Keil M. Mueller

REPRESENTATIVE CASES:

Securities/Fraud:

• Currently represents the State of Oregon as lead plaintiff in a securities fraud class action lawsuit against The Bank of New York Mellon.
• Represented the Oregon State Treasurer and the Oregon College Savings Plan in litigation against Oppenheimer Funds for Oregon Securities Law violations arising out of losses to the college savings accounts invested through the Plan.  Recovered in excess of $20 million on behalf of the Plan after successfully obtaining an order of remand to state court following Oppenheimer's removal of the case to federal court.
• Represented the Oregon Public Employees Retirement Fund (OPERF) in securities fraud litigation against AIG, which resulted in an $8 million settlement on behalf of OPERF.  Prior to settlement, successfully obtained an order of remand to state court after AIG removed to federal court, and subsequently defeated AIG's motion to dismiss OPERF's claims on constitutional and other grounds.
• Currently represents OPERF in securities fraud litigation against Countrywide.

Breach of Contract/Covenant of Good Faith:

• Represented a company that owns and operates 18 retail gas stations in Oregon and Southwest Washington in a five-day arbitration hearing of a breach of contract claim against the wholesaler who supplied the company with gasoline in a matter with potentially $5 million or more at stake over the remaining life of the supply contract.
• Defended a sport memorabilia manufacturer in federal court litigation concerning claims of breach of contract, trade libel, and intentional interference with economic relations.
• Represented a sportswear company in litigation against a supplier who provided defective components.
• Defended the United States Golf Association in action brought by an amateur golfer alleging breach of contract, breach of duty of good faith and fair dealing, and statutory violations arising out of the USGA's decision to rescind the golfer's amateur status.  Successfully defeated plaintiff's motion for temporary restraining order and motion for a preliminary injunction, after which plaintiff eventually dismissed his claims with prejudice.
• Represented a technology consulting company in a dispute with the City of Portland arising out of a major software integration and implementation project.
• Currently represents former distributor in breach of contract in Oregon state court arising out of the termination without cause of a distribution agreement.

Broker/Dealer Claims:

• Represents, and has obtained favorable settlements on behalf of, individual and institutional investors in actions before FINRA against investment advisors, brokers and broker/dealers. 
• Represents select investment advisors, brokers and broker/dealers in FINRA actions brought by investors.

Franchise Law:

Defended a franchisor in a three-week arbitration brought by franchisee who alleged breach of the Oregon Franchise Act, fraud, breach of contract, violation of Oregon's Unlawful Trade Practices Act, and related claims.

Employment Class Action:

Represents drivers for a major multinational delivery company in action seeking class-wide recovery for the company's misclassification of the drivers as independent contractors, rather than employees.

Shareholder and Partnership Disputes:

Represented shareholders and partners in disputes of various size concerning business such as a private equity management firm, a law firm, and a real estate business.

Trade Secrets/Duty of Loyalty:
Represented a sportswear company in litigation against a former employee and a competitor concerning claims for theft of trade secrets and breach of the duty of loyalty.

Non-Competition/Non-Solicitation:
Obtained a settlement on behalf of a national broker/dealer in an action against former brokers and their new employer for violation of non-competition and non-solicitation agreements and theft of trade secrets.

Appellate:
Prepared and submitted to the Oregon Supreme Court an amicus curiae brief on behalf of the Oregon Trial Lawyers Association in Malan v. Tipton, 349 Or. 638, 247 P.3d 1223 (2011).