Represented Reel.com and Hollywood Entertainment against multi-million dollar breach of contract claims arising from third-party distribution agreement. Settled after three-week arbitration.

Defended Lanham Act trademark infringement claims and claims of unfair competition and false designation of origin. Settled before defense appearance.

Represented tennis legend Andre Agassi in breach of contract claim. Arbitration panel rendered confidential result after four-week arbitration.

Represented an individual in a claim made by a bank under a purported personal guaranty for a loan in default made to the client's son. The client denied that he had signed the guaranty. Despite the testimony of the bank's hand-writing expert, a  jury returned a unanimous verdict against the bank and in favor of our client. The Court awarded enhanced prevailing party fees to client.

Represented investor-owned utility Portland General Electric Co. (PGE) responding to a petition for review of a Public Utility Commission order in a Commission rate-setting docket. PGE supported the Commission’s order and, along with the Commission, opposed the petition for review. Petitioner, an association of large consumers of electricity in the northwest, argued that the Commission erred in approving PGE’s 300 average annual megawatt (“MWa”) cap on large customers (those over 1 MWa) opting-out of PGE’s generation. Those opt-out large customers purchase electricity directly from independent energy generation facilities (a.k.a. “Direct Access” electricity suppliers). Petitioner contended that the underlying administrative proceeding did not support leaving the same 300 MWa cap in place. Petitioner also argued that the Order discriminated against consumers that used very large amounts of electricity per year because they could not opt-out of PGE service for Direct Access service because most of the cap had already been accounted for by prior opt outs. PGE contended that the non-discrimination statute did not apply and that the record supported leaving the cap in place to protect customers from unwarranted cost-shifting by those that opt-out. The Court of Appeals affirmed the Commission’s decision without an opinion following oral argument.

Represented retailer in class action claims for damages arising from purchases of gift cards. Prevailed on summary judgment.

Plaintiff challenged a Clean Water Act permit for a landfill expansion in Southern Illinois. Obtained dismissal of the complaint for the U.S. Army Corps of Engineers although it was later reinstated.

Represented subsidiary in contract dispute with publicly-traded parent corporation over funding. Settled prior to arbitration for full amount owed, plus attorneys fees.

Represented a discharged employee in a declaratory judgment action brought by a former employer to avoid more than $275,00 in bonuses and severance owed to the employee. The former employer claimed that the employee violated his confidentiality and noncompetition covenants when he complained about new management in private emails to company founders, told them about software bugs and product information, helped one former co-worker design his logo for a new business, and helped another former co-worker update his website. After a three-day binding arbitration, the arbitrator found neither the "innocuous kvetching" in the emails, nor the "gratuitous" assistance to former co-workers amounted to a breach of the covenants. The arbitrator found in favor of the employee on his counterclaim for wages, and awarded him more than $400,000 in bonus, severance, penalty wages, interest and attorneys fees.

Successfully defended and settled claims for trademark infringement, designation of origin, and unfair competition.

Represented structural engineering firm against claims of professional negligence in design of high-rise building. Settled prior to trial.

Represented broker against claims for securities fraud. Settled prior to trial.

Represented promoter of cattle breeding program against claims for securities fraud. Settled after new trial granted as sanction following verdict for plaintiffs.

Represented PGE against claims of race discrimination by employee. Obtained defense judgment after court trial.

Represented employee against employer on claims of sex discrimination and retaliation. Settled prior to trial.

Represented utility company in a series of multi-million-dollar customer disputes over billing, compliance with rate schedule and electricity exchange program. Resolved prior to trial.

Defended small short-line railroad client in a nearly $1 million contract dispute against one of the largest railroad companies in the nation. After four-day jury trial, won total defense verdict.

Represented structural engineering firm against claims of negligence in design and supervision of construction of excavation wall for downtown office building. Obtained defense judgment following court trial.

Represented borrower against lender who improperly liquidated millions of shares of stock held as collateral for a loan. Settled after favorable arbitrator's award.

Represented plaintiff in enforcement of purchase and sale agreement for ownership interest in Oregon's largest dairy operation. The court sided with our client and awarded them requested damages in addition to 10% interest and reasonable attorneys' fees and costs.

Successfully represented Boyd Coffee Company in a wage and hour class action in Washington State. 

Represented Bruce Chevrolet in arbitration against General Motors regarding GM's cancellation of its dealer sales and service agreement. Our representation resulted in the execution of a new franchise agreement, allowing Bruce Chevrolet to continue as a GM dealership.

Represented former employee in claims for violations of confidentiality agreement and Trade Secrets Act. Following evidentiary hearing, court denied employer's request for injunction. Case settled.

Represented large Northwest law firm against $400 million claims for securities fraud, aider and abetter liability and professional malpractice in multiple law suits including class actions. Settled prior to trial.

Represented the U.S. when two environmental organizations brought suit challenging government biologists’ interpretation and analysis of climate change science relating to the ribbon seal. Federal Court in San Francisco granted the defendant's motion for summary judgment.

Represented widow to recover death benefits on life insurance policy in claim against insurer. Prevailed on appeal.

Represented unemployment insurance benefits applicant on petition for judicial review to the Oregon Court of Appeals and on remand to an Administrative Law Judge (ALJ). An ALJ had denied applicant benefits after a hearing and the Employment Appeals Board (EAB) affirmed without an opinion.  After receiving the pro bono referral from Legal Aid Services of Oregon, Dallas DeLuca filed the opening brief to the Court of Appeals and the EAB withdrew its opinion and remanded to the ALJ for further hearings. The ALJ again denied benefits, but the EAB reversed in a written opinion based on new evidence introduced at the second ALJ hearing. 

Representing an Oregon municipality in its suit against a global engineering firm.  The municipality commenced suit in state court, alleging that the engineering firm had breached its contracts with the municipality, and was professionally negligent.  The engineering firm removed the case to federal court.  We successfully obtained a remand to the trial court, based on the language of a venue clause in the parties’ contracts.  The engineering firm filed an interlocutory appeal in the Ninth Circuit Court of Appeals.  The interpretation of the venue clause was an issue of first impression in the Ninth Circuit.  In a published opinion, we obtained an affirmance of the remand order from the Ninth Circuit.  The Ninth Circuit sent the case back to state court in Linn County, Oregon, where it was originally commenced.  The litigation is currently ongoing. 

Represented the City of Albany against a wholly-owned subsidiary of PepsiCo, SVC Manufacturing. PepsiCo contracted to build a $250 million Gatorade and Propel manufacturing facility in Albany, but reneged on the deal. Markowitz Herbold filed a breach of contract suit on behalf of the City to establish PepsiCo's liability and sought liquidated and expectancy damages arising from lost jobs, water and sewer revenue, franchise fees, infrastructure grants and revenues, taxes and related losses. The City prevailed on multiple summary judgment and discovery motions, followed by a successful settlement exceeding $25 million.

Represented City in a breach of warranty matter involving a water filtration membrane system. Dispute successfully resolved short of litigation.

Represented the City of Albany against the manufacturer of equipment that was represented and warranted to virtually eliminate biosolids / sludge typically produced by wastewater treatment facilities.  The matter was settled through mediation, and without commencing litigation, for $4.75 million.

The firm represented the City of Beaverton in negotiating an unprecedented settlement with the owners of Stars Cabaret, an adult entertainment venue, relating to the sexual exploitation of a minor. The three-year settlement agreement requires the club to have a zero-tolerance policy regarding sex trafficking and prostitution.

Filed amicus brief on behalf of the League of Oregon Cities in support of a petition of certiorari challenging a recent Ninth Circuit opinion that declared anti-camping ordinances unconstitutional in certain circumstances. View motion here. 

Represented former professional NBA star in a federal court lawsuit against accounting firm for fraud and breach of fiduciary duty. Resolved by settlement.

Represented manufacturer of rock crushing equipment in claims for improper use of trade secrets, infringement of patent rights and breach of business acquisition agreements that included transfer of technology and patent rights. Obtained judgment for client following court trial.

Represented convertible equity members to enforce their rights to purchase a golf club and related facilities. Obtained temporary restraining order precluding increase in dues and injunctive relief requiring sale to members. Prevailed in court to mandate sale. Prevailed in arbitration to obtain multi-million dollar discount of sales price.

Represented plaintiff in claims for violations of Lanham Act and business disparagement. Settled prior to trial.

Represented shareholder of car dealership in claims for interference with dealer franchise agreements. Settled during trial.

Defended Colliers International Valuation in a matter involving alleged professional negligence and negligent misrepresentation regarding a real estate appraisal. The case resulted in complete victory for our client after winning two summary judgment motions.

Represented Columbia Helicopters in a case to enforce a contractual indemnity obligation involving the tragic death and maiming of 14 men when a helicopter operated by Carson Helicopters crashed in the Shasta National Forest during firefighting operations. We obtained a summary judgment ruling that required Carson to indemnify Columbia for defense costs associated with lawsuits arising from the crash.  Carson appealed the ruling on its indemnity obligation and the Ninth Circuit affirmed the District Court’s opinion.

Represented owner of downtown commercial properties in dispute with business partners over allocation of costs and expenses related to management and operation of properties. Resolved dispute with restructuring of ownership interests without litigation.

Represented sports equipment manufacturing company in accounting malpractice claim for $10 million to repay loss arising from auditor's failure to detect internal fraud in international subsidiary. Settled prior to filing.

Defended investment advisor against securities fraud claims for $57 million plus punitive damages. Successfully moved court to compel arbitration before the AAA. Tried case to judgment and prevailed on the merits of each claim. Obtained award against plaintiff for more than $1.7 million in costs and attorney's fees for the defendants.