Tab is the Chair of the Litigation Department and represents individuals and businesses across diverse industries in a variety of civil litigation cases. Tab enjoys navigating complex legal disputes and working with his clients to identify creative and effective strategies to reach the best resolution for each particular case. Sometimes a client’s case can be won short of trial through motion practice. Other times, a case is best resolved through mediation or informal dispute resolution and negotiation. Tab has significant experience resolving problems through both of these strategies.

Additionally, Tab is a seasoned litigator with substantial trial and courtroom experience, and experience crafting effective, practical trial strategies. If the best resolution for a client’s case is a trial, Tab has the experience and insight that allow him to put the client’s best foot forward in a courtroom.

Tab has been selected by his peers as an Oregon Super Lawyers “Rising Star,” an honor that is reserved for only 2.5% of Oregon lawyers. He has also been selected for inclusion in the inaugural 2023 Best Lawyers: Ones to Watch list.

I am a hard-working and creative trial attorney.  I work collaboratively with my clients to formulate a goal, and I work tirelessly to execute that goal.

Commercial Litigation and Advice

  • Successfully defended corporate tech software client against class action claims arising from alleged violations of state and federal law.
  • Successfully represented corporate client in pre-litigation resolution of dispute involving alleged anti-trust violations, including alleged claims arising under the Sherman Antitrust Act, the Clayton Antitrust Act, and Oregon’s related antitrust laws and regulations.
  • First chair trial counsel successfully representing corporate client in bench trial against former accountant and financial manager for claims including breach of fiduciary duty, fraud, conversion, and unjust enrichment.
  • Represented professional athlete in arbitrated dispute related to alleged breaches of an agreement related to endorsement and promotional appearances.
  • Advised and guided companies through OSHA compliance and regulatory issues.
  • Successfully litigated and resolved case against clients (restaurant investors) involving alleged breaches of commercial real estate lease and personal guarantees.
  • Represented commercial real estate broker in litigation related to a breach of brokerage agreement, obtaining full commission owed to client under the agreement.
  • Won full summary judgment on behalf of client in breach of promissory note case.
  • Successfully defended construction contractor in lawsuit involving allegations of breach of contract, unlawful trade practices, and consumer fraud.
  • Advised businesses on rights and obligations under commercial lease agreements, supply agreements, and other contracts.

Employment, Trade Secret, and Confidential Information Litigation

  • Achieved a complete defense verdict following a 7-day federal jury trial, representing a corporate insurance brokerage client and a co-defendant employee. The lawsuit alleged violations of non-compete, non-solicit, and confidentiality provisions in the employment agreement, along with claims for tortious interference. The plaintiff, a competing insurance brokerage firm, sought damages exceeding $10,000,000.
  • Secured a favorable summary judgment for a corporate defendant in a case involving allegations of disability discrimination and harassment.
  • Successfully litigated disputes involving trade secrets, proprietary information, non-competition, and non-solicitation agreements.
  • Defended and prosecuted actions in state and federal court, including actions seeking emergency relief such as temporary restraining orders (TROs) and preliminary injunctions.
  • Obtained full dismissal of employment discrimination action brought against defendant employer based on allegations of race discrimination pursuant to ORS 659A.030 and constitutional violations under 42 USC 1983 and the First, Fifth, and Fourteenth Amendments to the United States Constitution.
  • Successfully defended defendant employer against claims of retaliatory discharge.

Creditor’s Rights/Bankruptcy

  • Successfully defended at trial Chapter 11 Plan Administrator’s objection to $1,000,000 proof of claim based on promissory note.
  • Represented clients in obtaining and enforcing judgments.
  • Represented clients in registering foreign judgments.
  • Represented clients in connection with disputes related to collections and actions on accounts.
  • Litigated bankruptcy adversary proceedings, including preference and fraudulent transfer claims.

Product Liability Litigation

  • Defended a personal injury claim for damages allegedly suffered as a result of a software malfunction on a piece of heavy machinery.  Won full indemnity on summary judgment against the third-party software designer and manufacturer, based on product liability and contract theories.
  • Obtained summary judgment on behalf of defendant client in a multi-million-dollar products liability case involving allegations of defective design and inadequate product warnings.
  • Defended personal injury claim arising from allegedly defective tool bag.
  • Defended personal injury claim arising from allegedly defective tool cart.
  • Defended property damage claim arising from allegedly defective dishwasher.
  • Defended several toxic tort claims related to alleged asbestos exposure.

Product Recall Advice

  • Advised businesses regarding compliance with the Consumer Protection Safety Act (CPSA).
  • Advised businesses regarding interfacing and communication with the Consumer Protection Safety Commission (CPSC).
  • Advised business regarding preparing and filing Section 15(b) reports with the CPSC related to product recalls.
  • Advised businesses regarding continued compliance with Corrective Action Plan (CAP) approved by the CPSC.

Railroad Litigation

  • Successfully defended various railroad defendants in over 100 litigated cases including, but not limited to, cases involving allegations of negligence under the Federal Employers Liability Act (FELA) and strict liability the Federal Safety Appliance Act (SAA) and Locomotive Inspection Act (LIA).
  • Obtained a favorable verdict on behalf of railroad defendant in a 3-week complex trial involving allegations of negligence under the Federal Employers Liability Act (FELA) and strict liability under the Federal Railroad Safety Act (FRSA) related to walkway ballast.
  • Obtained a favorable verdict on behalf of railroad defendant in a 3-week complex injury trial involving allegations of negligence under the FELA and strict liability under the SAA related to an allegedly defective pin lifter and coupler assembly on a railcar.
  • Obtained dismissal for railroad defendant in toxic tort case based on lack of personal jurisdiction pursuant to Daimler AG v. Bauman.
  • Successfully defended railroad defendants in several third-party crossing accident cases involving allegations of inadequate railroad crossing design, negligent crew conduct, and inadequate warnings.

Real Estate Advice and Litigation

  • Successfully secured the dismissal of a condemnation action initiated by TriMet, a governmental entity, against our corporate client, a national bank.
  • Litigation of condemnation/eminent domain matters on behalf of corporate clients.
  • Litigation of partition, easement, and neighbor disputes.
  • Litigation of disputes involving commercial real estate agents and brokers.
  • Advice and counsel to real estate agents facing regulatory action from licensing authorities.

General Litigation

  • Obtained summary judgment on behalf of defendant client, a restaurant, in a personal injury action based on premises liability allegations.
  • Obtained favorable settlement for client in a maritime personal injury action against owners of a recreational vessel.
  • Defended utility companies and manufacturers in workplace injury claims brought under the Employers Liability Act (ELA).
  • Defended utility company in personal injury actions related to electrical shock.

  • Changes in Practice and Law Firm Management – Are There Regional Differences? Mackrell International America’s Regional Meeting, Las Vegas, Nevada (2023)
  • National Business Institute (2023), Oregon Civil Trial Skills 
  • ABA TIPS Section Conference, Handling the Business Emergency – Temporary Restraining Orders and Preliminary Injunctions (2022)
  • Litigation and The Internet of Things (IoT) – (2019)

Tab has been actively involved with the Campaign for Equal Justice, which helps to ensure equal access to the law to all Oregonians. Tab is also a member of the Multnomah County Bar Association and the National Association of Railroad Trial Counsel.

PERSONAL INTERESTS

Outside of the office, I enjoy spending time with friends and family. My wife Abby and I are proud (and busy!) parents to William, Freddy, and twin girls Nell and Jane, and our family dog Jack.