Reilley D. Keating

Reilley Keating is an experienced trial attorney who uses her strong research, persuasive writing, and creative problem-solving skills to help clients effectively resolve disputes.

Her practice focuses on complex civil litigation, commercial business and contract disputes, condemnation and real property actions, health care litigation, and consumer protection actions. She represents businesses, public entities, educational institutions, and individuals as plaintiffs or defendants in a variety of state and federal courts, on appeal, and in arbitration and mediation. Reilley has tried cases in several different jurisdictions, taken and defended many depositions, and managed large-scale discovery.

Reilley has held several leadership positions within the firm: she has served as Chair of the Portland Coaching and Mentoring Committee and Co-Chair of the Portland Parenting Circle, an Affinity Group within the firm’s Diversity, Equity & Inclusion Committee. In addition to being a leader and trusted mentor for other attorneys in the firm, Reilley is dedicated to community service and pro bono work, and in 2013, she won the firm’s pro bono award in recognition of her service following a trial she first chaired in the District of Oregon.

Education

University of Notre Dame Law School, J.D., 2005, cum laude, Phi Alpha Delta Law Fraternity; Executive Notes Editor, Journal of Legislation

University of Oregon, B.S., 2001, summa cum laude, journalism and psychology; Phi Beta Kappa; “Outstanding Woman of the Year,” School of Journalism and Communication

Admissions

Oregon

Washington

Illinois

United States District Court for the District of Oregon and the Northern District of Illinois

United States Court of Appeals for the Seventh Circuit

Complex Commercial Litigation and Trial Experience

• Representation of power company in wildfire litigation in jury trials involving claims for inverse condemnation, negligence, nuisance, and trespass, among other claims.
• Representation of manufacturer of dietary supplement in state court trials in unlawful trade practices enforcement actions brought by Attorneys General of multiple states. Obtained complete defense verdict in one trial and prevailed on significant claims in another trial.
• Representation of shareholders of ophthalmology practice in state court jury trial involving claims for fraud, breach of fiduciary duty, and business torts.
• Member of trial team that obtained complete defense verdict following jury trial in class action seeking $144 million from insurance company for alleged violations of Fair Credit Reporting Act.
• Representation of online service provider in a putative class action alleging discrimination under the Oregon Public Accommodations Act.
• Obtained favorable settlement for institution of higher education in False Claims Act case for alleged false certifications of compliance with the Higher Education Act. Representation included extensive internal investigation and motion practice.
• Representation of complex metals manufacturer in arbitration filed with the American Arbitration Association, International Centre for Dispute Resolution, for breach of representations and warranties made in a securities purchase agreement.
• Representation of owner and operator of sand and gravel mine in contested case proceeding under the Oregon Administrative Procedures Act involving jurisdictional determination by Oregon state agency.
• Representation of cogeneration facility in connection with a dispute with its steam host; assisted in obtaining a favorable result for the client during mediation. Drafted and negotiated revisions to complex purchase and sale agreements and confidentiality agreements for the client.
• Representation of port district in action alleging violations of the Oregon Public Records Law.
• Representation of majority shareholder at trial in action by minority shareholder for breach of fiduciary duty and minority shareholder oppression.

Condemnation and Real Property Disputes

• Representation of local mass transit district in numerous condemnation actions, including in state court jury trials, relating to transportation services provided in the Portland metro area.
• Representation of county in condemnation actions in connection with bridge replacement project.
• Representation of four port districts in Washington in connection with the Columbia River Channel Improvement Project.
• Representation of numerous property owners in various condemnation actions and eminent domain-related matters.
• Provide general advice to clients about condemnation process and strategy, including pre-litigation matters, and work with right-of-way agents and other subject matter experts (including appraisers).
• Representation of owner of mobile home park; successfully defended against a motion for a temporary restraining order sought by park residents to prevent owner from selling park to a third party.

Health Care Litigation

• Representation of provider of mental health services and individual providers in responding to complaints, investigations, and disciplinary proceedings before health regulatory boards.
• Representation of two coordinated care organizations (CCOs) in defense of lawsuits filed by a mental health treatment center demanding payment for certain services rendered to the CCOs’ members.
• Representation of national network of local health care and human services providers that offer services to individuals with intellectual and developmental disabilities in various state regulatory and administrative proceedings, including multiple contested case hearings.
• Obtained favorable settlement in suit between CCO and the Oregon Health Authority regarding actuarial soundness of capitation rates.
• Representation of provider of physical and mental health services in various litigation matters, including responding to subpoenas seeking protected health information, including drug and alcohol treatment records.
• Representation of proprietary educational institution in matter concerning certification of nursing program by the Oregon State Board of Nursing.

Insights & Presentations

• Updating author, Oregon State Bar Legal Publications, Damages, Condemnation Chapter (Chapter 20, formerly Chapter 19, published 2024)
• “Is Mediation Taking the Place of Condemnation Trials—and Should It?” Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, May 2023
• “Cost to Cure,” 10th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2017
• “Legal Nonconforming Uses in Condemnation: An Overview of Oregon Case Law,” 8th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2015
• “Identifying, Classifying, Locating and Litigating Easements,” Determining Land Ownership and Access Rights, HalfMoon Education, Inc., Portland, OR, December 2014
• “Proper Role of the Appraiser and Using ‘Assumptions’: Use of Extraordinary Assumptions and Hypothetical Conditions in Condemnation Litigation,” 7th Annual Eminent Domain: Current Developments in Condemnation, Valuation & Challenges, The Seminar Group, Portland, OR, June 2014

• Included in The Best Lawyers in America^® (Commercial Litigation, Eminent Domain and Condemnation Law), 2022–present
• Listed among Rising Stars (Business Litigation, Eminent Domain), Oregon Super Lawyers^®, 2013–2015

Professional

• Jesuit High School, Board of Trustees Member, Chair
• Oregon State Bar Associate, former Executive Committee Member of Business Litigation Section
• Federal Bar Association, Oregon Chapter, former Board of Directors
• Oregon State Bar Association, Member
• Federal Bar Association, Member
• Women’s White Collar Defense Association, Member