|
|
| Litigation |
|
| Related Industries | Respresentative Clients | Resource Links | Attorneys |
|
|
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 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.
Because of our experience, Ater Wynne attorneys are often called upon to assist clients in identifying business risks and developing prevention strategies. However, should litigation arise, 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 the 2010 Chambers USA: America's Leading Lawyers for Business.
The following is a representative listing of the various types of litigation handled by attorneys in the firm:
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, business torts and consumer issues. We represent pharmaceutical companies and 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. The firm defended more than 100 personal injury claims made against the manufacturer of the Dalkon Shield, including many which were tried to verdict. As a result of our success in this litigation, we served as counsel for the claimants' trust created in the A.H. Robins bankruptcy in dealing with its worldwide liability and defending the post-bankruptcy claims at trial and in arbitrations. We also defended manufacturers of breast implants against hundreds of product liability lawsuits. 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.
Toxic Torts
Ater Wynne’s extensive experience in the products liability, personal injury and environmental law fields have uniquely qualified the firm to handle toxic tort claims. Our familiarity with the medical community facilitates our work in this growing field of litigation.
Securities Litigation
We have represented corporate directors, securities broker-dealers, issuers and underwriters, and government agencies, such as SIPC, in a broad range of securities law matters. We have defended challenges to corporate mergers, including the successful defense of the directors of Avia regarding a class action claim arising out of the Reebok-Avia merger. 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 a wide range of builders, engineers, owners, developers, lenders, contractors and insurers in a variety of claims involving construction disputes, construction or mechanics lien litigation and bond claims. Our experience includes public works projects, large industrial applications and turn-key projects. In addition to litigating and arbitrating construction issues, 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 all forms of construction litigation.
Financial Institutions
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 virtually 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 before the Board of Equalization and 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 frequently represents clients in litigation before the courts and public utilities commissions in rate, contract and statutory disputes between users and suppliers of energy. Litigation also has involved, among other things, 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, 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 dealing with insurance coverage issues. Ater Wynne has experience involving complex coverage and insurance policy interpretation issues.
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 computers and systems to handle the most complex litigation. We integrate document production, depositions and case files in full text computer systems that minimize paper shuffling and provide instant access to all data. More important, we have trained paralegals and other personnel capable of staffing complex cases at all levels. We are skilled at converting large quantities of data into useful information that will lead to case resolutions. We do not allow data collection to become an end in itself. At the outset of every case, we formulate a strategic plan of action that serves as a guide for all work done on the case. We also have experience in handling matters requiring immediate court action in the form of temporary restraining orders and preliminary injunctions. Our corps of trial lawyers is not just "paper" litigators. While we are adept at settling claims when the client's interest so dictates, our lawyers have tried a great number of cases to completion.
Multi-Forum Litigation
Ater Wynne is a regional law firm capable of managing multi-district litigation (MDL). In addition to having offices in Oregon, Washington, California and Utah, 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.
Related Industries:
Energy
Financial Services
Food & Beverage
Healthcare
Manufacturing
Real Estate/Construction
Technology & Telecom
Tribal Economic Development
|
|
| Representative Clients: |
Bank of New York
Consolidated Metco
FLIR Systems, Inc.
Hewlett-Packard
Komatsu America
La-Z-Boy Incorporated
McGhan Medical Corp.
Northwest Pipe Company
Oregon Health & Sciences University
Oregon Freeze Dry, Inc.
Pfizer Inc.
Portland Family of Funds
R.C. Hedreen Co.
REC Silicon Inc.
Schnitzer Steel Industries, Inc.
Stillaguamish Tribe
Teck Cominco American Incorporated
The ODS Companies
Webtrends
|
|
| Representative Matters: |
- Defense of Wage and Hour class action suit including defeat of class action allegations. Succeeded in getting punitive damages claims and unique quantum meruit claims dismissed from the Complaint. Earlier motions practice included the unsettled issue of whether the statutory remedy for alleged rest and meal break violations constitutes a “wage” or a “penalty”, an issue which was
- ultimately resolved by the California Supreme Court while our motions were pending.
- Defense of investigation of catastrophic accident (resulting in injuries and death) by the state occupational health agency (Oregon OSHA) and potential citations involving an equipment collapse.
- Local counsel in shareholders derivative suit for semiconductor company.
- Insurance coverage representation to brokerage firm involved as defendant in class action law suits filed by investors.
- Representation of a manufacturer in environmental insurance coverage case involving releases of radioactive material.
- Recently obtained jury verdict in favor of large telecommunications provider . At issue was the interpretation of a lease associated with provider’s West Coast fiber optic system.
- Recently achieved multi-million dollar settlement of federal court copyright infringement and trade secret violation case for large manufacturing company client after proving that former employee and his new employer, a competitor company, misappropriated our client’s industry-specific software, used that software on over 100 projects and destroyed evidence. In pre-trial proceeding, we convinced the court to keep the case in Oregon, defeating defendant’s motion to dismiss for lack of jurisdiction and venue.
- Representation of a manufacturer and seller of computer controlled industrial tools in litigation involving international distributors
- Defense of pharmaceutical companies in wrongful death, mass tort and other product liability lawsuits
- Representation of computer hardware manufacturer in class action suit
- Defense of entrepreneurs and their new company from claims arising out of the alleged misappropriation of trade secrets from the former employer of the new company’s founders. After 18 months of litigation, negotiated a settlement which dismissed the litigation with prejudice and allowed the new company and its founders to continue pursuing their prospective product without limitation.
|
|
| Resource Links |
Seminars and Events
Legal Articles and Alerts |
|
Litigation Attorneys:
|
Frank Langfitt (Contact, Portland)
James M. Barrett
Lori Irish Bauman
Steven K. Blackhurst
Leslie G. Bottomly
James B. Davidson
Kathryn L. Feldman
Peter H. Haller
Greg Harris
Jathan Janove
Nathan A. Karman
Stephen J. Kennedy
Daniel P. Larsen
Douglas C. MacCourt
Stacey E. Mark
Brenda Molner
Michael J. (Sam) Sandmire
Rob Roy Smith
James G. Stewart
Heidee Stoller
Litigation Paralegals:
Marlene K. Elser
Janice C. Harvey
Aaron Hottell
Sara Tait
|
| |
|
|
|