Industry focus
I strive to give every client the personal attention and expertise their important legal matters deserve.
How I represent clients at Schwabe
I am a seasoned litigator with a focus on environmental concerns, insurance disputes, and real estate and development matters. My clients include businesses in the natural resources and real estate and construction industries. I have particular experience working with environmental claims, liabilities, and enforcement, insurance coverage, real estate transactions, commercial leases, construction and development projects, and local government permitting processes, including situations that involve property damage, contaminated property, landslides, wetlands, and other natural resources.
In my diverse practice, I prosecute and defend claims throughout Oregon and Washington. I regularly appear and advocate for my clients in state and federal trial courts, appeals, arbitrations, regulatory proceedings, and local government hearings. I have tried cases, appealed decisions, and defended administrative enforcement actions while working with experts and negotiating settlement agreements and transactions, including commercial leases, real estate purchase agreements, and other agreements with private parties, state and federal agencies, and local governments.
Experience
Environmental
- Persuaded EPA to withdraw its multi-million dollar CERCLA claim related to a toxic release from a building fire
- Negotiated a settlement that released the client from multi-million dollar claims related to hazardous substances released from a vessel
- Favorably settled claims for remedial action and response costs under CERCLA, ORS 465, and Washington’s Model Toxics Control Act (MTCA) for landowners and operators with environmental cleanup issues
- Favorably settled claims for trespass and nuisance contamination that had migrated onto the client’s property
- Negotiated a landowner’s commercial lease and development agreement worth over $30 million for property encumbered by historical groundwater contamination
- Obtained a no-further-action letter from the DEQ for a subdivision developer related to a former municipal garbage dump on the client’s property, and negotiated an agreement with a homeowners’ association for related issues
- Settled DEQ administrative enforcement actions with substantial discounts in assessed fines
- Provided environmental risk assessment and negotiation services for a client in a transaction that involved a loan of more than $29 million for the redevelopment of contaminated property
- Represented the buyers and sellers of contaminated property in purchase and sale transactions
Insurance
- Obtained a favorable settlement of $1 million to pay for remediation of a landslide
- Obtained $1.25 million settlement of a client’s insurance claims related to the cleanup of environmental contamination at multiple retail and bulk petroleum facilities
- Obtained summary judgment requiring insurer to defend the client against claims involving public nuisance, Clean Water Act, and solid waste violations, resulting in defense coverage and settlement payments from the insurer
- Favorably settled insurance claims for fire repairs and code upgrades at commercial buildings
- Obtained a significant settlement of claims by the former beneficiary of a life insurance policy based on wrongful termination of benefits
Real Estate & Construction
- Obtained a favorable settlement of over $500,000 for a landlord’s claims against a former tenant for indemnity, repair costs, and attorney fees pursuant to a commercial lease
- Successfully closed the purchase of a large agricultural property by the developer-client for a subdivision development, and negotiated a partnership agreement for the developer
- Obtained agreements to terminate an easement that encumbered the client’s commercial property
- Obtained a favorable settlement of over $800,000 for disputed claims by a construction company against the owner of multiple mobile home park improvement projects in two states
- Settled claims by a subcontractor against the construction company client for less than 10% of the subcontractor’s original demand
- Settled a six-figure claim by a subcontractor against the construction company client for less than $10,000
Land Use & Development
- Obtained a conditional use permit for commercial use in the city of Portland
- Obtained verification from a local government of the client’s right to continue agricultural activities at his property as a grandfathered nonconforming use after a change in local code
- Obtained local government approval of adjustments to development codes, which allowed a fire-damaged building on a nonconforming property to be repaired in its existing location
- Obtained local government approval for an outdoor advertising company client to maintain a nonconforming billboard at a historical location
Education
- Northwestern School of Law, Lewis & Clark College, Juris Doctor, cum laude; Certificate in Environmental and Natural Resources Law (2004); managing editor, Environmental Law journal (2003-04)
- Dartmouth College, Bachelor of Arts, philosophy, cum laude (1999)
Admissions
- Oregon State Courts
- Washington State Courts
- U.S. Court of Appeals - Ninth Circuit
- U.S. District Court - District of Oregon
Additional Publications
“Oregon Easement Case Law Update–Trends and Tactics,” CLE Presentation (2024)
“Landslide Law in Oregon: Theories of Liability, Leading Cases,” CLE presentation (2020)
Case Law Update, Environmental & Natural Resources Section of the Oregon Bar (2009)
Chapter 13, Employee and Community Right to Know Laws, Environmental Law (OSB Legal Publications 2005)
“What to Do When Construction Projects Go Bad, Pursuing Sureties and Insurance Rights,” CLE Materials (2005)
“Subrogation, Bad Faith Litigation, and Coverage Litigation,” CLE Materials (2004)
Services
Outside Interests
I enjoy whitewater kayaking, snowboarding, hiking, cycling, playing the saxophone, and exploring the world with my wife and kids
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