Cody Berne is an advocate for his clients in cases large and small. He is prepared to go to trial if that is what the case requires. Cody has been first chair at over 40 trials. He leads Stoll Berne’s team in the class action lawsuit against PacifiCorp for starting fires across Oregon during the Labor Day 2020 storm. He was co-lead trial counsel in an 8-week trial where the jury found PacifiCorp liable to a class of several thousand people for gross negligence, punitive damages, and other claims. The jury awarded on average approximately $5 million to each of the 17-named plaintiffs. He was also co-lead trial counsel in the first and second damages-only jury trials on behalf of 19 more class members. The juries awarded several million dollars per person. The trials and litigation, including the work by Cody and his colleagues at Stoll Berne, have been featured in national and local news, including NPR, the Washington Post, Oregonlive, the New York Times, Bloomberg, Reuters, and the AP.

Along with representing wildfire survivors and their families, Cody advises investors who lost money because of fraud and other misconduct and plaintiffs in class actions. His class action experience includes securities, consumer, ERISA, food labeling, and fire cases. Cody’s practice also includes commercial and complex litigation.

He is an active member of the Oregon Trial Lawyers Association. Cody previously worked as a deputy district attorney at the Multnomah County District Attorney’s Office. Before that, Cody represented individuals and businesses in cases involving investment fraud and a wide range of business disputes at a large Northwest firm.

He received the Haglund Award in 2016 from the Multnomah Bar Association. He was selected as a Future Star in Benchmark Litigation and also named in The Best Lawyers in America and Oregon Super Lawyers.

During law school, Cody interned for U.S. District Court Judge Kimberly Mueller and U.S. Magistrate Judge Carolyn Delaney. Elected to Order of the Coif, he received the Clinical Legal Education Association Award and a Witkin Award. Cody also represented clients as a law student at the Civil Rights Clinic and Prison Law Clinic and earned a Public Service Certificate.

Before law school, Cody served as a police officer with the Portland Police Bureau and as a wildland firefighter across the West.


Investor Blog

UC Davis School of Law, J.D., Order of the Coif, 2014

Pomona College, B.A., Politics, 2003

Oregon State Bar, 2014

U.S. District Court, Oregon

U.S. Court of Appeals, Ninth Circuit

Stoll Berne
Shareholder, 2022-present
Associate, 2017-2022

Multnomah County District Attorney
Deputy District Attorney, 2016-2017

Miller Nash Graham & Dunn LLP
Associate, 2014-2016

Hon. Kimberly Mueller (U.S. District Court, Eastern District of California)
Intern, 2012

Hon. Carolyn Delaney (U.S. District Court, Eastern District of California)
Intern, 2012

Portland Police Bureau
Police Officer, 2005-2011

Diamond Mountain Interagency Hotshots
Wildland Firefighter, 2004

FINRA
Arbitrator, 2020-present

Legal Aid Services of Oregon
Volunteer, Domestic Violence Project, 2015-2016

National Futures Association (NFA)
Arbitrator, 2021-present

Oregon State Bar
Antitrust Section, Member, 2019-present
Elder Law Section, Member, 2022-present
Securities Regulation Section, Member, 2017-present; Executive Committee, 2021-present

Oregon Trial Lawyers Association
Business Litigation Section, Co-Chair, 2021-present
Consumer Law Section Member, 2018-present
Legislative Committee Member, 2020-present

Public Investors Advocate Bar Association (PIABA)
Past Member

Rule Advisory Committee, Oregon Division of Financial Regulation
Member, 2022

Investor Blog,” Stoll Berne, 2020-present

Motions in Large Trials,” co-author, Trial Lawyer Magazine, Winter 2024

Clients Who Rely on Third Parties Risk Waiving Attorney-Client Privilege,” author, Oregon State Bar Litigation Journal, Summer 2021

“Costs, Disbursements, and Attorney Fees,” author, Oregon Civil Pleading and Litigation, 2020

“After the Supreme Court’s Decision in China Agritech, a Plaintiff Who Seeks to Represent a Class Should Not Wait to File,” Oregon State Bar Litigation Journal, Summer 2020

“Common Claims of Oregon Investors Who Are the Victims of Fraud or Other Financial Misconduct,” Stoll Berne, January 2019

“Contracts for the Sale of Goods,” co-author, OSB Legal Publications CLE, Damages, 2016

“Don’t Take Your Guns to Town,” Oregon State Bar Bulletin, October 2015

“Liabilities under State Statutory and Common Law: Blue Sky Laws,” 2014 Broker-Dealer Litigation Annual Survey, Securities Litigation Committee of the America Bar Association

“Trial Skills, Framing Your Case,” Lewis & Clark Law School Trial Advocacy Course (November 2023)

“Getting a Big Victory Against PacifiCorp,” Trial Lawyers University (August 2023)

James et al v. PacifiCorp et al – Lessons from Phase 1 Trial,” Oregon Trial Lawyers Association (August 2023)

“Investment Deals and Investor Litigation: A Conversation Between a Business Lawyer and a Litigator About Practicing Securities Law,” Multnomah Bar Association (March 2023)

“Red Flags in Investor Deals and for the Investors in Them,” Oregon State Bar Securities Regulation Section (December 2022)

“One Defendant, Two Cases:  A Guide to Consumer Class Action Litigation Through a State and Federal Case Against Ruby Receptionists,” Oregon Trial Lawyers Association Consumer Protection Section (February 2022)

“How DMMs Can Help Clients and Lawyers Successfully Prosecute an Investor Fraud Case,” American Association of Daily Money Managers (October 2021)

“How Plaintiff’s Lawyers Evaluate an Investor Fraud Case,” Deschutes County Bar Association CLE, Bend, Oregon (March 2019)

Practice Areas

Antitrust Litigation

We represent United States and international companies and consumers in all aspects of antitrust litigation, including, price-fixing, customer allocation, market division, price discrimination, and unfair or deceptive trade practices.

Business Litigation

From everyday contract disputes to bet-the-company litigation, our litigation team works to understand each party's priorities and to create a solution that best serves you.

Class Actions

As Oregon's leading plaintiffs'-side class actions firm, we help our clients to level the playing field and find justice. We have earned our reputation and work hard for our clients.

Employment

From wage and hour class actions to advising employers and employees on noncompetition and severance issues, our lawyers handle many aspects of employment law.

Internal Investigations

We specialize in complex independent investigations of public bodies and private companies. Our deep experience representing both plaintiffs and defendants enables us to approach investigations without bias.

Investor Lawsuits and Arbitrations

Stoll Berne is Oregon's premier securities litigation firm. We have represented as many or more investors in securities cases than any other firm in Oregon, and have recovered hundreds of millions of dollars for our clients.

Lawyer, Accountant & Professional Malpractice

We represent clients in disputes with attorneys, accountants, auditors, insurance brokers, stock brokers, real estate professionals, and many other professionals.

Real Estate

We represent real estate developers, investors, and financial institutions with real estate matters from purchase and sale, construction and financing, to commercial leasing and development, and tax matters.

Securities Compliance & Defense

We represent a number of select national, regional, and local securities broker-dealers and brokers in disputes with customers, with other broker-dealers, and before regulators.

Securities Litigation

Stoll Berne is Oregon's premier securities litigation firm. We have represented as many or more investors in securities and financial advisor fraud cases than any other firm in Oregon and have recovered hundreds of millions of dollars for our clients.

Trust & Estate Litigation

We represent clients involved in trust and estate litigation in a wide range of disputes including self-dealing and mismanagement of assets, business dealings and investment strategies, undue influence and lack of capacity, and accountings.

Wildfire Litigation

Our attorneys are here to advocate on your behalf and hold those responsible who cause or contribute to wildfires. We have years of experience advocating on behalf of fire victims, survivors, and their families in Oregon and other states.

Representative Cases

Quiet Title Action

Cody Berne and Andy Davis represented a mortgage lending company in a quiet title action filed in Jackson County Circuit Court. The plaintiffs sought to quiet title in a residential property located in Medford, Oregon, and named the mortgage lending company in the lawsuit, even though the company had no interest in the property.

Wire Fraud in Connection with Contract for the Sale of Goods and Funds Transfers

Cody Berne represented a foreign corporation in a dispute involving goods that were manufactured for use in the energy industry. A third-party allegedly hacked into the email system of a parts manufacturer and redirected a payment for a specially manufactured part.

Book of Business Sale

Stoll Berne attorney Cody Berne represented a Registered Investment Adviser (RIA) and an Investment Adviser Representative (IAR) in a dispute about the sale of a book of business and an RIA.

ESOP Shareholder Inspection Lawsuit

Stoll Berne represented participants in an Employee Stock Ownership Plan (ESOP) in a shareholder inspection lawsuit.

Investors Investment Recovery

Cody Berne and Josh Ross represented Southern Oregon investors who were seeking to recover their investments in a privately held consumer products company.

Receptionist Services Suit

Keith Dubanevich, Cody Berne, and their co-counsel represented a certified class of thousands of current and former customers of Ruby Receptionists, Inc. in McKenzie Law Firm P.A. et al. v. Ruby Receptionists, Inc., Case No. 3:18-cv-01921-SI (D. Or.).

Confidential Product and Design Subpoenas

Represented an Oregon-based manufacturer that was served with multiple third-party subpoenas sent by competitors.

Public Entity Competition

Rob Shlachter and Cody Berne advised a logistics and shipping company about legal issues arising in connection with possible competition by a public entity.

Title Company Trade Secret Dispute

Stoll Berne attorney Cody Berne represented a title company in a trade secret dispute involving allegations of theft of confidential records.

$84 Million Award After Jury Trial to Nine Victims of Labor Day 2020 Fires in First PacifiCorp Damages-Only Trial

A jury in Portland, Oregon awarded approximately $62 million in compensation to be paid by PacifiCorp to nine survivors of the fires that swept across Oregon during the Labor Day 2020 storm. We were co-lead counsel for the plaintiffs at the trial.

James et al. v. PacifiCorp et al.

This case is a certified issues class action arising from the 2020 Labor Day fires in Oregon. Former Oregon Governor Kate Brown described the fires as possibly the greatest loss of life and property from wildfire in Oregon’s history.

Maui, Hawai’i Fire

During a forecasted windstorm, when the fire danger was extreme, the power company on Maui left its power lines energized. The power lines ignited several fires and caused massive devastation to Lahaina and other communities.

Class Action Lawsuit Filed Against PacifiCorp and Pacific Power for Recent Oregon Fires

n September 30, 2020, Keller Rohrback L.L.P., Stoll Berne, and Nick Kahl, LLC, three Pacific Northwest law firms with decades of combined environmental law experience, filed a class action lawsuit against PacifiCorp and Pacific Power for the catastrophic damage to homes, businesses, and entire communities allegedly caused by the companies’ power lines and other equipment around Labor Day 2020.

Stoll Berne Investigating Claims Against Wink

Stoll Berne is investigating claims on behalf of customers who bought smart home hubs, products, and devices made by Wink, aka Wink Labs, Inc. in Oregon.

Receptionist Services Suit

Keith Dubanevich, Cody Berne, and their co-counsel represented a certified class of thousands of current and former customers of Ruby Receptionists, Inc. in McKenzie Law Firm P.A. et al. v. Ruby Receptionists, Inc., Case No. 3:18-cv-01921-SI (D. Or.).

Securities Class Action

Stoll Berne attorney Cody Berne represented a publicly traded company that provided human resources services and workers compensation coverage to businesses across the country in a federal court class action for securities fraud, a state court shareholder derivative suit, and an investigation by the SEC.

Maui Fire Assistance

Welcome to Stoll Berne, where empathy and unwavering support guide our mission. We understand the profound pain and devastation that wildfires on Maui have brought upon families, businesses, and communities. Our law firm is dedicated to standing by your side, providing solace, and pursuing justice for those who have lost loved ones, homes, and livelihoods in these tragic events.

Stoll Berne Is Investigating the Use of Turnkey Asset Management Programs (TAMP) by Investment Advisers

Stoll Berne is investigating the use of Turnkey Asset Management Programs, often called TAMPs.  We are interested in speaking with investors whose adviser or broker-dealer is using a TAMP as part of managing the investor’s account. 

Class Action Lawsuit Filed Against PacifiCorp and Pacific Power for Recent Oregon Fires

n September 30, 2020, Keller Rohrback L.L.P., Stoll Berne, and Nick Kahl, LLC, three Pacific Northwest law firms with decades of combined environmental law experience, filed a class action lawsuit against PacifiCorp and Pacific Power for the catastrophic damage to homes, businesses, and entire communities allegedly caused by the companies’ power lines and other equipment around Labor Day 2020.

Stoll Berne Investigating Claims Against Wink

Stoll Berne is investigating claims on behalf of customers who bought smart home hubs, products, and devices made by Wink, aka Wink Labs, Inc. in Oregon.

Community College Employment and Discrimination

Stoll Berne attorney Cody Berne represented a community college in an employment and disability discrimination lawsuit brought by a former instructor.

Confidential Product and Design Subpoenas

Represented an Oregon-based manufacturer that was served with multiple third-party subpoenas sent by competitors.

Title Company Trade Secret Dispute

Stoll Berne attorney Cody Berne represented a title company in a trade secret dispute involving allegations of theft of confidential records.

Stoll Berne Is Investigating the Use of Turnkey Asset Management Programs (TAMP) by Investment Advisers

Stoll Berne is investigating the use of Turnkey Asset Management Programs, often called TAMPs.  We are interested in speaking with investors whose adviser or broker-dealer is using a TAMP as part of managing the investor’s account. 

Claims by Retirees Against Investment Advisers

Cody Berne represented a retired couple with claims against a Registered Investment Adviser and Investment Adviser Representatives arising from losses in managed retirement accounts caused by the advisers’ unsuitable trading strategy.

Individual Investor Action

Cody Berne represented an individual investor whose investment advisor disregarded the client’s investment objectives and put the client’s retirement savings in a high fee, poor performing portfolio of stocks.

Alternative Investment FINRA Action

Cody Berne represented an elderly, retired investor in a FINRA proceeding to recover money lost in an unsuitable alternative investment.

Investors Investment Recovery

Cody Berne and Josh Ross represented Southern Oregon investors who were seeking to recover their investments in a privately held consumer products company.

Retirement Savings Recovery

Cody Berne recovered retirement savings on behalf of an individual investor from an out of state real estate investment fund. The fund had violated the Oregon securities laws in selling membership interests and wrongfully withheld the investor's funds in violation of Oregon's financial elder abuse laws.

Quiet Title Action

Cody Berne and Andy Davis represented a mortgage lending company in a quiet title action filed in Jackson County Circuit Court. The plaintiffs sought to quiet title in a residential property located in Medford, Oregon, and named the mortgage lending company in the lawsuit, even though the company had no interest in the property.

Book of Business Sale

Stoll Berne attorney Cody Berne represented a Registered Investment Adviser (RIA) and an Investment Adviser Representative (IAR) in a dispute about the sale of a book of business and an RIA.

ESOP Shareholder Inspection Lawsuit

Stoll Berne represented participants in an Employee Stock Ownership Plan (ESOP) in a shareholder inspection lawsuit.

Securities Class Action

Stoll Berne attorney Cody Berne represented a publicly traded company that provided human resources services and workers compensation coverage to businesses across the country in a federal court class action for securities fraud, a state court shareholder derivative suit, and an investigation by the SEC.

Hedge Fund Investors

In seeking to hold an Oregon-based hedge fund (and entities that participated and materially aided in securities sales by the hedge fund) liable for millions in investor loses, Stoll Berne attorney Cody Berne filed a lawsuit in state court on behalf of investors alleging securities fraud and elder abuse claims.

$84 Million Award After Jury Trial to Nine Victims of Labor Day 2020 Fires in First PacifiCorp Damages-Only Trial

A jury in Portland, Oregon awarded approximately $62 million in compensation to be paid by PacifiCorp to nine survivors of the fires that swept across Oregon during the Labor Day 2020 storm. We were co-lead counsel for the plaintiffs at the trial.

James et al. v. PacifiCorp et al.

This case is a certified issues class action arising from the 2020 Labor Day fires in Oregon. Former Oregon Governor Kate Brown described the fires as possibly the greatest loss of life and property from wildfire in Oregon’s history.

Maui, Hawai’i Fire

During a forecasted windstorm, when the fire danger was extreme, the power company on Maui left its power lines energized. The power lines ignited several fires and caused massive devastation to Lahaina and other communities.

Articles

Winter 2024 – “Motions in Large Trials,” Trial Lawyer Magazine

Stoll Berne attorneys Emily Johnson and Cody Berne wrote about motion practices during long trials in state court. The article, "Motions in Large Trials," discusses topics such as discovery issues and sanctions, pretrial evidentiary rulings, trial motions, preparing as a team, staying organized, as well as additional tips. 

Summer 2021 – “Clients Who Rely on Third Parties Risk Waiving Attorney-Client Privilege,” Oregon State Bar Litigation Journal

Stoll Berne attorney Cody Berne wrote an article for the Oregon State Bar’s Litigation Journal, Summer 2021 edition.

Summer 2020 – “After the Supreme Court’s Decision in China Agritech, a Plaintiff Who Seeks to Represent a Class Should Not Wait to File,” Oregon State Bar Litigation Journal

Stoll Berne attorney Cody Berne authored an article in the Summer 2020 edition of the Oregon State Bar Litigation Journal.

January 2019 – “Common Claims of Oregon Investors Who Are the Victims of Fraud or Other Financial Misconduct,” Cody Berne, Stoll Berne

By Cody Berne With a years-long bull market possibly coming to an end, now is an important time to take a close look at your investments. Over the years, we […]

October 2015 – “Don’t Take Your Guns to Town,” Oregon State Bar Bulletin

Stoll Berne attorney Cody Berne authored an article in the October 2015 edition of the Oregon State Bar Bulletin.

News

CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2023

Cody Berne, Keith Ketterling, Timothy DeJong, and Emily Johnson amongst other co-counsel lawyers rank #1 for their impressive verdicts. Stoll Berne made the Courtroom View Network’s Top 10 Most Impressive […]

Jury Awards Labor Day 2020 Fire Victims Another $42.4 Million in Damages Against PacifiCorp

A third jury in Portland, Oregon has awarded more than $42 million in compensation to ten survivors of the wildfires on Labor Day 2020. The total award to the ten plaintiffs is $42,412,119.00, consisting of $5.933 million in economic damages (which are doubled) and $23.25 million in non-economic damages, both of which are increased by 25% for punitive damages.

Portland Jury Awards $85 Million Judgment to 9 Victims of Labor Day 2020 Fires in First PacifiCorp Damage Phase Trials

A jury in Portland, Oregon awarded $85 million in compensation from PacifiCorp to nine survivors of the fires that swept across Oregon on Labor Day 2020. The verdict, which consisted of more than $6 million in economic and $56 million in non-economic damages, translates to an award of more than $85 million after the doubling of economic damages and the addition of punitive damages of 25% that are automatically applied given the jury’s verdict in the first phase of the case.

Stoll Berne Attorneys Rank in The Best Lawyers in America 2024

Stoll Berne is excited to announce that fifteen of our attorneys were recently selected by their peers for inclusion in The Best Lawyers in America 2024® in 18 different categories.

Oregon Super Lawyers 2023 Recognizes Stoll Berne Lawyers

Ten individual Stoll Berne attorneys have been recognized by Super Lawyers Magazine in their 2023 Oregon Super Lawyers edition.

Town Hall: Seeking Justice for the 2020 Labor Day Fires

Stoll Berne attorney Cody Berne will be speaking, along with other members of the Lead Counsel team, on the 2020 Labor Day Fires lawsuit against PacifiCorp. They will discuss what the decision means and what comes next. Admission is free.

Cody Berne Leads Trial Team to Massive Victory in Landmark PacifiCorp Wildfires Class Action Trial

After a two-month trial, a Multnomah County jury returned verdicts for the plaintiffs in the class action case James v. PacifiCorp, No. 20CV33885. Stoll Berne was co-lead counsel for the class of victims of four wildfires: the Santiam Canyon fire, Echo Mountain Complex fire, South Obenchain fire and 242 fire. 

Cody Berne Quoted in OPB Article re Oregon Wildfires Case Against PacifiCorp

Cody Berne was quoted in the June 7, 2023, Oregon Public Broadcasting (OPB) article, "Jury begins deliberations in 2020 Labor Day wildfire lawsuit against PacifiCorp."

Cody Berne Presents at Multnomah Bar Association CLE – March 14, 2023

Stoll Berne attorney Cody Berne presented at a Multnomah Bar Association CLE on March 14, 2023. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, presented on Investment Deals and Investor Litigation, A Conversation Between a Business Lawyer and a Litigator About Practicing Securities Law, from Noon-1:00 p.m. To learn more about the event, please visit the Multnomah Bar Association’s registration page.

Cody Berne Presents at OSB Securities Regulation Section CLE – December 8, 2022

Stoll Berne attorney Cody Berne presented at the Oregon State Bar Securities Regulation Section CLE on December 8, 2022, via Zoom. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, presented on Investment Red Flags from Noon-1:00 p.m.

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Awards

Benchmark Litigation
2023-2024, Future Star

Multnomah Bar Association
Haglund Award, 2016

Oregon Super Lawyers
2023, Rising Stars

The Best Lawyers in America®
2020-2024

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