As a business litigator, Bob works with clients to identify and execute plans to resolve disputes in ways that make business sense. In some cases, that might involve a business solution such as restructuring a contract or negotiating an owner’s exit from the business. In others, it will involve litigating the dispute through trial and any appeals, working closely with the client to maintain focus on achieving the desired result as cost-effectively as possible. Bob assists business clients in a wide variety of matters, including ownership disputes, products liability, professional liability, and breaches of contracts.
Bob also represents businesses, public bodies, political organizations, private individuals, and a tribal government in matters at the intersection of law and public policy. Drawing on experience inside and outside government, Bob advises clients on intergovernmental relations, government contracting, public records and government ethics. He also litigates cases in those areas and others, including constitutional law, intra-organizational disputes, prevailing wage law, and claims against government bodies.
- Received an AV® Preeminent™ rating by the Martindale-Hubbell National Law Directory
- Included in The Best Lawyers in America© in the fields of appellate practice and commercial litigation for 2013 and 2014
Bob is a member of the Oregon State Bar, Washington State Bar, the American Bar Association, the Multnomah Bar Association, and the Federal Bar Association. He is admitted to practice before all state courts in Oregon and Washington, the Ninth Circuit Court of Appeals, the U.S. District Court for the State of Oregon, and the Tribal Court of the Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians.
Bob serves on the Multnomah Bar Association’s Board of Directors and in 2014 is chair of the Oregon State Bar Constitutional Law Section. He previously served as chair of the MBA Professionalism Committee, member of the Oregon State Bar’s Public Service Advisory Committee, and member of the MBA Pro Bono Task Force.
Bob is a 1998 graduate from the University of Oregon School of Law, where he was Executive Editor of the Oregon Law Review.
Trial and Appellate Advocacy Highlights
- Obtained jury verdict for $223,832.05 on promissory estoppel claim relating to ownership of a corporation, in Lane County Circuit Court (2013).
- Obtained judgment of foreclosure on hotel property and money award of $2,744,647.33 plus interest, costs and attorney fees, in Clatsop County Circuit Court (2012).
- Filed amicus brief in Oregon Supreme Court on behalf of Oregon Association of Hospitals & Health Systems, Oregon Medical Association and American Medical Association in Paul v. Providence Health System-Oregon, relating to liability of a health care provider for theft of patient information by a third party (2012).
- Successfully defended trial court judgment affirming city’s creation of a local improvement district, 241 Or App 378 (2011).
- Obtained reversal of trial court judgment dismissing client’s claim for declaratory judgment that client was a shareholder of a corporation, 241 Or App 255 (2011).
- Filed amicus brief on behalf of Oregon Association of Defense Counsel in Cohens v. McGee, 219 Or App 78 (2008), and White v. Jubitz Corp., 347 Or 212 (2009) (both relating to the question of whether written-off medical bills are recoverable as economic damages in negligence cases).
- Successfully defended trial court judgment on appeal to the Ninth Circuit Court of Appeals, affirming summary judgment in favor of municipality and police officer in claim for negligence and violation of Fourth Amendment rights (unpublished opinion) (2009).
- Successfully defended trial court judgment on appeal to the Ninth Circuit Court of Appeals, affirming summary judgment in favor of client in Section 1983 claims asserting violations of various constitutional rights (unpublished opinion) (2009).
- Filed amicus brief in Oregon Supreme Court on behalf of Oregon Association of Hospitals & Health Systems in Christiansen v. Providence Health System, 344 Or 445 (2008) (relating to application of the Oregon Constitution’s “remedy clause” to a claim for prenatal injuries).
- Obtained decision of the Oregon Court of Appeals remanding order of Oregon Public Utility Commission for reconsideration due to PUC’s incorrect interpretation of state law, 224 Or App 485 (2008).
- Obtained decision of the Oregon Court of Appeals affirming, without opinion, a judgment in favor of client against claim for professional negligence, 203 Or App 639 (2006).
- Obtained reversal of trial court’s decision to dismiss client’s negligence claim based on standards for sufficiency of expert testimony, 200 Or App 15 (2005).
- Author: “Contract Clause,” Chapter 8 in Oregon Constitutional Law (2013 ed.), Oregon State Bar publication.
- Co-Author with James E. Mountain, Jr. and Jona J. Maukonen: “Postdecision Matters in the Court of Appeals,” Chapter 11 in Appeal and Review: the Basics (2010 ed.), Oregon State Bar publication.
- Co-Author: Oregon chapter in “Lobbying, PACs, and Campaign Finance – 50 State Handbook,” published annually by the State Capital Group through Thomson Reuters/West (2009-2013).
- Author: “Litigating the ‘Fair Value’ of a Business Organization,” published in Winter 2011 edition of The Verdict (OADC publication) (explored strategies for litigating “fair value” in business break-ups).
- Co-author with Susan D. Marmaduke: “Abandoning ‘We Can’t Tell,’” Oregon State Bar Bulletin, 2003 (analyzed the power vested in the judiciary to affirm judgments notwithstanding trial court errors, comparing the Oregon Supreme Court’s decision in Shoup v. Wal-Mart Stores with Amended Article VII, section 3, of the Oregon Constitution).
- Author: “The Clergy-Penitent Privilege in Oregon,” Oregon Law Review, 1997 (analyzed the history and application of Oregon’s clergy-penitent privilege in the context of a news-making dispute over the recording of a conversation between a jail inmate and a Catholic priest).
- Co-author of Introduction with Kurt Wanless: “Oregon Land Use Symposium – The Twenty-Fifth Anniversary of S.B. 100,” Oregon Law Review, 1998.
- Author: “Is a Lobbyist’s Gift to a Public Official an Empty Gesture?” in Oregon State Bar Constitutional Law Section’s March 2011 Newsletter (analyzed Oregon Supreme Court case regarding constitutionality of statutes regulating gifts from lobbyists to elected officials).