Oregon State Bar Bulletin — FEBRUARY 2010
Bar People


Among Ourselves

To mark its 50th anniversary in 2010, the Portland firm of Sussman Shank decided to partner with the Oregon Food Bank, Loaves & Fishes, the American Lung Association of Oregon, EarthShare of Oregon and Schoolhouse Supplies for a “Giving Back to the Community Campaign.” The campaign offers volunteer and service opportunities to everyone at the firm. “We wanted this to be more than just a simple celebration or a cash donation made by the firm,” said Robert Carlton, managing partner. “Everyone has really embraced this opportunity, and the excitement has carried all of us into activities and places we may not have gone otherwise.” More than 100 employees as well as family and friends of the firm are expected to participate in the planned activities during the year.

Scott E. Nielson has been appointed by the Vancouver (Wash.) City Council to the city planning commission. Nielson continues to represent and advise clients in business start-up and operations, as well as estate planning and elder law.

David Munro of Thede, Culpepper, Moore, Munro & Silliman has been named Best Attorney in the Pet Business by Spot Magazine. Munro was singled out for his community activities, including serving on the Oregon Humane Society Planned Giving Committee and for testifying before a legislative subcommittee in favor of Oregon pet protection legislation. The awards were voted on by more than 450 of the magazine’s readers.

Paul Cosgrove, of counsel with the law firm Lindsay, Hart, Neil & Weigler, has been named chair of the national board of directors for State Law Resources, an international referral network of independent law firms. He has been a member of the board for the past four years. He has more than 25 years experience in government relations representing national and state trade associations and Fortune 500 companies before the Oregon legislature and state and local agencies and boards. He is a founding member of the Community Health Partnership: Oregon’s Public Health Institute and chaired its board of directors from 1999 until 2007.

Leslie Abraham, executive director and senior attorney at Child Centered Solutions, has been awarded the 2010 Harpole Attorney Award from the Lewis & Clark law school. The award is presented each year to an attorney dedicated to the pursuit of justice while maintaining a sense of balance among career, family and community. An award ceremony is scheduled April 7, 5:30 p.m., at the Oregon Historical Society.

Carmen Calzacorta, a shareholder in the Portland office of Schwabe, Williamson & Wyatt, has joined the board of SOLV, a nonprofit organization aimed at enhancing the livability of Oregon. Calzacorta focuses her practice in the area of corporate law, with an emphasis on securities law compliance, corporate finance transactions, mergers and acquisitions, corporate governance and general business advice. She is the practice group leader of the firm’s general business group and co-practice group leader of the firm’s corporate finance and securities group. Walter Grebe, a shareholder at Schwabe, leaves the SOLV board after two terms beginning in 2003 and as chair of development in 2005.

Jet Harris, partner at the Eugene law firm of SkinnerLopata Harris, was recently appointed by the Oregon Supreme Court to the OSB Disciplinary Board. Harris’s three-year term began Jan. 1.

Tamsen L. Leachman of Dunn Carney has been selected for inclusion in the Litigation Counsel of America, a trial lawyer honorary society. Fellows are selected based upon effectiveness and accomplishment in litigation and ethical reputation. Leachman leads the firm’s employment and labor law team, and assists businesses with all employment-related matters, including defense of wage and hour, discrimination, harassment, retaliation and leave claims, and enforcement of noncompetition agreements.

Davis Wright Tremaine has been named one of Oregon’s Most Admired Companies, according to a survey conducted by the Portland Business Journal. The firm ranked fourth in the professional services category out of more than 85 architecture, accounting and law firms. The firm was honored, along with other award recipients, at a reception in December in Portland and was included in the print edition of the publication.

Sarah Crooks, a partner at Perkins Coie, has been chosen as a 2010 recipient of the Oregon Women Lawyers (OWLs) Justice Betty Roberts Award. Crooks, former president and board member of OWLs, was honored for her efforts in the advancement of women in the legal profession. She has founded, chaired and served on numerous committees focused on the promotion of women and minorities both in her firm and in the legal community. Crooks is a volunteer attorney for the Domestic Violence Project at Legal Aid Services of Oregon and has provided pro bono representation to more than 20 domestic violence victims since 2002. She led Perkins Coie’s domestic violence pro bono partnership with Intel and has trained and mentored other attorneys within her firm and Intel to represent domestic violence victims.

Jeff Cheyne, attorney at Samuels, Yoelin, Kantor, Seymour & Spinrad, has been elected as a fellow to the American College of Trust and Estate Counsel. Cheyne represents individuals and businesses in the areas of estate, tax, business and real estate planning. He is licensed to practice before the U.S. Tax Court and has represented numerous clients in administrative appeals before the Internal Revenue Service. His extensive and comprehensive background in tax and estate law includes drafting and coordinating the successful passage of revisions to the Oregon Inheritance Tax law in 2005, 2008 and 2009.

Michael Ratoza and Laura Caldera Taylor, attorneys at Bullivant Houser Bailey, have been appointed to International Trademark Association committees. Ratoza was appointed to the East Asia and Pacific subcommittee of the Anti-Counterfeiting and Enforcement Committee, which evaluates treaties, laws, regulations and procedures, and advocates policies to advance protection against counterfeiting and infringement. Taylor was appointed to the Online Trademark Use subcommittee of the Internet Committee, which evaluates treaties, laws, regulations and procedures relating to domain name assignment, use of trademarks on the Internet, and unfair competition on the Internet. She has served on the North America subcommittee since 2006, serving as a task force chair since 2008.


Moves

Ky Fullerton recently joined the legal department of Umpqua Holdings Corp., the parent company of Umpqua Bank and Umpqua Investments, as a vice president and corporate attorney. He provides legal advice to Umpqua’s business units, including special assets, wealth management, credit administration, commercial banking and compliance. He was previously an associate at Miller Nash in Portland, and also served as corporate counsel and treasuring manager for a private manufacturing company.

Mark Wada has been elected president of Farleigh Wada Witt, effective Jan. 1. Wada is a founding shareholder of the firm and has served in several management positions including president from 1990 through 1993. Prior to his second election as president he served on the executive committee and will continue to serve on the 2010 management committee with David Ludwig, Tara Schleicher and Brad Stanford. He succeeds Dean Sandow.

Williams Kastner announces that Portland attorneys Heather Van Meter and Marc Carlton have been elected members of the firm. Van Meter focuses her practice on litigation with an emphasis on drug and medical device, product liability and other complex cases. She has led more than a dozen trials to verdict, including six civil trials and six criminal trials as a volunteer district attorney and was named to Rising Stars in products liability defense litigation in 2008 and 2009 by Law & Politics magazine. Carlton has a civil litigation practice with an emphasis in defending transportation, liquor liability and products liability cases. He also practices in the area of medical malpractice and commercial litigation.

Elizabeth E. Puskar has joined the Portland litigation firm Markowitz, Herbold, Glade & Mehlhaf as an associate. Her practice will focus on complex civil and business litigation. Puskar has experience handling large civil cases, including contract disputes, real estate matters and employment litigation. Previously, Puskar worked as a deputy district attorney in Multnomah County and also practiced international trade law in Washington, D.C.

Garvey Schubert Barer announces Cynthia M. Fraser, Samuel C. Kauffman and Carrie A. Richter of the firm’s Portland office have been promoted to owners. Fraser, whose practice focuses on land use disputes, condemnation litigation and property tax appeals, is an experienced dispute resolution practitioner, having been named to “The Best Lawyers in America” in the area of alternative dispute resolution from 2008 to 2010. She is past chair of the OSB Alternative Dispute Resolution Section and is a member of the Multnomah County Circuit Court Arbitration Commission and Oregon Women Lawyers executive board. Kauffman, who practices white-collar criminal defense and litigation, has extensive experience in complex criminal and regulatory matters and has represented clients in investigations and prosecutions involving environmental enforcement, admiralty and maritime environmental criminal defense, securities regulation, federal tax matters, tribal regulatory and criminal matters and civil forfeiture matters. He also has extensive experience conducting and coordinating internal corporate investigations. Richter represents business, community and government entities in land use planning and municipal law. She serves as deputy city attorney for Oregon City.

Whitney Yazzolino announces the opening of her firm, the Law Office of Whitney Yazzolino. Her practice focuses on estate planning, probate and trust administration and elder law. Yazzolino, a 2004 graduate of Lewis & Clark Law School, is secretary of the OSB Elder Law Section executive committee. Reach her at (503) 284-6778 or 2100 N.E. Broadway, Suite 119, Portland, OR 97232.

Jennifer B. Cordova was recently named a partner in K&L Gates’ Portland office, effective March 1. Cordova focuses her practice on federal tax issues, with an emphasis on issues arising in the tax-exempt financing area.

Miller Nash has promoted Jason Conger to partner. He joined the firm’s Bend office in 2009 and focuses his practice on corporate, securities and venture capital law, representing emerging companies in general corporate matters, as well as a broad range of complex transactions, including real estate syndications, mergers and acquisitions, debt and equity financings, and stock and bond offerings. Conger served four years as a congressional aide, co-founded a successful real estate investment company and was involved in the business development and management of several private companies. He was a teaching fellow at the Harvard College government department and at the Berkman Center for Internet and Society, an Internet think tank affiliated with Harvard Law School. After graduation he was appointed adjunct professor of law at the University of San Diego School of Law.

Joel Christiansen has joined the Mitra Law Group in Portland as an associate attorney. His practice will continue to focus exclusively on the vigorous enforcement of employee rights.

Steven L. Adkins has become a shareholder in Evashevski, Elliott, Cihak & Hediger in Corvallis, effective Jan. 1. Adkins, who has been practicing in Oregon for 29 years, will continue to specialize in estate planning, business law and real estate. He can be reached through the firm website, www.eechlaw.com.

Watkinson, Laird, Rubenstein, Baldwin & Burgess in Eugene announces that Michelle Blackwellhas become a shareholder after joining the firm in 2006 as an associate attorney. Licensed in Oregon, Washington and California, Blackwell focuses on issues related to litigation, construction law, creditor’s rights, bankruptcy, probate disputes, alternative dispute resolution and administrative law. She is active in the OSB Debtor-Creditor and Construction Law sections and the Inns of Court. She previously practiced insurance defense law, served as a judge pro tem, an administrative law judge and as a law clerk to the chief judge of the U.S. Claims Court in Washington, D.C.

Watkinson, Laird, Rubenstein, Baldwin & Burgess in Eugene has added three new associates, Lauren Sommers, Jonathan Cascino and Sarah Subias. Sommers’ practice focuses on healthcare regulatory issues, including HIPAA compliance and licensing requirements. Her real estate practice emphasizes commercial lease transactions and real property acquisition and sales. She also advises clients on Truth-in-Lending Act issues. She earned her law degree at the University of Oregon School of Law where she was a Wayne Morse Fellow and graduated Order of the Coif. Cascino joins the firm’s health law and corporate practice groups. Previously, he served as a judicial clerk for Circuit Court Judge Karsten Rasmussen and clerked in the Mayo Clinic legal department, concentrating on issues related to health and business law. Cascino graduated from the University of Oregon School of Law. Subias is a recent University of Oregon School of Law graduate who originally joined the firm as a law clerk in 2008. She is a member of the Order of the Coif. During law school she was a Wayne Morse Fellow and served on the Oregon Law Review. She will focus on commercial litigation, trademarks and estate planning.

Folawn, Alterman & Richardson has added two new associates. Courtney Dippel will practice in the areas of commercial litigation with an emphasis on representing financial institutions. Karmen Schmid will practice general litigation on behalf of both plaintiffs and defendants, including cases involving professional malpractice, insurance defense, trust disputes and business torts.

Gregory Foote has retired from the Lane County Circuit Court as of Jan. 1, after 32 years on the bench. He was appointed to the Lane County District Court by Gov. Robert Straub in 1977 and to the circuit court in 1981 by Gov.Victor Atiyeh. He was elected six times since appointments.

Adam C. Kobos has been named a new partner at Stoel Rives, effective Jan. 1. Kobos is based in the Portland office and is a member of the tax section in the firm’s business services group. His practice encompasses a wide variety of federal and state tax issues, and he regularly represents clients who develop or invest in renewable energy projects, including wind, solar, biomass, hydroelectric and other renewable energy generation facilities and biofuel production facilities. He is admitted to practice in Oregon and California.

Aaron J. Besen has joined Sussman Shank as special counsel and will chair the firm’s healthcare practice group. Besen has extensive experience representing long-term care providers including skilled nursing, assisted living and independent living facilities, the landlords to these providers and related businesses. His experience includes handling the purchase and sale of operations or real estate of nearly 180 long-term care facilities, management agreements, regulatory issues, contracting issues, financing and complex transactional work. Besen returns to the firm after three years in private practice and eight years as vice president and general counsel to Evergreen Healthcare Management. He serves on the board of the Oregon Health Care Foundation and is a director and the chair of the Compensation and Corporate Governance Committee of EmpRes Healthcare. He is a member of the American Health Lawyers Association, Oregon Healthcare Association and Washington Healthcare Association.

Commercial litigator Edwin (Ned) C. Perry is now chair of the litigation department at Tonkon Torp. Perry joined Tonkon Torp in 1984 and became a partner in 1991. His practice focuses on complex contract, construction and real estate disputes. He has represented prominent companies such as Nike, Amberhill Properties and Stimson Lumber in state and federal courts, and also has an active mediation and arbitration practice.

Stahancyk, Kent, Johnson & Hook welcomes a new associate, Shirley D. Farmer. She graduated from the University of Oregon and the University of Washington School of Law.

Kellie Johnson, formerly a deputy district attorney in both Multnomah County and Lane County, after 13 years of criminal trial practice has joined the Oregon State Bar disciplinary counsel’s office as an assistant disciplinary counsel. She can be reached by e-mail at kjohnson@osbar.org.

Gregory L. Powell has joined Tonkon Torp as a partner in the firm’s business department. Powell counsels businesses of all sizes on matters related to securities and corporate finance, real estate, and mergers and acquisitions. He also represents capital markets professionals in proceedings and disputes. He most recently was a partner in the Portland firm of Roberts Kaplan (formerly Foster Pepper), where he was managing partner from 2002 to 2007. He began his professional career with Ernst & Young and then served as tax counsel to the U.S. Senate Finance Committee in Washington, D.C. He returned to Portland and private practice in 1994. He has been named to the Oregon Super Lawyers list, a peer review recognition program, for the past three years.

Bateman, Seidel, Miner, Blomgren, Chellis & Gram announces that Amanda R. Guile has joined the firm as an associate attorney in litigation. Guile earned her J.D. from the University of Denver Sturm College of Law in 2009, and is a 2006 graduate of Willamette University, with a bachelor’s degree in politics and history.

Attorney and lobbyist Drew Hagedorn has joined Tonkon Torp as of counsel in the firm’s government relations and public policy group. Hagedorn most recently was associated with the lobbying and public relations firm of Conkling, Fiskum & McCormick, where he served public and private sector clients, including nonprofits and industry associations. He has served as legal and policy adviser to the Oregon Senate majority office and Senate president’s office. He also worked for U.S. Sen. Mark Hatfield in Washington, D.C. A graduate of the University of Southern California, Hagedorn earned his J.D. in 1999 from the Lewis & Clark law school.

Justin Aida, Angela Bennett, Dominic Carollo and Caitlin Upshaw have joined Dunn, Carney, Allen, Higgins & Tongue in Portland. Aida’s practice focuses on corporate transactions, trademarks and employment law. He received his J.D. from University of Oregon College of Law and a bachelor’s degree from University of California, Irvine. Bennett will focus on litigation, specifically insurance defense. She received her J.D. from Willamette University School of Law and a bachelor’s degree from Gonzaga University. Carollo’s practice will focus on litigation, specifically in agriculture and natural resources. He received his J.D. from Lewis & Clark Law School and his bachelor’s degree from Oregon State University. Upshaw will focus on real estate law. She received her J. D. from Lewis & Clark Law School and her bachelor’s degree from University of Oregon.

Tonkon Torp has elected Caroline Harris Crowne, Jackson Lewis and Alan C. Perkins to partnership, effective Jan. 1. Harris Crowne’s practice focuses on litigation between business owners and cases with accounting issues. In addition, she has broad litigation experience in areas of law such as contracts, fiduciary duties, copyrights, damage to business property, employment and real estate. Last year, Harris Crowne was selected to serve as a special prosecutor in the Multnomah County district attorney’s office in a month-long program giving civil litigators the opportunity to hone jury trial skills by prosecuting misdemeanors. Lewis is a member of the firm’s wealth planning practice group, where he advises high net-worth clients on estate planning and charitable giving strategies and handles estate administration and probate litigation. He has significant experience advising private foundations and public charities on questions of fiduciary responsibility and compliance with federal and state nonprofit laws. He frequently addresses nonprofit associations and wealth planning professionals on developments in estate planning. Perkins is a member of the firm’s immigration practice group, where he focuses on employment-based immigration matters. He was a corporate immigration lawyer for eight years in San Francisco with Cooley Godward, and most recently with Duane Morris. In 2008 and 2009, Perkins served on a national committee of the American Immigration Lawyers Association, which works with U.S. Citizenship and Immigration Services on policy and adjudication issues.


In Memoriam

Howard N. Dietrich died Oct. 24, 2009 at the age of 99.

Dietrich was born March 2, 1910 in Spokane, Wash. In 1916, his family moved to Terrebonne, where they had a creamery distribution business. The family later moved to Central Point, Ore., where his family had an orchard farm and convenience store.

He graduated in 1928 from Central Point High School, where be lettered in basketball and baseball. After playing first base in semiprofessional baseball leagues, Dietrich attended University of Oregon, graduating summa cum laude with a degree in accounting in 1936.

While working in his first job at the Oregon State Tax Commission he met Mark Wald, a soon-to-be lifelong friend who encouraged him to go to law school. Dietrich attended night school at Northwestern School of Law, now the Lewis & Clark law school. In 1940, he was admitted to the Oregon State Bar and started his own accounting firm and law practice.

He represented many Prineville and eastern Oregon farming and ranching families and timber, lumber, plywood and molding companies, He retired from the accounting firm in 1970. He retired from the practice of law when he was 85.

In his professional career, he served on the part-time faculty of Northwestern School of Law and on many tax committees for both the Oregon Society and American Society of Certified Public Accountants. He also served on the tax and probate committees of the Oregon State Bar to help adopt probate and tax legislation. When his longtime friend Art Cannon died in 1964, he became president of the Oregon Society of Certified Public Accountants; he also served as president in 1965.

He was a Royal Rosarian, a member of the Aero Club and a founding and life member of the Prineville Golf and Country Club. He was a past board member and treasurer of Albertina Kerr Centers, where he was honored as an emeritus member of the board.

After he retired, he dedicated his efforts to philanthropy, helping the Boys and Girls Aid Society, the Boys and Girls Clubs of Central Oregon, the Oregon Society of Certified Public Accountants Education Foundation, the Thomas Tongue III Scholarship Fund and the Gantenbein Society at the Northwestern School of Law Lewis & Clark College, the Albertina Kerr Endowment Fund, the University of Oregon accounting school and the Howard and Edna Dietrich Children’s Fund of the Oregon Community Foundation.

Deitrich married Mary Edna Matthis of Salem in 1939. She died in 1992. In 1995, he married Margarette Newhall, who survives. He is also survived by his three children, nine grandchildren, nine great-grandchildren and four great-great-grandchildren.

 

Nancy Bergeson, a federal public defender in Portland, died Nov. 24, 2009, as the result of a homicide. She was 57.

Nancy Sue Bergeson was born Nov. 30, 1951, in Logan, Utah. Her family settled in Newport Beach, Calif., and in 1969, she left for college in Utah. She obtained degrees in special education from the University of Utah, and after several years of teaching special education, she obtained her law degree in 1980 from the S.J. Quinney School of Law.

After serving in the Salt Lake public defender’s office, she moved to Portland in 1991 and began an 18-year career at the federal public defender’s office.

Throughout her life, Bergeson was always willing to charge head-on into the toughest of situations. She was bold and passionate in what she did; arguing challenging issues with equal fervor both in the courtroom and at the dinner table. Bergeson believed that the true test of a justice system was how it treated the most vulnerable. Bergeson fought on behalf of the powerless and less fortunate. She excelled with a keen sense of humor, never afraid to laugh at herself.

In a tribute to her in Multnomah Lawyer, federal public defender Steven Wax described Bergeson as a “remarkable lawyer” and defense advocate. “She was a remarkable person, and she had the ability to push her adversaries … to the edge and beyond, but in a way in which everyone could still not only respect but love her,” Wax said.

Later in life, Bergeson discovered a passion for athletics through the sport of dragon boat racing. She traveled the world to Germany, Australia, Malaysia and Prague, winning multiple awards in international competitions. She was also an ardent runner and skier.

Bergeson is survived by her daughter, Jamie Bergeson of Boston, her parents, and many nieces and nephews

 

Doug Gard died Dec. 7, 2009 in Medford.

Doug S. Gard was born on Jan. 21, 1954 in Berkeley, Calif. He graduated from the University of California and the University of New Mexico Law School. While living in New Mexico, he suffered a severe accident, which left him a quadriplegic, confined to a wheelchair. His entire legal career existed from this perspective, but no lawyer who went up against him ever considered him handicapped.

Gard worked for legal services in Medford from 1982 until 1997, and then in private practice in Medford from 1997 until his death. Throughout his career, he continued to raise the bar of quality in the practice of law, particularly in the fields of landlord tenant and consumer protection law. His friends described him as “the epitome of professionalism.” Writes Circuit Court Judge Philip Arnold: “His ability to be the rigorous advocate while dealing with his daily difficulties of getting to the office and to the courthouse inspired lawyers, judges and litigants. And, he did it all with a smile and a pleasant attitude. In addition to the admiration for his legal skills, Jackson County lawyers and courthouse personnel often used the words ‘admire’ and ‘inspiration’ when referring to Doug. Although his life was short, it was exceedingly well lived.”

Gard was the father of two and the grandfather of one. He is also survived by his mother and a brother.

Retired trial lawyer and arbitrator Norm Lindstedt died Dec. 13, 2009. He was 78.

Norman Lowell Lindstedt was born Nov. 12, 1931, in Portland. He attended Beach Grade School and graduated from Jefferson High School in 1949, University of Oregon in 1953 and Northwestern College of Law at Lewis & Clark in 1958. He married Merrinell Merrigan on Nov. 24, 1951.

Lindstedt worked in law for 50 years as a trial attorney, judge pro tem (Multnomah County Circuit Court) and as an arbitrator. He had his own law firm and practiced arbitration and mediation until retirement.

He is survived by his wife, two sons, four daughters, 10 grandchildren, two great-grandchildren and two brothers.

 

Robert M. Redding, a retired captain in the U.S. Navy, died Dec. 21, 2009 of complications of Alzheimer’s disease.

Redding became a member of the Oregon State Bar in 1957. He retired from the Judge Advocate General’s Corp in 1982, having served the last eight years of service as a circuit judge. He had made his home in Coronado, Calif., since 1984.

Redding is survived by his wife of 51 years, Marjorie (Sue), three sons and seven grandchildren.

 


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