Oregon State Bar Bulletin — DECEMBER 2008
Bar People

Among Ourselves

Albany attorney David B. Beckham has been honored by the Arc of Oregon with the 2008 Sylvia Mann Capper Award, the Arc’s highest award for service. Beckham was honored for 15 years or organizing and setting up the Oregon Special Needs Trust, of which he has served as chair the last nine years. He was previously a member of the Arc board of directors and served as chair of the Guardianship Board for four years. He has served as legal counsel to the Linn and Benton County Arcs for the past 30 years and has assisted parents of individuals with disabilities across Oregon in creating special estate plans for their family members. He co-authored and has edited the Future Planning Guide for Estate Planners (1981, 1990 and 2004), available to attorneys through the Arc’s Salem office.

The former Debbe Stein — now Debbevon Blumenstein — of Dallas, Ore., completed her first triathlon on Sept. 7. She completed the three-phase event (.75K swim, 15.5K bike and 5K run) in 2 hours and 3 seconds during the 18th Annual Lincoln City Triathlon. Earlier this year, and in her age division, she placed in other events: fifth place in the Oregon State Fair 5K Race; third place in the Liberty House 10K Race; third place in the Girls On the Run 5K Race ; first place in the Answer 4 Cancer 5K Race; and second place in the Iris Festival 10K Race. She notes that the recent name change is a return to her Swiss birth/family name.

The Future Of Freedom Foundation in Fairfax, Va., has published "Farewell to Privacy," an original essay by Ridgway K. (Dick) Foley Jr. in the September 2008 issue of its monthly journal, Freedom Daily. Foley, of counsel to Greene & Markley, analyzes and laments the loss of personal liberty to the incursions of the surveillance state. He builds upon his 1992 analysis, "The Anonymous Life," which appeared as chapter 11 in A Man Of Principle: Essays In Honor Of Hans F. Sennholz. Foley concentrates his practice on civil appellate litigation.

Jan Kitchel a shareholder in the Portland office of Schwabe, Williamson & Wyatt, was recently inducted into the American College of Trial Lawyers at its semiannual meeting in Toronto, Ontario. Kitchel, a trial lawyer with Schwabe for more than 30 years, is a member of the firm’s litigation department. His areas of emphasis include personal injury litigation, wrongful death litigation, medical malpractice, insurance coverage litigation, business litigation, probate litigation, securities litigation, commercial litigation and motorcycle accidents.

John H. Baker shareholder in Jordan Schrader Ramis, has been designated as an accredited professional in Leadership in Energy and Environmental Design (LEED) program. Baker, who is also an architect, has been involved in the construction industry for more than 30 years. He focuses his practice on the special problems and interests construction industry clients. Baker is one of three LEED-accredited professional attorneys in Oregon and the only such design professional practicing law in the state.

Mark Griffin of Griffin & McCandlish in Portland received the Arthur H. Bryant Public Justice Award at the Oregon Trial Lawyers Association convention in August. Griffin received the award for his work on behalf of consumers defrauded in subprime lending schemes, farmworkers who were subjected to sexual discrimination in employment and wage violations, and Portland Public Schools custodians who were illegally terminated from their public service positions. Griffin practices in Portland with Jim McCandlish, who received the award in 2006.

The Lane County Bar Association announces its officers and directors for 2008-09. Serving will be: Brian M. Thompsonpresident; Matthew D. Longtin president-elect; Kristie Gibson secretary-treasurer; and Jacy F. Arnold the Hon. Eveleen Henry, Tanya C. O’Neil Martha L. Roberts, Kate Wilkinson and Jane M. Yates directors.

Mami Fujii, an associate in the Portland office of Schwabe, Williamson & Wyatt, was recently appointed to the Ambassador Board of Friends of the Children-Portland, a non-profit organization that provides at-risk children with long-term mentors. Fujii focuses her practice in the areas of tax and estate planning. She is a member of several professional and community organizations, including Oregon Minority Lawyers Association, Oregon Women Lawyers, Society for Human Resource Management, the Japan-America Society of Oregon and the Asian American Business Alliance.

Kevin B. Dull manager of labor relation for Kaiser Permanente Northwest, was recently awarded the 2008 Faculty of the Year award at the Graduate School of Business, University of Phoenix, Oregon campus.

Richard Vangelisti,a plaintiff’s personal injury lawyer in Portland, has been selected as co-chair of the Lawyer Representatives for the U.S. District Court of Oregon to the 9th Circuit Judicial Conference. He will serve on the circuit’s Lawyer Representative Coordinating Committee, which assists in planning the annual conference.

Retired Multnomah Circuit Court Judge Linda L. Bergman will receive the Ken Morrow Lifetime Achievement Award from the Oregon Criminal Defense Lawyers Association during a banquet and tribute on Friday, Dec. 5, at the Benson Hotel in Portland. Bergman began work as an attorney at Metropolitan Public Defenders in 1974 and stayed there until becoming a district court judge in 1980. She retired in 2007, and this year served as the interim director of Metropolitan Public Defenders during the search to hire a new director following the retirement of Jim Hennings. Providing a tribute to Judge Bergman will be attorneys Emily Simon and Steve Houze, and the Hon. Nan Waller. The event is open to the public. For more information, contact John Potter at (541) 686-8716.

OSB member Maureen C. Kessleran attorney and ordained minister, has co-authored a new book, The Reflective Counselor, Daily Meditations for Lawyers, published by the American Bar Association. It contains 365 daily meditations to help the pressured attorney and attorney-to-be to "slow down, look around and recall the noble impulses that brought them to the world of lawyering in the first place." Kessler practiced securities law for Goldman, Sachs & Co., for over 20 years before attending Union Theological Seminary and becoming an ordained minister. Her co-author is psychologist Greg Coffey, a clinical psychologist and life coach for attorneys and other professionals. The book is available on Amazon and at the ABA website, www.ababooks.org (click "Best Sellers").

Chris Helmer partner at Miller Nash, has been recognized by the Northwestern School of Law at Lewis & Clark College as the 2008 Distinguished Graduate. Helmer was selected from more than 7,000 alumni for the school’s 35th annual distinguished graduate award. One of the first female partners at a major law firm in Portland, Helmer was recognized for her pioneering work to overcome gender barriers within the legal community and her commitment to international law. She has more than 34 years of litigation and business law experience with particular expertise in international transactions and litigation and arbitration. She joined Miller Nash as a law clerk in 1973 while attending Northwestern School of Law at Lewis & Clark College. Helmer continued with Miller Nash after graduating and passing the bar exam in 1974. During her tenure with the firm, she has been a practice group leader, served on Miller Nash’s management committee and is currently the firm’s recruiting partner.

James E. Mountain Jr., shareholder with Harrang Long Gary Rudnick, was recently inducted into the American Academy of Appellate Lawyers at a ceremony held at the Benson Hotel during the 2008 AAAL Fall meeting. Mountain’s practice emphasizes appellate law, administrative and regulatory law, civil litigation and government relations. With more than 30 years of experience, he has briefed and argued hundreds of cases before state and federal appellate courts and is intimately familiar with the legislative, judicial and executive branches of Oregon’s government. Academy membership is by invitation only, and members must possess a reputation of recognized distinction as an appellate lawyer.


Paul Holma has joined the legal department of Catholic Healthcare West as senior counsel, construction and real estate. Holma is based in the Phoenix office. He formerly practiced construction law for many years with Portland law firms Motschenbacher & Blattner and Bradach Law Offices.

Gleaves, Swearingen, Potter & Scott announces that Cassie K. Kellogg and Harvey W. Rogers III have joined the firm as associates. Kellogg’s practice focuses on civil litigation. She earned her J.D. at the University of Oregon School of Law, where she was an active participant on the moot court board, the pro bono executive board and other organizations. Rogers joins the firm’s general corporate and business law group. He earned his J.D. from the University of Oregon School of Law, where he served on the Oregon law review’s managing board.

The Salem law office of Garrett Hemann Robertson announced three attorneys have joined the firm. They are Vivian M. Lee, Richard Montgomery and John C. Young. Lee provides legal counsel to clients in the firm’s business and tax law practice group, including corporation and partnership matters, risk management, employee benefits, 1031 exchanges and compliance. She also advises clients on HIPAA, the Gramm-Leach-Bliley Act and privacy issues. Most recently she was a regional 1031 attorney and manager for LandAmerica in Portland. Montgomery practices in the firm’s civil litigation practice group assisting in the defense of professional service providers in malpractice cases. Previously employed in Philadelphia and New York, Montgomery has served on the trial teams of multi-million dollar litigation matters and cross jurisdictional cases. He is also licensed to practice law in New Jersey and Pennsylvania. Young joins the firm’s workers’ compensation defense practice group to counsel and defend self-insured employers on issues regarding risk management, workplace safety and return-to-work accommodation. Young has held positions with the Port of Portland and the Chicago Legal Clinic.

Ball Janik welcomes three new attorneys to the firm’s Portland office. Jacob A. Zahniser, an associate in the firm’s litigation practice group, is focusing his practice in construction law and commercial litigation. He previously was the law clerk to the Hon. Richard B. Sanders, justice of the Washington Supreme Court. Zahniser received his J.D. degree from St. John’s University School of Law. He is a former member of the Screen Actors Guild and the Actors’ Equity Association and is admitted to practice in both Oregon and Washington. Mathew W. Lauritsen is an associate with his principal areas of practice in real estate, bankruptcy and creditors’ rights. He received his J.D. degree from the University of Washington School of Law, where he was an active member of the Student Bar Association and represented U.W. Law at the ABA National Conference. He is admitted to practice law in Oregon. Jennifer L. Pikeis an associate who focuses her practice in the firm’s land use department. Pike received her J.D. degree from the University of Washington School of Law. She was awarded "Best Oral Negotiations" in the school’s moot court contract negotiation competition. Pike is admitted to practice law in Oregon.

Schwabe, Williamson & Wyatt announces that Kelly Dunhamhas joined the firm’s intellectual property practice group in the Portland office. Dunham has litigation experience including: briefing of various patent, trademark and copyright related issues; deposition support; motion practice; counseling clients; conducting document review; conducting legal research and preparing legal memoranda. In addition, Dunham is a member of the Gus J. Solomon Inn of Court. Prior to joining Schwabe, Dunham worked as an associate for Klarquist Sparkman.

Jonathan D. Mishkin has joined Harrang Long Gary Rudnick as of counsel. Mishkin earned an LL.M. in taxation in 2001 and has several years of experience in corporate taxation and other business law matters with firms such as Deloitte & Touche in Washington, D.C., and Fulbright & Jaworski in Houston, Texas. His most recent experience was as a senior associate with Garvey Schubert Barer in Portland. Mishkin joins the firm’s closely-held business team and will focus his practice on federal taxation matters for both businesses and individuals, tax controversies and estate planning.

Patrick Ebbett has been appointed as assistant attorney general in the appellate division of the Oregon Department of Justice. Ebbett received his J.D. from Lewis & Clark Law School. Previously, Ebbett worked for Chilton, Ebbett & Galli in Portland and was a law clerk for the Washington attorney general’s office.

Lizzie Brodeen has been appointed as an honors attorney in the torts section of the trial division with the Oregon Department of Justice. Brodeen received her J.D. from Lewis & Clark Law School, where she served on the Environmental Law
. Previously, Brodeen clerked in the U.S. attorney’s office, and spent a year in the AmeriCorps program coaching
low-income high school students for college admission.

Kristen Berberick has been appointed as an honors attorney in the human services and education section of the general counsel division with the Oregon Department of Justice. Berberick received her J.D. from Willamette Law School, serving as note and comment editor of the law review.

Andrew Hallman has been appointed as an honors attorney in the child advocacy section of the civil enforcement division with the Oregon Department of Justice. Hallman received his J.D. from the University of Oregon Law School, where he served as operations editor and staff editor on the Journal of Environmental Law and Litigation. Previously, Hallman volunteered for Legal Aid in Pendleton.

Vanessa Nordyke has been appointed as an honors attorney in the criminal and civil rights section of the trial division with the Oregon Department of Justice. She received her J.D. from the University of Oregon School of Law, where she founded the domestic violence moot court program. Nordyke previously worked for the governor of Puerto Rico and interned for Sen. Ron Wyden and the Oregon Court of Appeals.

Sarah Weston has been appointed as an honors attorney in the child advocacy section of the civil enforcement division with the Oregon Department of Justice. Weston received her J.D. from Harvard Law School. Prior to joining DOJ, Weston spent two years as a research assistant at the Institute for Global Health in San Francisco, served as an elder law fellow at the AARP Foundation and clerked for the Center for Public Representation, working on mental health law issues.

Heather Weigler been appointed as an assistant attorney general in the charitable activities section of the civil enforcement division with the Oregon Department of Justice. Weigler received her J.D. from the University of Texas School of Law. Prior to joining the DOJ, Weigler has worked for a private law firm in Washington, D.C., and most recently, as a clerk for Judge Ellen Rosenblum in the Oregon Court of Appeals.

Perkins Coie Partner Rob Aldisert has been appointed the new managing partner for the firm’s Portland office. He is a partner in the firm’s litigation practice and has been practicing with the firm for 15 years. Aldisert’s practice focuses on the trial and litigation of business and product liability cases in the federal and state courts of Oregon, California and Washington.

Lane Powell announces that Todd M. Beutler has been elected to shareholder. Beutler has an internationally oriented practice focused on sophisticated tax, business and estate planning for a broad range of public and private companies, family businesses and high net-worth individuals, with an emphasis on tax, trust and estate controversy matters. He received his LL.M. in taxation from the University of Florida, his J.D. from the University of Toledo and his B.A. from Miami University.

Diane M. Morse (formerly Rea) has become court manager in the trial court administrator’s office for the Marion County Circuit Court in Salem. In this new role, she will supervise court personnel and court functions. Previously, she served as a hearings referee for Marion County. She also served as the chair of the Oregon Board of Parole and Post-Prison Supervision, and as a deputy district attorney for Multnomah County. Her phone number is (503) 584-4752 and e-mail is diane.m.morse@ojd.state.or.us.

Stoel Rives welcomes Anne W. Glazer to its Portland office and its technology and intellectual property practice group. She will lead the firm’s trademark practice. She was previously a shareholder at Lane Powell, where she served as chair of the intellectual property and technology practice group. She has extensive experience in all aspects of trademark, copyright, licensing, trade secret and related matters, including asset development, risk management, protection strategies, registration, maintenance and conflicts.

Emilia Gardner has joined Arnold Law Office in Eugene as an associate. As a law student at the University of Oregon, Gardner was involved with the law school’s public interest/public service organization and in her third year, served as president of the student bar association. Before joining Arnold Law Office, she served as judicial clerk to the Hon. Mustafa T. Kasubhai, Lane County Circuit Court. She can be reached at (541) 338-9111 or www.ArnoldLawFirm.com.

Stewart, Sokol & Gray is adding a new associate attorney to the firm, David A. Gilbert Gilbert received his J.D. from Notre Dame Law School, where he was an article editor of the law review. Prior to attending law school, he worked in sales and marketing. Gilbert is a member of the OSB New Lawyers Division and the Multnomah Bar Association Young Lawyers Section, where he serves on the professional development and education committee. His practice areas include business and commercial litigation, business and corporate law, construction and design, and insurance coverage and defense.

Samuels Yoelin Kantor Seymour & Spinrad announces that Anthony (Tony) J. Dal Ponte has joined the firm. Dal Ponte will assist individuals and businesses in business and commercial transactions, estate planning and administration, construction law and litigation. He is a member of the Multnomah Bar Association and the ABA. Dal Ponte earned his J.D. from the University of Notre Dame Law School, where he served as online editor for the Notre Dame Journal of Legislation.

David L. Smedema, a member of the Oregon State Bar for over 40 years, announces that he is retiring from the bar. Most recently he served as a pro-tem circuit court judge in Multnomah County for more than 10 years, and since 2003 he has been practicing pro bono law with Marion-Polk Legal Aid Services. His new passion in life is solar energy, and he’s opened a business as a solar consultant. Smedema states that his goal is to furnish individuals and business with financial information about cash grants and tax breaks that substantially reduce the cost of a solar hot water heater or photovoltaic system, while going green.

Blair Bobier has joined the New America Foundation’s Political Reform Program as its deputy director for northern California. Bobier is based in the Bay area and will work to promote electoral reforms designed to empower voters and foster more representative and accountable government. The New America Foundation is a nonprofit, nonpartisan public policy institute that invests in new thinkers and new ideas to address the next generation of challenges facing the United States. Blair Bobier can be reached at (415) 601-7052 and at bobier@newamerica.net.

Schwabe, Williamson & Wyatt announces that Anthony Burrell has joined the intellectual property practice group in the Portland office. Burrell has experience with patent preparation/prosecution, due diligence analysis, and related aspects of patent law to support licensing, acquisitions and litigation. He has extensive experience in the high-tech sector, working with Intel for more than six years as a process engineer and later as a patent engineer.

O’Donnell, Clark & Crew announces that Gilion Dumas has become of counsel to the firm. She will work in commercial, real estate and tort litigation, including child abuse cases. Dumas is an active member of the state and federal bars in Oregon, Washington and California. She is a former chair of the OSB Business Litigation Section, a former president of the Oregon chapter of the Federal Bar Association and a current member of the Republican National Lawyers Association. Most recently, she tried a Marion County childhood sexual abuse trial that resulted in a judgment of more than $4.5 million in compensatory and punitive damages.

Bridget Lynn and Sam Smith have joined Dunn, Carney, Allen, Higgins & Tongue. Lynn’s practice focuses on business, hospitality and real estate law. She received a J.D. from Willamette University College of Law and a B.A. from Seattle University. Smith’s practice focuses on litigation, primarily business litigation, construction and insurance defense and coverage. He received a J.D. from University of Oregon School of Law and a B.A. from Willamette University.

Ater Wynne is moving its Portland headquarters to the top floors of the Pearl District’s new Lovejoy Building, effective Dec. 15. The Lovejoy Building is located between N.W. 13th and 14th Avenues and Lovejoy and Marshall streets. The firm’s interest in sustainable practices and changing work habits played a key role in the site selection, according to managing partner Jonathan Ater. Partners wanted a location that is easily accessible for clients, attorneys and staff by foot, bicycle and mass transit (the Portland Streetcar stops at the Lovejoy’s doorstep). The new building’s eco roof and expected
LEED certification were also attractive, Ater says.

The Law Offices of Lauren Regan is pleased to announce its name change to Justice Law Group. The firm recently welcomed Amanda Freeman. She is a 2008 graduate of the University of Oregon School of Law. Freeman focuses her practice on federal environmental, bicycle and administrative law. The firm has a new website at www.justicelaworegon.com. The address remains 259 E. Fifth Ave., Suite 300A, Eugene, OR 97401.

The Portland office of K&L Gates has added Clifford A. DeGroot and Joseph A. Furia as associates. DeGroot’s practice focuses on business transactions and tax law. His experience includes advising early-stage companies on structuring, equity and debt financing, and contract negotiation, as well as advising financial service clients on regulatory issues. Furia is a first-year associate in the energy, environmental and natural resources practice. He earned his J.D. from Lewis and Clark College Northwestern School of Law.

Alan Dale has been hired as a deputy in the office of the Legislative Counsel and will specialize in drafting laws in the areas of crime, property taxation and unemployment compensation. Dale previously worked as an associate at Lane Powell in Portland and at Skadden Arps in Washington, D.C. and New York. He holds a J.D. from Yale Law School and a doctorate from Princeton University.

BeaLisa Sydlik has been hired as a deputy in the office of the Legislative Counsel and will draft domestic relations, juvenile, housing, guardianship and conservatorship laws. Sydlik practiced law in California for over a decade before moving to Oregon and has served as family law staff counsel for the Oregon Judicial Department for the past 10 years.
Sydlik holds a J.D. from Hastings College of Law.

Marisa James has been hired as a deputy in the office of the Legislative Counsel and will specialize in drafting laws related to public health and human services. James previously was in private civil practice in Portland. James received a J.D. from Northwestern School of Law, Lewis & Clark College.

Gordon Howard has been hired as a deputy in the office of the Legislative Counsel. Howard will draft laws related to cities, counties and public utilities. Howard was staff attorney for the city of West Linn and before practicing as an attorney had a successful career as a city planner and served as planning director for the city of West Linn. Howard received a J.D. from Northwestern School of Law, Lewis & Clark College and a master’s degree in urban planning from the University of California, Los Angeles.


In Memoriam

Longtime Medford trial lawyer Carl Brophy, a bar leader and champion of civil rights and equal access to justice, died Jan. 21, 2008. He was 84.

He was born in Penticton, B.C., to American parents. He moved with his family to Portland and graduated from Jefferson High School. He began his undergraduate studies at Oregon State University as a chemical engineering major on a basketball scholarship. In 1942, he enlisted in the Marine Corps and transferred to the University of Southern California for officer training. After serving as a lieutenant through World War II, he decided to pursue a law career and enrolled at the University of Oregon, where he received his bachelor’s and law degrees.

After admission to the bar in 1949, he moved to Medord and joined McAllister & Duncan, predecessor of what is now Brophy, Mills, Schmor, Gerking, Brophy & Paradis. He practiced law for 53 years in that firm.

Brophy was well known for his leadership and service to the community, bench and bar. At various times, he served as a volunteer pro tem circuit court judge, president of the Jackson County Bar Association, and as a member of the OSB Board of Governors, Board of Bar Examiners, the Professional Liability Fund board of directors, the Oregon Law School Board of Visitors and other local organizations. In 1970, he took a leave from his Medford practice to work pro bono on civil rights cases in Mississippi for unrepresented minorities. His efforts earned him the E.B. McNaughton Award, the Oregon ACLU’s highest honor.

He had a boundless enthusiasm for many interests and activities, including hunting, fishing, skiing, swimming, tennis, music, poetry, history, crosswords, travel and outdoor adiventures. He kept fit and was active all throughout his life.

Survivors include his wife, Retha, and their five children and 12 grandchildren.

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