Representative Cases:

Securities Fraud:
Tim was lead counsel in an action against American International Group, Inc. arising out of a massive restatement of the defendant's financial statements. The case recently settled for $8 million.

Surety/Letter of Credit:
Representing surety who provided $3 million letter of credit in connection with the construction of railcars for TriMet's WES Commuter Rail service.  Obtained ruling on summary judgment that surety was discharged from its obligations and judgment against TriMet for $3.1 million.

Intellectual Property and Trade Secrets:
Representing plaintiffs in suit for trademark and trade dress infringement relating to art markers.

Representing licensor in suit for breach of license agreement.

Represented Columbia Sportswear Co. in a lawsuit against Crocs, Inc., after Columbia learned that Crocs had paid a Columbia shoe designer to design shoes for Crocs.  The lawsuit for assisting the employee's breach of his duty of loyalty and misappropriation of trade secrets was resolved by settlement.

Represented patentee in infringement litigation involving patented electronic cord reel management and security system for retail displays, such as digital cameras. Obtained summary judgment of infringement.  Case settled one week prior to trial, with consent judgment and stipulated permanent injunction against further infringement.

Represented defendants accused of misappropriating trade secrets.

Represented patent owner in infringement litigation involving assisted-opening folding knives.

Negotiated license agreements with major firearms and ammunition manufacturers after two-year infringement litigation against market leaders. Obtained summary judgment of infringement and other favorable rulings before reaching settlement on the eve of trial.

Construction Defect: Obtained $3.9 million judgment against foundation subcontractor in "sinking building" case. The matter involved complex geotechnical issues. Following judgment, successfully pursued contractor's excess insurance carrier.

Employment: Represents businesses in connection with disputes arising out of non-compete and non-solicitation agreements signed by former employees.

Securities Class Actions: One of the lead attorneys for investors in securities class action against the officers and directors of Southern Pacific Funding Corp., its parent corporation and its auditor for improper “gain-on-sale” accounting for residual securities, total recovery of approximately $20 million.

Represented investors in securities class action against Louisiana-Pacific Corp. relating to the company’s misrepresentations regarding its defective oriented-strand-board siding product. Total recovery of more than $65 million.

Represented investors in securities class action against Assisted Living Concepts, Inc. and its auditor involving a major restatement of the company’s financial statements, total recovery of more than $40 million.

ERISA:
Represented a defendant in the In re Capital Consultants litigation arising out of the collapse of a major pension fund advisor, assisting in the negotiation of a coordinated settlement involving dozens of parties and total settlement payments in excess of $100 million.

One of the lead attorneys representing the former employees of Code-A-Phone Corp. in an action to recover ERISA funds as a result of a “poison pill” triggered in the course of a hostile takeover.

Breach of Fiduciary Duty: Retained as special litigation counsel to the trustee in bankruptcy of WCI Cable, Inc., to pursue litigation claims against former officers, directors and advisors for causing the company to build an undersea telecommunications system between Alaska and Oregon in disregard of negative feasibility studies.

Broker/Dealer Claims: Represented numerous individual investors relating to losses in their investment accounts as a result of broker misconduct.

Business Litigation: Obtained dismissal of shareholder defendants sued on an “alter ego” theory for the debts of a failed Laotian timber products company.