Oregon State Bar Bulletin — FEBRUARY/MARCH 2011
Bar People


Among Ourselves

Marshal P. Spector, a family law attorney and of counsel to Yates, Matthews & Eaton, has joined the board of directors of Donate Life Northwest. Spector donated a kidney to a friend three years ago and hopes to assist Donate Life Northwest in its mission of saving and enhancing lives through the promotion of organ, eye and tissue donation. He has practiced family law in Oregon for 20 years, representing clients in divorce, custody, parenting time, support, modification and prenuptial matters.

William F. Nichols of Nampa, Idaho, was awarded the Idaho State Bar’s 2010 Professionalism Award, one of the highest honors Idaho lawyers can receive during their careers. A shareholder in the White Peterson firm, his practice includes municipal, real property, probate, estate planning, business planning and collections.

Todd A. Lyon, special counsel at Williams, Zografos & Peck, has been certified by the American Arbitration Association as an employment law arbitrator. His experience in having formerly represented employees and now employers will help him serve as a neutral.

Kevin B. Dull has been appointed to the Workforce Investment Board of Directors (Region 2), a unique public/private partnership representing the city of Portland and Multnomah and Washington counties. The board brings together local elected officials, private sector leaders, public agencies, education, labor and community-based organizations to focus on regional workforce development and related community issues.

Dan Eller, an associate in the Portland office of regional law firm Schwabe, Williamson & Wyatt, was recently elected to the board of trustees of the Oregon and Southwest Washington Idaho Montana chapter of the Leukemia & Lymphoma Society, a voluntary health organization dedicated to funding blood cancer research, education and patient services. Eller focuses his practice in the areas of tax and business law and advises clients with both transactional and controversy matters.

Miller Nash senior partner Dennis Rawlinson has been elected to the council of the ABA Litigation Section. The section is the ABA’s largest, comprising more than 60,000 lawyers and judges. Rawlinson has been involved in the leadership of the section for 15 years, previously serving as chair of the Commercial and Business Litigation Committee, chair of the Trial Evidence Committee and division director of three separate divisions. Rawlinson also served as managing editor and columnist for the commercial and business litigation committee newsletter, as well as the trial evidence committee newsletter.

This year, the law firm of Martin, Bischoff, Templeton, Langslet & Hoffman turns 90 years old. The original partnership was formed in 1921 by Miller Murdoch and Virgil Crum, who had their offices in the old Northwestern Bank Building (now the American Bank Building), then the tallest building in Portland. Miller Murdoch, originally from Canada, came to Portland in 1894 and was admitted to practice here in the same year. Virgil Crum graduated from the University of Chicago Law School in 1908 and was admitted to practice in Oregon in 1909. Vern Dusenberry, another University of Chicago Law School graduate, joined the firm in 1927.

In 1928, the firm changed its name to Crum, Murdoch, and Dusenberry. Cary Martin joined the firm in 1940, followed by his nephew Bill Martin in 1947. Jerry Bischoff, a Harvard Law School graduate, joined the firm in the early 1960s after practicing for several years with his father S. J. Bischoff. In the late 1960s, the firm changed its name to Dusenberry, Martin, Beatty, Bischoff & Templeton and eventually became known simply as Martin Bischoff. Jack Beatty went on to a long and distinguished tenure as a Multnomah County Circuit Court judge, eventually returning to the firm as of counsel. Herb Schwab, another partner, was appointed to the bench and eventually became chief judge for the Oregon Court of Appeals. Bill Martin and Jerry Bischoff retired in the 1980s. Dave Templeton, another Harvard Law School graduate, retired in 1994.


Moves

Bob Schnack has been named a partner in the Sacramento office of Jackson Lewis. His practice emphasizes the defense of employers in workplace-related claims and litigation. He can be reached at 801 K St., Suite 2300, Sacramento, CA 95814; phone: (916) 341-0404; fax: (916) 341-0141; e-mail: schnackr@jacksonlewis.com; website: www.jacksonlewis.com.

R. Craig Hindley has retired and closed his law office at the end December. He practiced for 32 years before Washington County courts, and maintained offices in Beaverton and near Washington Square in Tigard. A solo practitioner, he emphasized business, real estate and probate, but also practiced domestic relations, criminal defense and juvenile law. He thanks members of the Oregon bar for their professional courtesies and assistance over the years.

Aviva Groner Brown and Brian Scott Wayson have formed Brown + Wayson. Their practice will focus on the representation of disabled clients before the Social Security Administration and in federal court. Brown received her law degree from the University of Oregon in 1992. After raising a family and working as a political fund raiser, Brown returned to active status in 2007, and has since focused exclusively on Social Security disability matters. Wayson received his J.D. from the Northwestern School of Law of Lewis & Clark College in 2003. Since graduating from law school Wayson has worked in business management and for a state agency, as well as in private practice for a firm representing clients seeking disability benefits through Social Security Administration programs.

Brantley Shumaker has joined the intellectual property group at Schwabe, Williamson & Wyatt as an associate. Shumaker focuses his practice in the area of intellectual property, particularly patent prosecution. He has prosecuted patent applications in electrical, medical, mechanical, business, computer networking/security and software technology fields. Prior to joining Schwabe, Shumaker was an associate at Kolisch Hartwell.

David Koempel has been made partner in Holland & Knight’s tax credit transactions practice group. Koempel practices in the firm’s Portland office. He concentrates his practice in tax and business transactions with an emphasis on real estate syndication, partnership law and private equity financing of partnerships and limited liability companies. He represents syndicators, equity investors and developers in structuring, negotiating and documenting low-income housing tax credit transactions and other tax-advantaged equity investments.

Les Bush, formerly of counsel at Parker, Butte & Lane, has relocated to 621 S.W. Morrison St., Suite #140, Portland, OR 97215. He continues his general practice with a focus on helping injured workers and related matters. He can be reached at LLeslieBush@gmail.com or (503) 223-6901.

The personal injury litigation law firm D’Amore Law Group moved its main office into a 10,000 square foot building the firm purchased in Lake Oswego, near the intersection of Kruse Way and Boones Ferry Road. The firm will continue to maintain an office in downtown Portland. The new address is 4230 Galewood St., Suite 200, Lake Oswego, OR 97035.

Aaron J. Hodukavich has joined Wiscarson Law as an associate. Hodukavich is a 2010 graduate of Howard University School of Law and will be spearheading the firm’s expansion of new practice areas, including guardianship, Social Security and higher education.

Heidi Olsen Strauch has returned to private practice, advising small business owners and providing estate planning and general civil litigation services, after three years as a contract litigation attorney. She was previously a partner at Salisbury & Strauch for seven years, where she handled more than 800 cases in a broad range of practice areas.

Bullivant Houser Bailey announces that three attorneys in the Portland office, Marianne Ghim, Kyle Sciuchetti and Laura Caldera Taylor, have been elected shareholders, effective Jan. 1. Ghim focuses on analysis and litigation of insurance coverage issues. Her experience includes both first- and third-party insurance coverage disputes. Sciuchetti maintains an active construction and hospitality practice throughout Oregon and Washington. He regularly advises businesses and manages the legal needs of many companies ranging from construction contractors to hotel management companies. Taylor specializes in intellectual property. She has experience helping clients involved in patent, trademark, copyright, trade secret and other complex business disputes.

Kirk Strohman is pleased to announce the formation of Kirk H. Strohman LLC, a solo practice with a focus on business law, real estate and contract law. Strohman’s practice also provides of counsel legal services to the Business Law Centre. He is a 2010 graduate of the University of Oregon School of Law, where he was a member of the Oregon Law Review and The Legality, and a participant in the Small Business Clinic and Real Estate Transactions Lab. Reach him at: 1158 High St., Suite 101, Eugene, OR 97401; phone: (541) 342-1929; e-mail khs@strohmanlaw.com.

Christopher P. Young has joined The Pixton Law Group as an associate in the firm’s Lake Oswego office. He was previously a litigation associate with Wright, Penning & Beamer in Farmington Hills, Mich. Young’s practice includes estate planning and elder law, with an emphasis on long term care and health care crisis planning. He can be reached at (503) 968-2020 or by e-mail at chris@pixtonlaw.com.

Shana Sechrist has been promoted to senior associate counsel, employment and disability services, for Knowledge Universe, a private provider of early childhood and school-age education and care. Sechrist oversees employment advice and disability services for the enterprise. Prior to joining Knowledge Universe in 2009, she was an attorney at Stoel Rives in the labor and employment group.

Kathryn (Katie) Gallagher was recently promoted to senior associate counsel for Knowledge Universe, where she works primarily with vendor contracts, child care licensing and other regulatory matters. She joined KU-US in 2003 as a staff attorney for corporate and regulatory affairs.

David Reese has been appointed general counsel at Portland State University. He came to the university as assistant general counsel in 2007 and has been filling the general counsel role on an interim basis since September. Prior to PSU, Reese worked for five years for Gov. Ted Kulongoski, first as deputy general counsel and, beginning in 2005, as general counsel, and as an associate attorney at law firms in Detroit and Portland. He serves on the Oregon Board of Bar Examiners.

Personal injury attorneys Bruce Brothers, Wayne Hawn and Jennifer Coughlin announce the formation of Brothers, Hawn & Coughlin. The three attorneys will continue to focus on representing injured people in the areas of motor vehicle collisions, medical negligence, complex insurance coverage issues, sexual abuse and products liability. The newly formed partnership welcomes referrals and offers free initial consultations. Contact them at (541) 382-5885.

Ogletree, Deakins, Nash, Smoak & Stewart welcomes Jathan Janove to the firm’s Portland office as a shareholder. Janove previously was a partner in the Portland office of Ater Wynne. Earlier in his career, he established an employment boutique firm in Salt Lake City. Janove has nearly 30 years of employment law experience as a litigator and as a trainer helping management prevent employment-based legal claims and create positive, productive relationships with employees. Janove is a member of the National Speakers Association and the Society for Human Resource Management Recommended Speakers Directory. He is a frequent contributor to HR Magazine and is the author of two books on management.

Buckley LeChevallier is merging with the business law group of Portland’s Grenley, Rotenberg, Evans, Bragg & Bodie to form a new law firm, called Buckley Law P.C. Grenley Rotenberg shareholders Michael Bragg, Larry Evans, Stan Rotenberg, Kelly Meltzer, Laura Hammond and associate David Shawcross will be part of the new firm, resulting in a combined number of 21 attorneys and one of the largest law offices in Clackamas County. Founding shareholder William Buckley remains of counsel and the firm’s namesake. “It’s a recognizable name representing a new firm,” says Rob Le- Chevallier. The firm will be managed by LeChevallier and Bragg and will be headquartered in the Kruse Way corridor of Lake Oswego. Buckley Law provides legal services in business and commercial law, employment and labor law, real estate and land use, civil litigation, intellectual property, taxation, family and elder law, and estate planning.

Karnopp Peterson announces the addition of Erin K. MacDonald as a new partner in the firm. MacDonald’s legal practice includes estate planning, probate and trust administration, tax planning, charitable giving and assisting clients in the formation and tax-exempt qualification of nonprofit entities. She is actively involved in the community, serving as vice chair of the St. Charles Foundation Board and as a board member of Friends with Flowers. In addition, she donates time to Oregon Legal Aid’s Senior Law Project as a volunteer attorney. She has been named one of Bend’s Accomplished Under 40 and is a past president of the Leadership Bend Class.

Lisa A. Amato has been elected a partner in Wyse Kadish. She joined the firm in 2009 as of counsel. She continues her practice of counseling employers on employment related matters, representing employers and management in employment litigation and assisting federal contractors with affirmative action programs and compliance.

Salem law firm Sherman, Sherman, Johnnie & Hoyt welcomes Chelsea Armstrong as a partner. The 2001 graduate of Northwestern School of Law at Lewis & Clark College focuses on domestic relations issues, including divorce, modifications, spousal support issues, child custody, third-party rights and adoptions. Armstrong has practiced divorce and family law in the mid-Willamette Valley and throughout Oregon since 2002. She joined the firm in 2008. Armstong was recently appointed to the Oregon State Bar’s State Professional Responsibility Board and volunteers as a pro tem judge in Marion County.

Dallas attorney Dean William Harvey has joined Andrews Kurth as a partner in the firm’s corporate section. Harvey represents clients in technology and business process-related commercial transactions, including outsourcing and licensing arrangements, the acquisition and development of software and other technology, and privacy and security issues. Prior to law school, Harvey spent more than 10 years in the software and technology industry. In addition to working with leading technology companies such as EDS and IBM, he also established his own software consulting company.

Samuels, Yoelin, Kantor, Seymour & Spinrad announces that the firm has returned to downtown Portland, where it was founded 80 years ago. As of Feb. 1, the firm is located on the 38th floor of the U.S. Bancorp Tower (“Big Pink”), 111 SW Fifth Ave. The new space, which totals 10,845 square feet, is about one-third larger than the previous office in John’s Landing. Also effective Feb. 1, the firm is shortening its name to Samuels Yoelin Kantor LLP,in part to provide better branding and marketing opportunities. The new name reflects the last names of the three longest-serving partners of the firm.

Mary Chaffin has joined ACCION International, headquartered in Boston, as general counsel. ACCION is celebrating its 50th anniversary this year and during its existence has helped build 62 microfinance institutions in 31 countries on four continents, including the United States. Since 1991, the U.S. ACCION Network has loaned nearly $277 million to more 24,000 clients and currently serves more than 5,100 active borrowers in 46 states. The U.S. ACCION Network is the largest microfinance network in the country. Chaffin will be responsible for ACCION’s legal and corporate governance affairs.

John F. Bradach of Bradach Law Offices has relocated to Portland Union Station, 800 N.W. Sixth Ave., Suite 209, Portland, OR 97209; phone: (503) 238-7170; fax: (503) 238-7127.

Jamie M. Daigle has joined Stewart, Sokol & Gray, effective Feb. 1. Daigle previously was a partner at Brisbee & Stockton. His practice includes defense of general contractors and designers in complex construction defect cases, as well as the defense of claims against attorneys through the Professional Liability Fund. He is joined by associate Elizabeth C. Woodard, a 2007 graduate of Lewis & Clark Northwestern School of Law, who received the Best Oral Advocate Award for first year appellate advocacy. Her experience began in general civil litigation, landlord/tenant law and family law; she is currently developing an active litigation practice and focus on construction defect claims.

Douglas L. Gallagher, after more than 12 years as an attorney with Scott Hookland, has opened his own law practice in Eugene. Gallagher will continue to emphasize all aspects of construction law, as well as creditors’ rights, small business and real property matters. Gallagher can be reached at (541) 357-4021 or doug@dglawoffice.com.

Micheal M. Reeder has become a shareholder with Arnold, Gallagher, Percell, Roberts & Potter. Since joining the firm in 2006, Reeder has represented a wide variety of clients on various development, land use and permitting issues at the initial permit application stage with local government up through the appeals stages at the Land Use Board of Appeals and Oregon courts.

Brenda S. Molner, a construction and telecommunications attorney and arbitrator, and Rob Roy Smith, a federal Indian law attorney, have been named shareholders in the Seattle office of Ater Wynne. Molner’s practice focuses on telecom- munications, complex contracts, con- struction law and litigation,and alter- native dispute resolution. She is a member of the American Arbitration Association, Commercial Panel of Neutrals and is licensed in both Washington and Oregon. She is a member of the firm’s construction, telecommunications and litigation groups. Smith advises Indian tribal clients and others doing business in Indian country on all aspects of federal, state and tribal law, including economic development, litigation, resource protection, taxation, tribal sovereignty and gaming. He is an adjunct professor of federal Indian law at Seattle University School of Law. He is a member of the firm’s Indian law, tax and litigation groups.

Former Clackamas County chief litigation counsel Edward S. McGlone has opened the Edward McGlone Law Offices in Beaverton. He represents public and private entities and individuals in state and federal trial and appellate courts and before regulatory agencies. He joined Clackamas County in 2000 and represented the county in a broad range of litigation, including civil rights, personal injury, property damage, insurance coverage, breach of contract, wrongful death, employment discrimination, elections disputes, condemnation and other matters. Previously he was a litigator in private practice for more than 10 years and served as executive director and counsel for the Oregon Board of Dentistry.

 


In Memoriam

Donald Hartvig of Portland died Oct. 11, 2010, after a brief illness. He was 90.

Donald Harrison Hartvig was born in San Francisco on May 19, 1920. After graduation from Lodi High School in 1937, he attended Delta Junior College and earned his associates degree. As World War II approached, Hartvig entered the U.S. Navy flight training program and spent most of the war as a member of Patrol Bombing Squadron 108 in the Western Pacific campaigns. On May 9, 1945, flying out of Tinian, Hartvig participated in a raid on heavily defended Marcus Island. Four of the five aircraft in Hartvig’s flight were shot down, but Hartvig pressed home his low-level attack, heavily damaged the enemy base and nursed his damaged aircraft back to Tinian. For his extraordinary heroism, Hartvig was awarded America’s second highest medal for valor, the Navy Cross. He also received the Distinguished Flying Cross. Hartvig remained in the U.S. Navy Reserve after World War II, and, after finishing law school, became a member of the Navy JAG Corps Reserve, retiring in 1975 as a captain.


Hartvig and Carol Chown were married for 50 years and had two children. After a long career with Chown Hardware, Hartvig enrolled in the Northwestern School of Law, and he was admitted to the Oregon bar in 1971. Hartvig’s business experience led to jobs representing individuals and businesses in bankruptcy and eventually to his appointment as a federal bankruptcy trustee for the central Oregon coast. His fourth career as a bankruptcy trustee spanned over 30 years. He didn’t retire from full time work until he was well into his 80s.

Hartvig was a member of the Oregon and California state bars, the Navy Captains Club, the Elks and the Legion of Valor. He was a 32nd degree Mason and a member of the Multnomah Athletic Club for 52 years. He loved Dixieland music, wood and metal working, boating, photography, fishing and his weekend home on the Oregon coast, where he and Carol built a house for their daughter and grandchildren.

Hartvig was preceded in death by his son, Ross, and his wife Carol. He is survived by a daughter and son-in-law.


Zachary Allen Zabinsky
died peacefully in his sleep Dec. 20, 2010, at his home in Portland after a courageous 45-year battle with the effects of type I diabetes. He was 56.

Zach Zabinsky was born in Tonawanda, N.Y., on July 6, 1954. At the age of seven, his family moved to Seattle and he spent the rest of his life in the Pacific Northwest. He graduated from Newport High School in Bellevue, Wash. in 1972. He attended Western Washington University and Whitman College, graduating magna cum laude from Whitman College with a bachelor’s degree in political science in 1976. He earned his law degree from the University of Oregon in 1979.

Zabinsky met his wife, Micky Ryan, in law school and after graduating together in 1979, they moved to Coos County. Zach worked at Southwestern Oregon Community Action, then at Southwestern Oregon Public Defender Service, where he began his career as a trial lawyer.

In 1983, Zach and Micky moved to Portland and Zabinsky began a solo practice, at the same time working part time at the Oregon Developmental Disabilities Advocacy Center (now Disability Rights Oregon). He later worked at the firms of Aitchison, Imperati, Paull, Barnett & Sherwood and Willner and Zabinsky.

In 1994, Zabinsky again returned to solo practice and continued in that practice until the end of his life. He principally represented clients in personal injury cases and Social Security claims. He was a member of the Oregon Trial Lawyers Association.

In addition to his love of trial work, he also loved teaching. From 2002 until 2007, he taught torts to paralegal students at the College of Legal Arts and Portland Community College.

Zabinsky served as a board member of Disability Rights Oregon from 1998 through 2004. He served as chair of the Friends of the Diabetes Institute from 1993 until 1998. He also trained and volunteered as a respite caretaker for guide dogs while they were being trained.

He traveled to 23 countries with his family. A highlight of his travels was a three-day mahout training camp in northern Thailand, where he worked alongside an elephant trainer and spent most of the day riding elephants.

Closer to home, he was an avid tennis player and gardener. He was a long time member of the Irvington Tennis Club.

Zabinsky is survived by his wife, Micky Ryan, his father, Joseph, his sister Zelda, his brother Steve, eight nieces and nephews and many family members. His mother predeceased him. A celebration of life will be held at 4 pm on April 2, 2011, at the Irvington Tennis Club.


Judge Ronald Somers
, long-time attorney in The Dalles and municipal court judge, died Jan. 3, 2011, from complications of heart disease. He was 73.

Ronald M. Somers was born Nov. 9, 1937. He attended the Willamette University College of Law, graduating in 1962 and joining the Oregon State Bar the same year. He practiced law in The Dalles throughout his career, joining the practice of Vernon L. Burda in 1962, then buying the practice from Burda in 1965. On July 11, 1967, he was seated as municipal court judge after having served two years as judge pro tem for the previous judge, Sam Van Vactor.

Though known for his stern demeanor on the bench and zealous advocacy of his clients, friends described Somers as a generous and compassionate man behind the scenes. He donated to many causes, often anonymously, and was well known for The Dalles’ Community Thanksgiving Dinner, which he founded and supported financially. He was also one of the founding members of the Oregon Municipal Judges Association. In addition, he served on the Oregon Environmental Quality Commission from 1974 to 1982 and on The Dalles Airport Commission.


The Hon. Albert E. Radcliffe, United States bankruptcy judge, died Jan. 19, 2011, of a pulmonary embolism. He was 63.

Judge Radcliffe was born April 23, 1947 in Portland. He graduated from South Eugene High School in 1965, and received a B.A. in history in 1969 from the University of Oregon. He earned his J.D. from the University of Oregon School of Law in 1972. Radcliffe was a member of ROTC and a captain in the U.S. Army. He married Nancy Goldsberry in September 1976.

Radcliffe was a charter member of Southtowne Rotary. He was a Paul Harris Fellow and also a sustaining member supporting the Rotary Foundation. In private practice he had extensive experience representing debtors, creditors and trustees in bankruptcy proceedings. He was appointed to the bench in December 1983 and served as chief bankruptcy judge for the District of Oregon from October 1999 to September 2005. While in that capacity, he was chair of the 9th Circuit Conference of Chief Bankruptcy Judges from October 2004 to September 2005. Radcliffe served as visiting bankruptcy judge for the Western District of Washington in 1994 and the Central District of California in 1993, 1996 and 1998. He also served as judge pro tempore on the Bankruptcy Appellate Panel for the 9th Circuit in Pasadena, Calif.

Radcliffe was a member of the Oregon State Bar and was admitted to practice in the U.S. District Court for the District of Oregon and U.S. Court of Appeals for the 9th Circuit. He was active in the OSB’s Debtor/Creditor Section, serving on its executive committee and continuing education subcommittee. Last year, he received the section’s Award of Merit. In 2000, Radcliffe taught creditors’ rights at the University of Oregon School of Law as an adjunct professor. He was active in the Lane County Bar Association and was a member of the association’s bankruptcy committee. He was also a member of the Roland K. Rodman Inns of Court. He co-authored the chapter entitled “Employment, Role, and Compensation of Professionals” and the 2007 Supplement to the OSB’s bankruptcy law treatise. In 2005, Radcliffe was instrumental in starting “Credit Abuse Resistance Education” (CARE), a community outreach program designed to teach high school students throughout the Eugene and surrounding area about the responsible use of credit, identity theft protection and avoiding predatory lending practices. In doing so, he interacted with hundreds of high school students and their parents over the years.

Radcliffe’s notable cases and decisions include: In re Sanchez, 384 B.R. 574 (Bankr. D. Or. 2008); In re Anderson, 382 B.R. 496 (Bankr. D. Or. 2008); In re Carlin, 348 B.R. 795 (Bankr. D. Or. 2006); In re Casserino, 282 B.R. 490 (Bankr. D. Or. 2002); In re Ritacco, 210 B.R. 595 (Bankr. D. Or. 1997); In re Heritage Mall Associates, 184 B.R. 128 (Bankr. D. Or. 1995); In re Boulders on the River, Inc., 169 B.R. 969 (Bankr. D. Or. 1994); and In re McVay, 150 B.R. 254 (Bankr. D. Or. 1993).

Friends remember Radcliffe as an exemplary jurist. “His brand of justice elevated the tangible over the abstract,” according to a statement released by the court. “He was learned in the law yet practical in applying it, never forgetting that behind the pages in a file stood real people with real problems. He treated all who appeared before him with dignity and respect, going out of his way to allow people unable to afford an attorney a fair opportunity to be heard….The entire court staff felt privileged to work with him. He went out of his way to connect with each person, greeting everyone with a smile, a kind word, and that trademark twinkle in his eye.”

Survivors include his wife of 35 years, Nancy, their two daughters, sons in-law, and two grandchildren.

 

 




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