Overview

With twenty-five years of courtroom experience, Tom navigates clients through their most complex disputes. He represents individuals and companies in all phases of trial and litigation proceedings in federal and state court, and before administrative agencies. Tom’s experience covers a broad range of industries, including health care, professional services, technology, and food products. He directs internal investigations concerning issues of corporate governance, financial fraud, lack of internal controls, and corporate abuse, and defends companies and individuals in regulatory enforcement proceedings.

Tom has also litigated a number of high-profile pro bono cases, including a federal challenge to an inmate’s detention at Guantanamo Bay and the case striking down the State of Oregon’s ban on same sex marriage. He also represented Oregon citizens in 2001 and 2021 seeking judicial resolution of constitutional issues related to the crafting of federal congressional boundary lines.

Prior to joining Stoel Rives, Tom was a partner at an AmLaw50 firm. Tom clerked for the Honorable R. Lanier Anderson, III, on the U.S. Court of Appeals for the Eleventh Circuit.

Education

University of North Carolina School of Law, J.D., 1997, with high honors

University of Michigan, B.B.A.,1993

Admissions

Oregon

New York

U.S. District Court for the District of Oregon

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Supreme Court

Experience

Health Care Litigation

  • Defends health care companies in disputes in involving enforcement of contractual and common-law obligations.
  • Prosecuted federal constitutional claims brought by health care company against state health care agency.
  • Represented individuals in response to federal inquiries relating to kickback and False Claims Act investigations.
  • Represented health care entity in litigation related to compliance with state mandates regarding COVID-19.

Securities Litigation & Enforcement

  • Defended accounting firm in fraud action alleging breaches of fiduciary duty and violations of state regulatory standards.
  • Enforced trustee’s equitable claims for enforcement of corporate governance and estate documents.
  • Represented clients in disputes, in both trial and arbitration, involving indemnity claims, earn-out clauses, and working capital/purchase-price adjustments.
  • Represented directors and officers in subcommittee investigation and litigation in Delaware Chancery Court.
  • Represents clients in squeeze-out, fair value, and shareholder-deadlock litigation.
  • Successfully defended CEO in case seeking disgorgement of alleged short-swing profits.
  • Prosecuted claims of largest minority shareholder in derivative lawsuit involving purchase of Mt. Bachelor Ski Resort.
  • Conducted internal investigations for companies in professional services, health care, food products, and financial services industries.
  • Directed audit committee investigation concerning revenue recognition issues, corporate abuse, and lack of internal controls.

Government Investigations & White-Collar Crime

  • Represented minority owner and general counsel in SEC enforcement action involving alleged Ponzi scheme and financial fraud.
  • Conducted internal investigation on behalf of state economic development agency.
  • Defended public company in investigation by U.S. Department of Justice in case involving alleged kickbacks to foreign officials.

Political Law

  • Successful defense of 2001 and 2021 Oregon congressional redistricting plans adopted by state legislators.

State Attorney General Investigations

  • Represented charitable organization against allegations of financial impropriety and violations of internal controls asserted by state.

Antitrust & Unfair Competition

  • Represented forest products company in federal antitrust trial and appeal in case involving monopoly control and illegal practices.
  • Defended companies in class actions and class certification proceedings in cases alleging violations of Uniform Unfair Trade Practices.

Pro Bono

  • Represented Ihlkham Battayev, detainee at U.S. Naval Station, Guantanamo Bay, Cuba.
  • Privilege of representing couples in successful challenge of state-law ban against same-sex marriage.
  • Represented medics providing care and services at protests.

Recognition

  • Named by Best Lawyers ® as Bet-the-Company Litigation Law “Lawyer of the Year,” Portland, 2023
  • Selected as one of “America’s Leading Lawyers for Business” by Chambers USA (Commercial Litigation), 2012–present
  • Included in The Best Lawyers in America® (Bet-the-Company Litigation, Commercial Litigation, 2012–present) (Litigation—Antitrust, 2023–present)
  • Selected as a “Litigation Star” by Benchmark Litigation
  • Included in Portland Business Journal’s “Forty Under 40,” 2007
  • Listed in Oregon Super Lawyers®, 2009–present
  • Oregon ACLU Foundation “Civil Liberties Award,” 2009
  • Judge Learned Hand Award, American Jewish Committee Oregon Chapter, 2006

Affiliations

Professional

  • Federal Bar Association, Oregon Chapter Board, Member and former President
  • Oregon State Bar Association, Business Litigation Executive Committee, Member and former Treasurer
  • Oregon State Bar Association, Antitrust Section Executive Committee, former Chair and Member
  • Oregon State Bar Association, Securities Law Executive Committee, Member

Civic

  • Adjunct Professor of Civil Practice and Procedure and Pretrial Advocacy at Lewis & Clark Law School
  • Cascade Aids Project, former Board Member
  • Museum of Contemporary Craft, former Board Member
  • University of Michigan Club of Portland, former Board Member
  • Portland Business Alliance, Leadership Portland, former Planning Committee Member
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