Oregon State Bar Bulletin — JUNE 2012
Bar People


Among Ourselves

Miller Nash attorney William Rasmussen recently helped pro bono client Portland Playhouse secure the right to remain in a 105-year-old church that it had converted into a neighborhood arts center and theater. The professional nonprofit theatre began serving the Northeast Portland’s King neighborhood four years ago, but in May 2011, received a notice from the city to cease activities because the old church building was in a residential zone. The Playhouse argued that they were allowed as a “community service” use, but a city hearing officer rejected the theatre’s land use application and instead ruled that plays were inherently a “retail and sales services” use, which is prohibited in residential zones. Together with Miller Nash attorneys Elisa Dozono and Kelly Hossaini, Rasmussen appealed the decision on behalf of Portland Playhouse, and the Portland City Council reversed the decision.

In Melanoma Mama: On Life, Death, and Tent Camping, retired attorney Constance Crooker weaves the story of her harsh treatments for late stage melanoma with the sparking tale of her solo, cross-country tent camping trip — a trip she had not expected to live long enough to enjoy. The result is a cornucopia of keen and funny observations told by an insatiably curious woman who is gregarious company on this road trip through life. See http://melanomamama.com.

The Marion County Bar Association has awarded Sean E. Armstrong of the law firm of Garrett Hemann Robertson with Pro Bono Lawyer of the Year. Armstrong received the award for his many hours of service to individuals in the area of family law. Nominated attorneys are submitted to Marion Polk Legal Aid Services, who then determines the award recipient. Armstrong, a partner in the Salem firm, is an established divorce and family law attorney. In 2011-2012, he served as president of the Marion County Bar Association, and has served on the executive committee for the OSB Family Law Section.

Mark Wada, founding shareholder of the Portland law firm Farleigh Wada Witt, has been elected president of the Campaign for Equal Justice for a two-year term beginning April 1, 2012. He will preside over the campaign as it continues its mission of ensuring access to legal services. Wada, who maintains a specialized practice representing financial service providers, is a strong advocate for equal justice and has served on the CEJ board and co-chaired its mid-sized law firm committee for a number of years.

Stoel Rives ranks No. 1 among Portland-area employers for low-car-use commuters, according to Portland Afoot’s 2012 ranking of the region’s best commuting benefits. The law firm was recognized for offering employees free mass transit passes and secure bike storage, among other benefits. Selection was based on a survey conducted by Portland Afoot, a print and online commuter publication, and the Bicycle Transportation Alliance. Stoel Rives tied with a public agency, Metro, and a nonprofit association, Lloyd Transportation Management Association, for first-place honors.

Samantha Gamboa, an associate in the Portland office of Schwabe, Williamson & Wyatt, recently joined the board of directors of Newspace Center for Photography, an educational and cultural nonprofit organization dedicated to photographic education and appreciation. Gamboa focuses her practice in the areas of environmental law and natural resources law, assisting clients in both litigation and regulatory compliance matters.

Stoel Rives partner Beverly Pearman has been elected president and chair of the Oregon Law Center, the statewide nonprofit corporation dedicated to providing free civil legal services to low-income people and families. Pearman succeeds Lou Savage, who served as president since 2002 and who will continue in the role of vice president. Pearman, who focuses her professional practice on complex business and environmental litigation, has long supported efforts to improve legal aid delivery to disadvantaged groups. As former chair of the OSB Legal Services Committee, she helped coordinate the funding and oversight of statewide legal aid programs. She also served as co-chair of the Associates Committee of the Lawyers’ Campaign for Equal Justice. Pearman currently works as a volunteer providing direct service to low-income clients through the Stoel Rives Legal Aid Clinic.

At its April board meeting, the Financial Industry Regulatory Authority appointed Portland lawyer Robert Banks to serve another term on the National Arbitration and Mediation Committee of FINRA, an independent regulator of securities firms doing business in the United States. The committee oversees FINRA’s securities arbitration forum. Banks was also named to continue to chair FINRA’s rules and procedures subcommittee and to continue to chair its discovery task force, a group created at the request of the Securities and Exchange Commission to evaluate discovery practices in securities arbitration.

Miller Nash attorney Elisa Dozono was recently recognized at the Portland Business Journal’s annual Orchid Awards luncheon, honoring Oregon’s women of influence. Twenty-five women from around the state were chosen for the award based on criteria of career accomplishments, community service, influence within the business and civic communities and the value of their contributions to their organizations. Dozono, who focuses her practice on business litigation and government relations, is president of the Oregon Asian Pacific American Bar Association, vice chair of the Metropolitan Exposition Recreation Commission (MERC) and a member of the Governor’s Judicial Screening Committee. Dozono has more than 11 years of experience in communications management and government relations, having worked for elected leaders from President Bill Clinton to Mayor Vera Katz and Gov.r John Kitzhaber. Dozono also worked for the Port of Portland and KATU-TV.

Kimvi To, an associate in the Portland office of Schwabe, Williamson & Wyatt, was recently honored by the Center for Gender & Refugee Studies for her pro bono work representing asylum seekers. To focuses her practice primarily in the area of intellectual property litigation involving a wide range of technologies, including mechanical devices, computer hardware and software.

For the past 25 years, practitioner Laura Graser has written the manual on Oregon criminal procedural law and Oregon traffic law. It has been used for in-service training of police officers and as a practical reference for defense lawyers and prosecutors. Oregon Criminal Procedure Law 2012 has been completely revised and updated, and the new edition can now be downloaded to Kindles and iPads, and the text is fully searchable. This electronic version is available at amazon.com. A hard copy version with an index should be available by the end of May 2012 from amazon.com. Both formats will be updated a few times a year.

Perkins Coie has been named one of the 2012 Top Ten Family Friendly Firms by Yale Law Women, a student organization devoted to promoting the interests of women in law school and the legal profession. This is the fourth time in the past five years that Perkins Coie has been included on this list, and is the only firm to achieve four out five category honors. Yale Law Women conducts an annual survey of law firms on the 2012 Vault Top 100 Law Firms list and produces its annual Top Ten Family Firms report to raise awareness of gender disparities within the legal profession as well as to highlight progress and innovative solutions. Perkins Coie is pleased to be part of the progress and the solutions.

Peter Jarvis, Partner in Charge in the Portland office at Hinshaw & Culbertson has been chosen as a “2012 Distinguished Legal Writing Award” recipient by The Burton Awards for Legal Achievement. He was chosen for his article, “Civility: The Ultimate Legal Weapon?”, which was published by Bloomberg Finance L.P. in the Vol. 2, No. 1 edition of Bloomberg Law Reports — Law Firm Management in April 2011. He will be honored at an event to be held at the Library of Congress on June 11, 2012. Featured speakers include U.S. Supreme Court Justice John Paul Stevens (retired). Only 35 authors were selected as winners of this year’s Burton Awards for Legal Achievement, which is run in association with the Library of Congress.

Ed Harnden, managing partner at Barran Liebman, received the 2012 MBA Professionalism Award at the organization’s annual meeting on May 21. Harnden has been practicing law for 40 years. His nomination for the professionalism award was supported by numerous attorneys, judges and law students from across the spectrum. Opposing counsel were uniformly complimentary of his temperament, his honesty, his no-nonsense approach to discovery and his interest in finding early and low-cost solutions to legal problems. He is also known for mentoring younger attorneys. Harnden has an impressive history of service to the profession. He is the current president of the Multnomah Bar Foundation and sits on the board of the Campaign for Equal Justice. He served as president of the MBA in 1996-97 and as president of the OSB in 2001.

The Oregon Chapter of the Federal Bar Association, comprised of approximately 400 federal judges and practitioners, is pleased to announce the recipients of the Hon. James M. Burns Federal Practice Award. Susan Marmadukeand Dwight Holton are the 2012 recipients of this coveted honor. The award ceremony took place at the University Club on May 17. The Federal Practice Award is given for contributions in improving the quality of federal practice in Oregon. The award is bestowed annually on both a civil and a criminal practitioner demonstrating the highest standards of professionalism. Marmaduke is chair of Harrang Long’s litigation department. Her practice emphasizes business litigation and appeals. Holton spent 15 years as a federal prosecutor and also served as head of the U.S. Attorney’s Oregon Office. Earlier this year, he was a primary candidate for Oregon attorney general.

Gary DeFrang, a partner at Wetzel DeFrang & Sandor and Bernard Chamberlain, in private practice, are the 2012 MBA Pro Bono Award of Merit recipients. They have been recognized for their outstanding efforts in representing a low-income family involved in a dispute with the Oregon Department of Revenue, which led to a successful outcome at trial before the Oregon Tax Court. DeFrang and Chamberlain donated 110 hours of their time to the case. The clients they assisted had filed a timely 2009 tax return and claimed the husband’s ill and elderly parents as dependents. The case was challenging because it is a narrow area of the law, it involved clients and witnesses who speak limited English and it required proving the level of support needed for ill and elderly parents who live in another country. (This family could not rely upon bank checking account records or credit card statements to prove their story, because their economic reality did not include bank accounts and credit cards.) The tax court’s written decision held that this is why we have courts and that the taxpayers had presented adequate proof of the support. In giving the award, the MBA noted that the efforts of DeFrang and Chamberlain epitomize the intense dedication that pro bono attorneys exhibit in obtaining access to justice for low-income persons in Oregon.

Moves

Gevurtz Menashe Larson & Howe has added longtime Oregon family law attorney Kathy Root as of counsel. Root is a nationally recognized expert in family law practice areas such as international family law, same-sex marriage, appeals, and domestic partnerships, and is a leading authority on interstate and international custody in the U.S., having litigated more than 100 contested interstate custody cases. She also focuses her family law practice on divorce involving complex property and financial issues, the Hague Convention cases and relocation. Root litigated the first petition filed in the U.S. District Court for Oregon under the Hague Convention in 1997 and is knowledgeable on international divorce and child custody disputes.

Schwabe, Williamson & Wyatt has added nationally recognized health care attorney Bruce Howell to its Portland office. Howell joins Schwabe from the Dallas, Texas office of the St. Louis-based law firm Bryan Cave and will continue to focus his practice in the area of health care at Schwabe. He has extensive experience with physician practice issues, fraud and abuse, and reimbursement. He is board certified by the State Bar of Texas Board of Legal Specialization in the practice of health law. He also handles cases involving genetics, organ transplant technology, clinical research and reproductive technology. Howell has been recognized by U.S. News-Best Lawyers in America for his health law practice and is the past chair of the ABA Medical Research – Biotechnology and Clinical Ethical Issues Interest Group.

Matthew D. Kaplan of Kaplan Law has relocated his firm to the KOIN Center. The new address is 222 S.W. Columbia St., KOIN Center Suite 1111, Portland, OR 97201; phone: (503) 226-3844; fax: (503) 943-6670; email: matthew@mdkaplanlaw.com; website: www.mdkaplanlaw.com. Kaplan continues to represent injury victims and their families in both Oregon and Washington. Many of his cases involve injuries to children, wrongful death and industrial accidents. He serves as a board member for Safe Kids Oregon.

Garvey Schubert Barer has added William J. Keeler Jr. as an owner in its Portland office. A member of the firm’s trusts, estates and charitable organizations practice, Keeler joins from Dowling, Aaron & Keeler in Fresno, Calif. Having focused for more than 35 years on estate and trust litigation, Keeler is licensed in both Oregon and California. He handles matters throughout the West Coast involving difficult estates, trusts and conservatorships. Keeler is also skilled at resolving disputes and has served as an expert witness in litigation of this sort, as well as related tax and professional negligence cases. An accomplished lecturer, he speaks regularly before estate planning councils, local and state bar associations and trial lawyer organizations.

Teunis J. Wyershas partnered with his son, Teunis Gerbrand Wyers, to extend the Wyers family’s 85-year legacy of legal service to the mid-Columbia community. Teunis J. Wyers, Sr., who served terms in the Oregon legislature, as Hood River County District Attorney and as the first district court judge in Hood River County, opened his doors in 1926. Teunis Jr., succeeded to the helm following his father’s untimely death in 1976. The new father-and-son firm continues to provide legal services, both at its Union Building offices at 216 Columbia Street, and across the river at its Bingen, Wash., office at 218 East Steuben Street. Teunis J.’s practice focuses on estate planning, small business administration and succession planning, probates, trusts, real property transactions and disputes, as well as some family law. Teunis G. has experience in family law, small business formation and management, land use and real estate, and is working to develop a civil litigation practice. Teunis J. has maintained law offices in the eastern end of the Union Building since 1990, first as a tenant, and then as an owner. “It is a rare and exciting opportunity to have my son join me in my profession,” Wyers says. “He is an articulate, caring and intuitive person and a fine lawyer already.” You can reach the Wyers firm by calling (541) 386-2210 or (509) 493-2772; website: www.wyerslawpc.com.

Sherri D. Martinelli has joined Portland’s Greene & Markley as an associate. Martinelli’s practice focuses on commercial litigation and commercial construction litigation. She is admitted to practice in Oregon and California. Martinelli brings more than a decade of experience in litigating construction, product liability and other business cases on the West Coast.

Dunn Carney is pleased to announce that JoDee K. Keegan and J. David Zehntbauer have been elected to serve three-year terms on the executive committee of the firm. This will be Keegan’s second term on the committee. Other executive committee members are managing partner Jon Bennett, Don Templeton and Jack Cooper. Dunn Carney also recognizes and thanks Bob Allen for 40 years of service on the firm’s executive committee.

Sarah E. Hunt has joined Clark Hill’s Washington, D.C., office as an associate in the firm’s environment, energy and natural resources practice group. Her practice emphasizes environmental regulatory compliance and counseling, appeals, rulemaking and government policy advocacy. Hunt earned her J.D. in 2008 from Willamette University College of Law, with a certificate in sustainability law. In May 2012, Hunt earned an LL.M., in international environmental law from Georgetown University Law Center. Hunt previously was an associate at Kevin L. Mannix, P.C., where she specialized in political law, particularly initiative, referendum and referral. Hunt also has experience advocating for crime victims’ rights and is a member of the National Alliance of Victims Rights Attorneys.

Barran Liebman is pleased to welcome Sean P. Ray and Laura Salerno Owens as associate attorneys. Ray represents management in employment matters in state court and before Oregon’s Bureau of Labor and Industries. He also works with employers to draft and revise their employee handbooks to ensure compliance with changes in the law. Ray serves as the Multnomah Bar Association’s Young Lawyers Section Membership Committee Chair and is the recipient of the 2011 MBA Young Lawyers Section’s Award of Merit. He also spends time on the Campaign for Equal Justice Associates Committee and the CourtCare Advisory Committee. In addition to being licensed to practice in Oregon, he is also a registered U.S. patent attorney. Owens’ practice focuses on employment litigation and advice. She has successfully defended employers in claims arising from discrimination and wage and hour violations, in single and class-action lawsuits. She is a Ninth Circuit lawyer representative for the district of Oregon and is the co-chair of the Young Lawyers’ Section of the Oregon Federal Bar Association chapter.

Bullivant Houser Bailey is pleased to announce that shareholders Richard Whittemore and Ron Clark have been re-elected to the firm’s board of directors for a three-year term. Whittemore and Clark, both practicing out of the Portland office, join three other shareholders, including John Bennett and Loren Podwill of the firm’s Portland office on the five-member board.

James Baldock has joined the Law Offices of Tarascio & Del Vecchio as lead attorney in their Springfield office. Baldock earned his J.D., from the University of Oregon School of Law. While serving as a clerk for Lane County Circuit Court Judge Ted Carp, Baldock saw firsthand the disadvantages many people face when they represent themselves in court. For the rest of law school, he volunteered for domestic violence and legal aid clinics, helping to ensure that victims of domestic violence and the disadvantaged were represented in court. After graduation, Baldock worked for Legal Aid Services of Oregon and tried a wide variety of cases in the areas of family law, landlord/tenant law, elder law, government benefits law and consumer law. These years provided highly relevant negotiation and litigation experience for his work at Tarascio & Del Vecchio.

Richard Mann as joined Brownstein Rask and was made partner in January. Mann is part of the firm’s litigation practice group. Mann’s practice focuses on personal injury and maritime, longshore, and harbor workers’ compensation claims

Stoel Rives is pleased to welcome three lawyers to the Portland office. Nikki Dobay returns to the firm as Of Counsel practicing in the employee benefits section of the benefits, tax and wealth management group. Dobay will be expanding her tax repertoire to include employee benefits. She also serves as an adjunct professor at the University of Oregon School of Law and was listed among Oregon Rising Stars in the field of taxation by Oregon Super Lawyers in 2009. She received her J.D. from the University of Oregon and her LL.M., in taxation from Capital University Law School. Oren Haker joins the firm as Of Counsel in the corporate group. He has represented secured lenders, bondholders and trade creditors in both in-court and out-of-court restructurings, strategic investors in distressed companies, Chapter 11 debtors, unsecured creditors’ committees, acquirers of assets in chapter 11 proceedings and liquidating trustees. His experience includes all aspects of the bankruptcy process. He has also advised officers and directors on fiduciary duties and zone of insolvency issues. Haker has represented clients in the automotive, airline, health care, energy, gaming, telecommunications, media, banking and financial services industries. Melissa Healy joins the firm as an associate in the labor and employment group. Her practice focuses on providing advice in employment law matters, representing management in employment litigation and providing traditional labor support to employers. She is the chair of the OSB New Lawyers Division’s law related education subcommittee, secretary of the Multnomah Bar Association’s Young Lawyers Section Membership Committee and assistant editor of The Affiliate newsletter, published by the ABA Young Lawyers Division.

Fisher & Phillips announces the addition of Alyssa Engelberg as an associate attorney in its Portland office. Engelberg attended Lewis & Clark Law School as a visiting student during her third year and received her law degree from the University of California, Hastings College of Law in 2011. She has held various law clerk positions in Portland. While at the University of California, Hastings College of Law, Engelberg was president of the Employment and Labor Law Student Association, and founder and president of the Hastings In-House Organization. During her second year of law school, she was an extern for the EEOC in San Francisco. Engelberg created a blog dealing with various employment and labor law issues during her third year of law school.

Greg Hitchcock has joined Brownstein Rask as an associate. He is part of the firm’s business and employee groups. Hitchcock’s practice focuses on ERISA compliance, employee benefits and nonprofit organizations.

Matthew Sweeney has joined Brownstein Rask as an associate. Sweeney is part of the firm’s litigation practice group. His practice focuses on longshore and harbor workers’ compensation claims and criminal defense.


In Memoriam

Doug Miller, a Portland and estate planning attorney, died March 22, 2012, of neuroendocrine cancer of the pancreas. He was 53.

Douglas Gilmore Miller was born June 8, 1958. He grew up in rural Connecticut with his three older brothers, attending local schools. While growing up in Stamford, Miller spent his spare time as a volunteer firefighter at the Stamford Firehouse and pursued his passion for photography and soccer. He summered at his family’s Maine lakeside cabin where he enjoyed fishing and exploring the outdoors.

In 1981, Miller graduated with majors in history and sociology from the University of Michigan. Miller attended law school at Tulane University and earned a master’s degree in taxation from New York University in 1986. Miller met his future wife, Alison Paul, while at Tulane and they were married in April 1987 in Baton Rouge, La. They lived briefly in Nashville, Tenn., where he practiced law until he obtained a clerkship at the U.S. Tax Court under Judge William Fay.

In 1989, Miller moved to Portland, where he practiced estate planning and tax law. Miller served six years on the board of trustees of the French American International School where his two children attended. Miller wholeheartedly contributed to the organizations he supported, such as annually donating 1,000 bulbs as an auction item for the French American School. Friends described him as passionate about gardening and sharing the fruits of his favorite pastime with the community and his family. Miller was a major fan of the Portland Beavers, attending games in front row seats with his kids, and was a dedicated fan of the New York Yankees. Friends remember his caring nature, friendliness to all and lighthearted sense of humor.

He is survived by his wife, two children, his mother and two brothers.

Shortly after celebrating his 90th birthday at a gala party attended by over 130 friends and family, Harvey Keller died March 21, 2012, from complications of cancer and Parkinson’s disease.

Harvey W. Keller was born Feb. 11, 1922, in Minneapolis, Minn., and grew up in Chicago. He enlisted in the U.S. Coast Guard in 1940 and served until 1945. Following World War II, he attended DePaul University School of Law. In 1946, he married Irma Lewis in Portland.

Keller was a respected attorney and the senior partner in the law firm of Keller, Gottlieb & Gorin. He was a 50-year member of the Oregon State Bar and an avid golfer. He was a long-time member of Tualatin Country Club.

He is survived by his wife, Irma; two daughters, grandchildren and great-grandchildren.

Longtime Pendleton attorney Robert (Bob) Winfield Collins Sr. died March 29, 2012, at Juniper House in Pendleton. He was 91.

Collins was born in Greenup, Ky., on Jan. 13, 1921, and spent his early life on a small family farm in the hills of eastern Kentucky, where he developed his lifelong love of the outdoors, hunting, fishing and farming. After high school Collins felt the call of the wild and hopped a train to “The West,” landing in Idaho with his brother Bill. He then enlisted in the Army Air Corps, several years before the attack on Pearl Harbor, where he was trained as a flight mechanic, gunner and crew chief. He was on active duty when the United States entered World War II in 1941. He rose to the rank of master sergeant. He was stationed during the war throughout the South Pacific, including Australia, New Guinea, Burma, Java and India, where he “flew the hump” on supply missions to China. He served in one of the few B-17 units in the Pacific theater, and flew on numerous missions under fire as a gunner and crew chief.

After the war, Collins returned to Kentucky and enrolled at Ashland Junior College, where he met his future wife, Ruth Mae Brooks. They married on Sept. 14, 1946. Collins went on to Centre College of Kentucky and earned his law degree at Vanderbilt Law School in Nashville, Tenn. Collins convinced Ruth that Oregon was their next stop and they moved to Salem in 1951. Soon they moved again, to Pendleton, where he joined the Pendleton law firm of Raley, Kilkenny & Raley and began a long and satisfying legal career. For several years he was also a partner in the law firm of Fabre, Collins & Kottkamp with his friends Harold Fabre and John Kottkamp.

After his sons Michael and Robert became lawyers and moved back to Pendleton, he founded the Pendleton law firm Collins & Collins in 1980, where he spent the rest of his career, practicing law with his sons. In 2001, he was recognized by the Oregon State Bar for 50 years of distinguished legal service in Oregon. Collins was a member of the Pendleton Elks Club, Kiwanis Club, past member of the Kentucky Bar Association and was active in the Girl Scouts of America.

Collins loved to hunt and fish and one of his greatest joys was teaching his many grandkids to fish. He and Ruth enjoyed salmon fishing on the Oregon coast, traveling with friends and picking berries and mushrooming in the Blue Mountains. His greatest pleasure came from the many family celebrations and events at the family home that he and Ruth built on McKay Creek.

After Ruth’s death in 2004, Collins married a childhood friend, Mary Emily Thompson of Louisville, Ky. She survives him, along with four children, 11 grandchildren and four great grandchildren, as well as Mary Emily’s three children.

Don Muccigrosso, widely credited as the father of Oregon’s lawyer assistance program, died April 4, 2012, in Polson, Mont.

Donald Muccigrosso was born in the Bronx, New York on March 11, 1936, and grew up in Mamaroneck, N.Y., where he worked for many years as a volunteer firefighter. He earned his law degree from Fordham University. He also worked as a criminal defense attorney with his father’s law practice in Mamaroneck for a number of years, before moving to Portland.

In Oregon, his passion for recovery and unique rapport with lawyers inspired him to start a support group for recovering lawyers, which initially met at a local restaurant. In short time, his inspiration, foresight and success in helping others pioneered what we know today as the Oregon Attorney Assistance Program.

Muccigrosso worked at the OAAP from 1982 until he retired in 1999. During these 17 years, he helped hundreds of lawyers into recovery, often saving the lives, careers and families of those he assisted. In addition, he was a powerful advocate for lawyer assistance programs around the nation, serving on the American Bar Association Commission on Lawyer Assistance Programs from 1991 to 1994, and continuing thereafter to work as an advisor for the ABA commission. In 1997, he was honored by the commission with its award of merit. When Muccigrosso retired and moved to Montana, his dedication to the cause of recovery did not stop; he continued his life’s work spreading the message of recovery.

Muccigrosso is survived by his wife and children; his sister and brother; and 14 grandchildren.

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