigation.  We integrate document production, depositions and case files in sophisticated document systems that maximize efficiencies and provides efficient access and use of all data.  More important, we have trained specialists and other personnel capable of staffing complex cases at all levels. We also have experience in handling matters requiring immediate court action in the form of temporary restraining orders and preliminary injunctions.

Multi-Forum Litigation

Ater Wynne represents clients interested in multi-district litigation (MDL).  In addition to having offices in Oregon, Washington and California, the firm has litigation partners who are experienced in trying cases in forums throughout the country, in supervising litigation in multiple locations for clients, and in working with other local, regional and national coordinating counsel.

Alternative Dispute Resolution

We have experience in all aspects of dispute resolution and are creative in finding alternatives to trial.  We have served as mediators and arbitrators and have represented clients in all types of dispute resolution proceedings.

Trust and Estates

Ater Wynne represents trustees, personal representatives, heirs and beneficiaries in matters relating to the administration of trusts and estates. Our trial lawyers are experienced in handling matters involving conflicts of interest, breaches of fiduciary duties, fiduciary accountings, claims against the estate and other matters that arise during the course of trust and estate administration. We represent corporate fiduciaries, individual fiduciaries, beneficiaries and heirs. Our familiarity with trust and estates facilitates the growing trend in trust and estate litigation.

Representative Clients:

• Bank of New York
• Consolidated Metco
• FLIR Systems, Inc.
• Hewlett-Packard
• Northwest Pipe Company
• Oregon Health & Sciences University
• Oregon Freeze Dry, Inc.
• Pfizer Inc.
• Portland Family of Funds
• REC Silicon Inc.
• Stillaguamish Tribe
• Teck Cominco American Incorporated
• The ODS Companies
• Webtrends