Harry’s practice includes some of the largest litigation in the Pacific Northwest, as well as pre-litigation disputes and arbitrations. Recent cases include:
- Rosenblum v. Oracle and related cases. Harry represented the Oregon Attorney General, the State of Oregon, and Cover Oregon in their litigation against Oracle, the second-largest software company in the world. The litigation involved cases in state and federal court and claims for, among others, breach of contract, fraud, false claims, copyright, and quantum meruit. Harry played a central role in all the cases, including briefing and arguing dispositive motions and taking and defending key depositions. The litigation settled successfully in September 2016.
- United States v. Bundy, et al. Federal Judge Anna Brown appointed Harry to represent the jury in the October 2016 Malheur National Wildlife Refuge occupation trial. After the trial, a group of media moved the Court to learn the identities of the jurors. Harry and fellow MH shareholders Laura Salerno Owens and David Markowitz developed a legal solution that protects the jurors' privacy, while allowing the press to perform its important news gathering function.
- Confidential international employment matter. Harry tried and won an employment matter before an international tribunal. The case culminated in a two-day trial before a judge sitting in Nairobi, Kenya, with witnesses appearing by telephone from the United States and Europe.
Harry has been frequently honored for his achievements as a litigator. His awards include:
- Forty under 40. Portland Business Journal, 2015. Honoring business leaders in Oregon.
- Under 40 Hot List. Benchmark Litigation, 2016. Honoring law firm partners nationwide under the age of 40. Harry was one of fewer than 380 lawyers nationwide and just five in Oregon given this distinction.
- Rising Star. Lewis & Clark Law School, 2016. Honoring one former graduate each year, Harry received the award in “recognition of his professional excellence and achievements as a litigator” and “his zealous advocacy on behalf of his clients.”
- Excellence in Justice. Oregon Department of Justice, 2009 and 2010. Awarded to attorneys in the DOJ for superior performance.
- Rising Star. Oregon Super Lawyers magazine, 2016.
Before joining Markowitz Herbold, Harry clerked for United States District Court Judge Michael H. Simon, and was an Assistant Attorney General at the Oregon Department of Justice. He also served as an assistant to former United States Congressman and House Minority Leader Dick Gephardt. Harry is the Chair of the Board of Directors of De Paul Treatment Centers, one of the largest nonprofit drug and alcohol treatment centers in Oregon. He is a graduate of Harvard University and Lewis & Clark Law School.
Experience and Affiliations
- Forty under 40, Portland Business Journal, 2015
- Under 40 Hot List, Benchmark Litigation, 2016
- Rising Star Award winner, Lewis & Clark Law School, 2016
- Rising Star, Oregon Super Lawyers magazine, 2016
- Two Excellence in Justice Awards, Oregon Department of Justice
- Chair, Board of Directors, De Paul Treatment Centers
- Board member, Coalition for Responsible Use of Prescription Medications
- Member, American Health Lawyers Association
- Member, Multnomah Bar Association
- Member, Oregon Trial Lawyers Association
- Member, Federal Bar Association
Education
- Harvard University — A.B., Philosophy
- Lewis & Clark Law School — J.D.
Admitted to Practice
- Oregon
- U.S. District Court, District of Oregon
- Ninth Circuit Court of Appeals
Digimarc Corporation v. IV Digital Multimedia Inventions, LLC, et al.
Represented Digimarc Corporation in an arbitration concerning disputes relating to calculation of potential profit sharing payments under Digimarc’s patent license with licensee Intellectual Ventures. The parties resolved all matters pending in the arbitration. The terms of the settlement are confidential.
Attorneys: Harry Wilson Dallas DeLuca David Markowitz Paul Bierly
Practice Areas: Intellectual property litigation Contract disputes
Griffiths, et al. v. BC Custom Homes, et al.
Defended individuals against a complex third-party indemnity claim arising out of a failed residential development. The court granted our clients’ motion for summary judgment and awarded full attorneys’ fees and costs.
Attorneys: David Markowitz Harry Wilson
Practice Areas: Real estate disputes Contract disputes
United States v. Bundy, et al.
Attorneys: David Markowitz Harry Wilson Laura Salerno Owens
Oracle America, Inc. v. Governor Kate Brown
Successfully defended the Office of the Governor against claims for violations of the Oregon Public Records Laws. The court granted our motions to dismiss, to strike, and for summary judgment and dismissed plaintiff’s case, making new law in Oregon in the public records arena.
Opinion letter from Judge James - state v. kate brown
Attorneys: David Markowitz Dallas DeLuca Harry Wilson
Practice Areas: High-stakes litigation Contract disputes
State of Oregon v. Oracle America Inc., et. al.
Represented State against Oracle in claim to enforce promise to renew contract to host Oregon’s Medicaid enrollment system on Oracle’s managed cloud. Prevailed in a two-day preliminary injunction hearing and obtained one-year injunction requiring Oracle to renew its contract with the State to allow the State sufficient time to transition to new system.
Opinion from Judge Geyer - State of Oregon v. Oracle America
Attorneys: Dallas DeLuca Harry Wilson Jeff Edelson
Practice Areas: High-stakes litigation Contract disputes
Oracle America, Inc. v. The Oregon Health Ins. Exchange Corp., et al.
Attorneys: David Markowitz Dallas DeLuca Kristin Malone Harry Wilson
Practice Areas: High-stakes litigation Intellectual property litigation Contract disputes
Rosenblum, et al. v. Oracle America, Inc., et al.
Represented the State, Cover Oregon, and the Oregon Attorney General in their claims for breach of contract, fraud, racketeering, and violations of state false claims act against California software and technology company arising from the failure of the Oregon health insurance exchange website. The case settled successfully in September 2016.
Attorneys: Dallas DeLuca David Markowitz Harry Wilson Kristin Malone Chad Naso
Practice Areas: High-stakes litigation Contract disputes
Oregon v. American Team Mortgage, Inc.
As an assistant attorney general at the Oregon Department of Justice, Harry led the civil prosecution of American Team Mortgage and its CEO. In addition to handling the investigation and preparing the complaint, Harry briefed and argued the State's response to the defendants' Rule 21 motions, defeating all the motions. After losing their motions, the defendants settled on terms favorable to the state.
Attorney: Harry Wilson
Wetherell v. Douglas County
Harry represented amicus curiae the Oregon Department of Land Conservation and Development in an appeal concerning the proper interpretation of Oregon's land use rules. Harry wrote the brief and argued the case before the Oregon Court of Appeals. The Court adopted the DLCD's position in a published opinion.
Attorney: Harry Wilson
Practice Area: Real estate disputes
Department of Human Services v. D.M.T.
Represented the Oregon Department of Human Services in an appeal challenging a juvenile court decision. Harry briefed and argued the case before the Oregon Court of Appeals and prevailed in an en banc decision.
Attorney: Harry Wilson
State v. Reeves
Harry represented the State in a complex criminal appeal regarding, among other issues, the proper application of Oregon's anti-merger statute. Harry argued the case before the Oregon Court of Appeals and in a published opinion, the Court adopted the State's position.
Attorney: Harry Wilson