Jeremy D. Sacks

Experience

Jeremy Sacks is a partner in the Litigation Practice Group, chair of the firm's Energy Litigation Initiative, and chair of the Portland office Trial group. His practice focuses on complex litigation in a variety of businesses, including the energy industry. He has experience litigating business torts, contract disputes, securities fraud, False Claims Act issues, shareholder disputes, class actions, licensing disputes, and antitrust claims. Jeremy also has substantial experience conducting internal corporate investigations and handling export and import matters. He has represented individual and corporate clients, both regional and national, in a variety of private, state and federal forums.

Jeremy was a litigator at the Washington, D.C., office of Fried, Frank, Harris, Shriver & Jacobson from 1994 to 1998. During 1993-1994, Jeremy was a staff volunteer at the NAFTA Office of the Executive Office of the President and an intern at the Office of the Deputy United States Trade Representative.

Representative Work

Complex Commercial Litigation

• Pioneer Americas LLC v. Saguaro Power Co., et al. Represented Saguaro, an electrical power producer, in a dispute with its steam host, Pioneer. Pioneer alleged breach of the Site Services Agreement ("SSA") under which it sells hydrogen to Saguaro; Saguaro filed counterclaims. The parties participated in four rounds of mediation and reached agreement on a number of business items in addition to settling the claims at issue in the suit.
• ESCO Corp. v. Bradken Resources Pty Ltd. Obtained Final Award in ESCO Corporation's favor in an ICC arbitration between ESCO and its long-term Australian licensee, Bradken Resources. The Final Award granted ESCO's request for a declaration confirming that the parties' long-term licensing and distribution agreement would expire in June 2011, rejected all of Bradken's claims, including claims seeking treble damages (totaling nearly US$2 billion) under U.S. antitrust laws, and concluded that the contractual restrictions on Bradken's competitive activities and post-termination use of ESCO's technology were enforceable. The Arbitrator awarded ESCO nearly US$8 million in fees and costs.
• U.S. ex rel. Schaferkotter. Obtained favorable settlement for maritime navigation and electronics provider in suit brought in the Western District of Washington alleging that sales to U.S. government buyers violated the Trade Agreements Act and Buy American Act, and hence the Civil False Claims Act. Representation involved extensive internal investigation as well as negotiation with U.S. government and with qui tam plaintiff.
• Johnson v. Camp Automotive, Inc. and Lithia Motors, Inc. Obtained judgment in favor of defendants in putative class action suit alleging violations of Washington's business and occupation tax law and the Washington Consumer Protection Act. Defendants prevailed on appeal in Division III of the Washington Court of Appeals, which entered an order directing judgment in favor of the defendants on these two statutory claims.
• Akers, et al. v. United States, et al. Obtained summary judgment in favor of well-known government contractor defendant in suit alleging state statutory employment law, tort, fraud and contract claims instituted by a large group of construction worker plaintiffs at the U.S. Army's Umatilla Chemical Agent Disposal Facility. Defense of client in the District of Oregon involved documentary and deposition discovery nationwide, as well as complex immunity defenses.
• Pisano v. House of Blues Brands Corp. Obtained favorable settlement for rights holder of well-known entertainment icon in arbitration stemming from alleged breach of licensing agreement by licensee. Representation also included successfully defending related action in the Central District of California allowing arbitration to proceed under the terms of the license agreement.
• International Garden Products, Inc. v. Langeveld International Holdings, Inc. After a seven-day AAA arbitration, obtained award substantially in favor of seller of business in dispute over value of bulb company sold pursuant to a stock purchase agreement. Representation included affirmative claims for breach of SPA as well as defense of counterclaims for breach of contract and fraud.
• Joshmo LLC v. Excellon Acquisition LLC. Obtained JAMS arbitration award in favor of client on breach of contract claims against former business associates. Case involved rights and duties under real estate investment contract entered into by the parties, which the defendant company breached by withholding significant sums from client.
• Beaver Creek Cooperative Telephone Co. v. Clackamas County. Settled on favorable terms client's franchise claims against county arising under the Federal Cable Communications Act. Representation involved substantial motions practice in the District of Oregon.
• Abbott v. Good Shepherd Medical Center. Obtained favorable settlement for medical center in a suit brought in the District of Oregon by a disgruntled physician alleging misappropriation and emotional distress; plaintiffs' claims grew out of a U.S. government investigation involving allegation of Civil False Claims Act violations. Representation involved extensive motions practice, expert work, dismissal of state RICO claims on a motion to dismiss and dismissal of identity theft and trade secret claims on partial summary judgment.
• American Industries, Inc., et al. v. Imaging Technologies Corp., et al. Second-chaired trial team in Multnomah County Circuit Court that obtained jury verdict finding individual officer and director and corporate clients not liable for securities fraud in connection with private placement of high-technology company's securities.
• Behfarin, et al. v. Imaging Technologies Corp., et al. Second-chaired securities fraud class action defense of high-technology company and its officers and directors in the Southern District of California. Obtained settlement of claims.
• Renton v. Kaiser Foundation Health Plan, Inc., et al. ERISA class action against numerous entities participating in Kaiser Permanente health system settled on favorable basis after defense team - in which Stoel Rives was a partner and represented entities related to the Permanente Medical Group - convinced the Western District of Washington not to certify a plaintiff class.
• Ingram Micro, Inc. v. Fred Meyer, Inc. Represented major retailer in a dispute with a large consumer electronics supplier involving complex accounting and contract issues concerning proper credits, returns, warranty claims, allowances and the like. Successfully resolved the matter in an early mediation of the dispute.
• Interlogix, Inc. v. Interwest General Corp., et al. Second-chaired team that successfully settled claim by our client, a high-technology company, against former business associate relating to ownership and exploitation of intellectual property rights to broadcasting technology.

Public and Constitutional Law

• Consolidated PERS Litigation. As Special Counsel to the Governor of Oregon, defended a series of statutory amendments to the Public Employees Retirement System (PERS) designed to keep the system solvent. Representation included defending the amendments against a variety of actions, running the gamut from state and federal constitutional claims to breach of contract allegations in both federal and state courts. In the main federal case, we obtained summary judgment upholding the legislation. In the main consolidated state case, the Oregon Supreme Court upheld the majority of the amendments.

Internal Investigations and White Collar Defense

• Internal Investigation for Lithia Motors, Inc. Conducted internal investigation for large public automobile retailer related to the reporting of vehicle sales to manufacturers. Investigation resolved matters to the satisfaction of the company's external auditors.
• Client Name Withheld. Conducted internal investigation for large public electronics manufacturer related to allegations made by federal government that certain of the company's products were exported in violation of federal law.

Antitrust Counseling

• Represented business clients in premerger review proceedings before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. Clients include Precision Castparts Corp., Hollywood Entertainment Corp., and Textronix, Inc.

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Commercial Litigation, Litigation - Banking & Finance, Litigation - Mergers & Acquisitions, Litigation - Regulatory Enforcement (SEC, Telecom, Energy)), 2011-2012
• Listed in Oregon Super Lawyers® (Business Litigation), 2009-2012
• AV Preeminent Peer Review Rated with Martindale-Hubbell®
• Member, Litigation Section, American Bar Association
• Member, Antitrust Section, American Bar Association
• Member, Multnomah Bar Association

Civic Activities

• Member, Board of Directors, Portland Farmers Market, 2012-current
• Member, Board of Directors, East/West Sylvan Foundation, 2011-current
• Member, Board of Directors, Chamber Music Northwest, 2009-2012
• Member, Board of Directors, Oregon Democratic Lawyers Council and co-coordinator for Multnomah County
• Member, American Constitution Society/Oregon Chapter
• Member, Oregon Area Jewish Committee
• Member, Board of Directors, Chapman Educational Foundation, Past President, 2008-2009

Publications

• "Health Care Fraud and Abuse," Health Law Manual, Oregon State Bar, 2012 (expected)
• "Companies Can Face Liability for Loss of Customer Information", Portland Business Journal, Apr. 13, 2012
• "Litigation," Law of Wine, 2011
• "Custom Crush and Bulk Wine Sales Agreements," Wine Business Monthly, Aug. 2010
• "Oregon," Business Torts: A Fifty-State Guide, Wolters Kluwer, 2008-2012
• "Even Accidental Mistakes Create the Wrong Impression," Portland Business Journal, May 16, 2008, CFO of the Year Insert at 29
• "Litigation," Law of Wind, 2008
• "Antitrust," Advising Oregon Business, Oregon State Bar, 2008
• "On the Stand: Executives Can Prepare to Give Testimony," Portland Business Journal, Aug. 4, 2006
• "Culture, Cash, or Calories: Interpreting Alaska Native Subsistence Rights," Alaska Law Review, 1995
• "Monopsony and the Archers: Rethinking Foreign Acquisitions After Thompson-LTV," Law & Policy in International Business, Nov. 3, 1994 (reprinted in part in Dale A. Oesterle, The Law of Mergers and Acquisitions, West, 2002)

Education

• Georgetown University Law Center, J.D., 1994, cum laude
  Articles Editor, Law and Policy in International Business
• Wesleyan University, B.A., 1991, with high honors in the College of Social Studies; Phi Beta Kappa
• Birkbeck College, University of London, 1989
• Hansard Scholars Programme and research assistant to Ann Widdecombe, M.P., House of Commons, 1989

Admissions

• Oregon
• Washington
• California
• District of Columbia
• U.S. District Court for the Central District of California, District of Columbia, District of Oregon, and Western District of Washington
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Federal Claims
• U.S. Court of International Trade

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