Oregon State Bar Bulletin — JULY 2008
Bar People

Among Ourselves

The American Bar Association’s Government and Public Sector Lawyer’s Division has given Oregon Court of Appeals Judge Ellen F. Rosenblum its annual Nelson Award for exceptional service to the American Bar Association. The award recognizes superior contributions to the ABA by a public lawyer. Rosenblum was elected to the ABA House of Delegates in 1988, when she was still an assistant U.S. Attorney. She has continuously served the ABA House of Delegates since and will mark 20 years of service this year. She has twice served on the ABA Board of Governors, from 1995 to 1998 as a representative from four western states and from 2001 to 2005 as secretary. Her service as secretary marks the first time that an active judge has served as an ABA officer and the second time that a woman has held that position. Rosenblum has also served on several ABA committees and coalitions.

Ater Wynne appellate attorney Lori Irish Bauman has authored an article published in the most recent issue of The Appellate Journal of Practice and Process, a scholarly legal publication that focuses exclusively on issues of the appellate court systems. The article, titled "Class Certification and Interlocutory Review: Rule 23(f) in the Courts," critiques the federal circuit courts’ application of Federal Rule of Civil Procedure 23(f), which provides for appellate review of class action certification decisions. The article appears in Volume 9, Issue 1 of the journal.

Jame P. Martin has become a fellow of the American College of Trial Lawyers. He was inducted into the college during the recent 2008 spring meeting in Tucson, Ariz. Martin is a partner in Hoffman, Hart & Wagner in Portland.

Gregory Levinson of Elzinga & Associates has recently been appointed to the board of directors of Point West Credit Union.

The Multnomah Bar Association (MBA) has selected Jeffrey M. Batchelor as the recipient of the 2008 MBA Professionalism Award. He received the honor at the MBA Annual Meeting, Dinner and Judges Reception on May 21. Batchelor, a partner at Markowitz, Herbold, Glade & Mehlhaf, was lauded by Oregon Supreme Court Justice Paul J. De Muniz for his competence, professionalism and "unmatched integrity." Batchelor has briefed and argued more than 200 appellate cases. Drawing on his background as a pro tem circuit judge, he has worked as a mediator since 1995 and as an arbitrator since 1989. He has served as a special master in federal court and as a discovery referee in state court.

Regional law firm Schwabe, Williamson & Wyatt announced today that John Mansfield, a shareholder in the firm’s Portland office, was recently elected to the chair of the board of directors for All Classical 89.9 KBPS. Mansfield focuses his practice in the areas of intellectual property litigation and advice, including patent, trade secret, trademark, copyright and other intellectual property matters. He has extensive litigation experience involving a variety of hardware and software technologies, and has litigated in numerous federal and state courts, and in the International Trade Commission.

The OSB Workers’ Compensation Section has bestowed its highest award, the Douglas W. Daughtry Award of Merit, to G. Duff Bloom, an administrative law judge and mediator at the Workers’ Compensation Board. The award was given during the group’s annual meeting at Salishan Lodge on May 16. This recognizes a section member’s commitment to the highest standards of professionalism, honesty, integrity and willing adherence to the highest ethical standards, while making outstanding contributions to the section and the hearings process.

Michelle Holman Kerin, a shareholder with Farleigh Wada Witt, has been elected president of the board of trustees for The International School, a Portland school dedicated to providing children with a comprehensive and challenging education in which fluency in more than one language is central to development. In addition to serving as president, she chairs the Human Resources Committee. Kerin’s practice focuses on litigation, employment and labor law.

Douglas Smith, Ryan Smith and Bradley Smith, franchise and business lawyers at the law firm FranchiseSmith, made a presentation at the 20th Annual Washington Retail Seminar in Seattle on June 5. Doug Smith’s presentation focused on the impact of franchising on the retail economy in the United States and around the world. Ryan Smith and Brad Smith conducted a break-out session on the new state and federal rules for the offer and sale of franchises and the "same old rules" that regulate ongoing franchise relationships.

Former Bend attorney and city councilor John Hummel recently received a Master of International Public Policy from the Johns Hopkins University School of Advanced International Studies and is now living and working in Monrovia, Liberia as the project manager for the Carter Center’s Rule of Law project. He can be reached via his Skype local phone number, (503) 616-3262, or his e-mail address, hummel3@gmail.com.

Intellectual property lawyer Leonard DuBoff of Portland was profiled in ABA’s Lawyer Spotlight in July. The short article can be found online at www.abanet.org/disability/spotlight/july08.shtml.

A grouping of 13 poems by OSB member Ron Talney were published earlier this year by the Legal Studies Forum of the College of Law of West Virginia University. Another of his poems was published this summer in Bifocal, Journal of the American Bar Association Commission on Law and Aging. Talney reports that several of his personal essays have been published in the Oregonian during the past year, as well as poems in non-law related literary journals and periodicals. He keeps busy by teaching a poetry workshop in Lake Oswego and designing and publishing small press publications of books of poetry. He will be giving a poetry reading at Willamette University on August 21, at 5:30 p.m., free to the public.



The Salem law firm of Garrett Hemann Robertson announces the addition of attorney Julia C. Smith to its family law practice group. Smith specializes in family law and divorce, including issues involving child custody, parenting time, spousal and child support, property division, adoption and guardianship proceedings. Smith graduated from Willamette University College of Law. Previously, she worked as a law clerk and attorney in Salem law firms, and as a clinical therapist in San Diego.

Drew Baumchen has opened his own law practice in Portland, The Law Office of Drew K. Baumchen. He was formerly a deputy district attorney in Wasco County. His practice will focus criminal and DUII defense, domestic relations and general civil litigation. Baumchen’s office is located in the Pennoyer Building, 714 S.W. 20th Place, Portland, OR 97205; phone: (503) 255-1446; e-mail: drew@baumchenlaw.com.

Mark Bonanno expanded his Oregon-based practice into Washington state in May 2008. His law firm provides business and compliance legal services to clients in the health care industry, and may be reached on the web at healthlawoffice.com.

Jeanette C. Schuster has joined Tonkon Torp as an associate in the real estate and environmental law practice group, focusing on environmental and renewable energy matters. Schuster earned her B.S. in zoology from Northern Arizona University and worked as a medical research assistant prior to attending law school. She graduated from Lewis & Clark Law School in 2002, and comes to Tonkon Torp with three years of experience at one of Portland’s largest law firms. Schuster is author of several papers on environmental law matters and has co-authored six papers that were published in scientific journals. During law school, she was associate editor of the Lewis & Clark Environmental Law Journal.

Leahy, Van Vactor & Cox announces that Kay Hyde-Patton has joined the firm. Hyde-Patton graduated from the U.O. School of Law and has been a member of the OSB since 2003. She was a sole practitioner for four years. Her work will emphasize estate planning and estate administration as well as business law and land use.

After 28 years of full time law practice representing injured clients and their families, Linda Rudnick took a three-year sabbatical beginning in 2005. Well rested and with an improved perspective, she returns to the practice of law and handling catastrophic injury cases for the plaintiff. Her phone, address and e-mail are as listed in the bar membership directory.

Lee D. Pritchard has joined Jensen & Leiberan as an associate. Pritchard was managing editor for the Oregon Law Review and clerked for Lane County Circuit Judge Mary Ann Bearden. For the past two years, Pritchard has worked as an associate for a general practice law firm in Washington County. Pritchard will represent family law clients. She will also do criminal law with a focus on DUII. Pritchard can be reached at (503) 641-7990 or pritchard@jensen-leiberan.com.

Danielle J. O’Brien has joined Arnold Law Office in Eugene as an associate. She has served as a judicial clerk in Lane County Circuit Court, most recently for the Hon. Kip W. Leonard in juvenile court. She also clerked for the Oregon Department of Justice family law section and Public Defense Services of Lane County. She will join Jacy F. Arnold and C. Michael Arnold in the firm’s focus on state and federal civil litigation, domestic relations and criminal defense.

The Portland office of Garvey Schubert Barer announces Jonathan Mishkin has joined the firm’s tax and benefits group as a new associate. Mishkin’s practice focuses on tax, transactions, mergers and acquisitions, estate planning, charitable organizations and tax controversy. He will counsel clients on tax matters before the IRS at both the examination and appeals levels, as well as structuring transactions to minimize tax exposure. Mishkin’s experience includes working for Deloitte & Touche in its Washington national tax office, and most recently at the law firm of Fulbright & Jaworski in Houston.

The Greenbrier Companies announces the appointment of Martin Baker as senior vice president, general counsel and chief compliance officer. Prior to his appointment, Baker served as corporate vice president, general counsel and secretary, and compliance officer of Lattice Semiconductor Corp. He previously worked at Altera Corporation and Vitelic Corp. After receiving his law degree from UCLA, Baker practiced law at the Palo Alto office of Wilson, Sonsini, Goodrich & Rosati and the San Francisco office of Graham & James.

After taking a mommy-break from the practice of law, during which time Heidi Strauch and her husband, Sayer, began the challenging and rewarding project of raising a daughter and twin sons. She has returned to the practice of law as a professional contract lawyer and is utilizing her skills and experience gained while a partner at Salisbury & Strauch to assist other attorneys with short and long term projects, primarily in the area of litigation support.

Andrea M. Nagles has joined Harrang Long Gary Rudnick as an associate in the firm’s litigation department. Nagles was admitted to the Oregon State Bar in 2004 and the U.S. District Court, District of Oregon, in 2007. She earned her J.D. from the University of Oregon School of Law.

Diane Schwartz Sykes was hired recently as the first managing attorney for the Oregon Law Center, located in Portland. Sykes will manage a staff of seven attorneys and one paralegal on cases and projects that serve low income populations in the 10 northwest counties of Oregon. Sykes started her legal career representing Spanish-speaking clients at Squires & Lopez in Portland, moved to the Oregon City office of Legal Aid Services of Oregon in 1999, where she represented clients on employment law, landlord tenant, family law and public benefits issues, and then came to the Oregon Law Center in 2004. At the Law Center, she will continue to work with Spanish-speaking communities and focus her practice on complex litigation related to employment, housing issues and some consumer law matters.

John A. Riherd has joined Harrang Long Gary Rudnick as of counsel in the business department. Riherd specializes in matters involving health law, insurance law, regulatory affairs and general business law. He has extensive experience with all types of health care plans, including health insurers, HMOs, third party administrators and welfare benefit trusts. He was formerly the senior vice president and chief legal officer for the Regence Group. Riherd is an active member of the Oregon, Washington and Idaho state bars, and has served in a variety of bar section roles.

Clint L. Narver has become an associate with Markowitz, Herbold, Glade & Mehlhaf. His practice will focus on complex commercial litigation, with an emphasis on professional liability defense, securities law and white collar criminal defense. Previously, Narver served as a judicial law clerk to Judge Alfred T. Goodwin of the Ninth Circuit Court of Appeals, and then he spent five years with the Washington, D.C., firm Williams & Connolly.

Adina Flynn has become an adviser with Ameriprise Financial and has relocated her office within the same building: The Avenue Lofts, 1400 N.W. Irving, Portland, OR 97209. Formerly in Loft 108, she now occupies Loft 324. Phone: (503) 517 1893; fax: (503) 537-1893.

Stahancyk, Kent, Johnson & Hook welcomes Jill E. Brittle to the Portland office. A native of Oregon, Brittle graduated from Portland State University and earned her law degree from the Lewis & Clark Law School.

Stahancyk, Kent, Johnson & Hook P.C. welcomes L. Zoe Wild to the Portland office. A native of California, Wild graduated from the University of Oregon and earned her law degree from Lewis & Clark Law School.

Bateman Seidel Miner Blomgren Chellis & Gram announces that Jessica L. Rizer has joined the firm as an associate attorney in the areas of affordable housing and real estate. She was previously a judicial clerk for the Hon. Steven I. Platt in the Circuit Court of Maryland. She earned her J.D. from the University of Maryland at Baltimore in 2006.

Williams Kastner, a Pacific Northwest-based law firm, announced Thomas Pedhas been elevated to member (partner) status within the firm’s Portland location. Ped focuses his practice in construction, general litigation, professional liability and product liability.

Buckley LeChevallier welcomes Kenneth Dobson to the firm as part of the litigation practice group. Dobson has extensive experience in commercial litigation in environmental cost recovery, construction defect, indoor air quality, bankruptcy, creditors’ rights and judgment enforcement. He has provided regular environmental planning and regulatory compliance advice to corporate and government clients on complex issues of land use, water rights, environmental permitting, and hazardous and solid waste management. Dobson has also assisted tribal clients in disputes involving Clean Water Act jurisdiction and worked with the Indigenous Peoples Subcommittee of the National Environmental Justice Advisory Committee in developing consultation guidelines for federal agencies.

Stahancyk, Kent, Johnson & Hook welcomes D. Althea Rodgers to the Portland office. A native of Oregon, Rodgers graduated from Juniata College and earned her law degree from Vermont Law School.

Rizzo Mattingly Bosworth has relocated its office downtown to accommodate a growing practice. The firm’s new address is 411 S.W. Second Ave., Suite 200, Portland, OR 97204; phone, fax and e-mail remain the same. The firm continues to focus its practice in environmental and toxic tort litigation, premises and product liability, professional malpractice and insurance law.

After spending most of the past decade working in the Animal Legal Defense Fund’s Portland office, animal lawyer Dana Campbell has moved with her family to Rochester, N.Y., where she has established The Campbell Law Firm. She continues to work for the ALDF, and teaches an animal law class as an adjunct professor at Cornell Law School.

Jeff Simpson has joined the Vancouver law firm of Greenen & Greenen. His practice will focus on litigation in the areas of personal injury, real estate, construction and commercial law. He received his J.D. from Willamette University College of Law and is licensed in Washington, Oregon and federal courts. Reach him at 1104 Main St., Suite 400, Vancouver, WA 98660; phone: (360) 694-1571.

Chris Frost is pleased to return to private practice as the workers’ compensation lawyer for Swanson, Thomas and Coon. Frost was a staff attorney for the Workers’ Compensation Board for two years. Prior to that, she represented injured workers as a private practitioner and as an associate with Peter O. Hansen. She is a 1992 graduate of the University of Oregon School of Law.

The Office of the State Judge Advocate (OSJA) of the Oregon National Guard proudly announces the commissioning ofTony N. García as a First Lieutenant in the U.S. Army Judge Advocate General’s Corps (JAG). García currently is assigned to OSJA, at the Oregon Military Department. He primarily assists soldiers and their dependents with various personal legal matters. Later this fall, he will attend a rigorous four-month military training course, which includes 11 weeks of military law instruction at the Army’s JAG School in Charlottesville, VA. García also has volunteered to join Oregon’s 41st Infantry Brigade Combat Team for its deployment to Iraq in 2009. Previously, he practiced law at Bullivant Houser Bailey. García also serves on the board
of directors for the Oregon Hispanic Bar Association.

Duke Tufty has joined the Portland office of Davis Wright Tremaine as an associate practicing hospitality and business law. He will regularly advise clients on structuring and maintaining successful food and beverage venues and services, with an emphasis on alcohol regulatory issues. Previously, Tufty served as associate legal counsel at RadiSys Corp. He brings over 12 years of experience working in the high-end restaurant and bar industry and possesses a unique, first-hand knowledge of the needs that arise for clients in this field.

Eugene attorney Gwendolyn Griffithhas joined the tax practice group of Tonkon Torp in Portland. Her practice is focused on advising clients of closely held businesses in matters of taxation, succession and estate planning, and the formation, reorganization, purchase or sale of businesses. She also advises many Oregon nonprofits as general counsel. Griffith’s nearly 30-year career includes both practicing and teaching law. She was a partner for nine years at Speer Hoyt in Eugene. For the past 18 months she also has served as executive director of the Oregon Facilities Authority, a state agency responsible for facilitating the issuance of tax exempt bonds for nonprofit organizations. Griffith earned her law degree in 1981 from Stanford University, where she was editor-in-chief of the Stanford Journal of International Law. She began her legal career in Florence, Italy on a one-year Ford Foundation Project on Comparative Law.

Katelyn S. Oldham announces the opening of her own practice, the Oldham Law Office. On Jan. 1, 2008, she opened her practice after having worked as an associate attorney with the Law Offices of Judy Snyder. Oldham has continued representing individuals in all employment law matters, select civil rights cases, and before professional licensing boards. She also represents individuals who have been sexually assaulted or abused. She is licensed in Oregon and Washington state and federal courts. She is the current chair of the executive committee for the OSB Civil Rights Section. She can be reached at (503) 957-3709 or katelyn@oldhamlawoffice.com. For further information, visit www.oldhamlawoffice.com.

Kate LaRiche Moore has joined Dunn Carney Allen Higgins & Tongue. Her practice focuses on environmental and natural resource law, with an emphasis on water law. She represents a broad range of clients including farmers, homeowners’ associations, nonprofits and individuals. She will be a member of Dunn Carney’s agricultural and natural resources team. Previously, Moore worked with the Law Office of Peter Mohr, and for former U.S. Sen. Donald W. Stewart on a toxic tort case. She has a J.D. from Lewis & Clark Law School with a certificate in natural resources and environmental law.

Mark Bonanno expanded his Oregon-based practice into Washington in May 2008. His law firm provides business and compliance legal services to clients in the health care industry. His latest publication entitled "Medicare Compliance: We Found a Witch!" appeared in the journal Compliance Today published by the Health Care Compliance Association in June 2008. Bonanno may be reached on the web at healthlawoffice.com.

enXco, an EDF Energies Nouvelles Company, announces the addition of Paul Kaufman as vice president and general counsel. Kaufman’s most recent corporate experience was as vice president and general counsel at Iberdrola Renewables, Inc. (formerly PPM Energy, Inc.), the second largest developer of wind projects within the United States, where he was part of the management team and responsible for the legal department. At PPM, he was engaged in financing, mergers and acquisitions, project development, commercial transactions including off-take agreements, regulatory and corporate matters. Previously, Kaufman worked directly with clients in the energy industry at Tonkon Torp and Ater Wynne, and worked for Enron Corp., in its Portland office, where he had responsibility for regulatory and government affairs in the Western United States.

Gregory E. Gill has joined Arnold Gallagher Saydack Percell Roberts & Potter as associate attorney. Gill is a 2007 graduate of the University of Oregon School of Law. Prior to attending law school, he served as an artillery officer in the U.S. Marine Corps. After law school he clerked for the Hon. Judge Rasmussen in Lane County Circuit Court. His principal areas of practice include litigation and business transactions.

The Law Office of Eden Rose Brown welcomes its newest associate, P. Freeman Green. Green received a J.D. from the University of Iowa, receiving highest honors and the Boyd Service Award in recognition of his community service. Raised in Dallas, Ore., he is excited to return home with his wife and two daughters, and looks forward to serving the local community with their estate planning needs.

Amanda L. Stanley has relocated her practice to 621 SW Alder, Suite 380A, Portland, OR 97201; phone: (503) 517-8933; fax: (503) 517-8783; e-mail: amanda_stanley@comcast.net; website: www.amandastanleylaw.com. The name of the firm has changed to Stanley Law Office, LLC. Her practice remains focused in business, tax and nonprofit law. Stanley also provides estate planning and tax preparation services.

Matthew Racine has joined the firm of Daley & Heftin Solana Beach, Calif. His practice focuses on civil litigation at the trial and appellate levels, with an emphasis on employment law, eminent domain and public entity defense. Previously, he practiced at one of Salem’s oldest and largest law firms. Racine graduated from Willamette University College of Law in 2006. He can be reached at mracine@daley-heft.com.

Sharon A. Williams, family law mediator and attorney, recently relocated her office to The Pacific Building, 520 SW Yamhill, Suite 1015, Portland, OR 97204. Her telephone number (503) 224-5775, fax (503) 221-4267 and e-mail Sharon@familylaw-mediation.net remain the same. Williams continues to focus her practice in family law mediation.

The labor and employment group of Stoel Rives is pleased to welcome Carolyn D. Walker as a partner in its Portland office. Walker’s litigation and employment counseling experience covers a wide variety of matters including: retaliation; wrongful discharge claims based on race, ethnic origin and religion; sexual harassment; disability and racial discrimination; discipline and discharge; wage and hour; breaches of employment contracts; and tort claims arising in the employment context. In addition to providing research and analysis of employment-related matters, Walker investigates and responds to governmental agency complaints filed against clients by their employees. Previously, Walker served as of counsel at Vantage Legal Solutions in Chicago, and before that she was a partner at the Portland office of Lane Powell. She is admitted to the state bars of Oregon and Texas.

The law firm of Gleaves Swearingen Potter & Scott is pleased to announce that Howard F. Feinman has joined the firm as a partner. He has practiced in the Eugene community for over 30 years. His practice will continue to emphasize estate planning and administration, all aspects of business law, and real estate matters.

Stephen Bush has moved from the products practice group to the business practice group in Schwabe, Williamson & Wyatt’s Portland office. Bush specializes in business and corporate law, health care, renewable energy products and assisting Oregon wine industry clients with business formation, licensing and transactions. He is a former trial lawyer at the firm, with a significant background in product liability defense and commercial litigation. In addition, Bush chairs the firm’s wineries & vineyards group, and works with new and established wineries, vineyards and custom-crush facilities in the Northwest on labeling/trademark issues, business entity formation, complex transactions, and business disputes.

Paul R. Allen has joined their general practice Eugene law firm of Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock. Allen, a recent graduate of the University of Oregon School of Law, will be practicing in civil litigation emphasizing the areas of real estate, business and family law. Allen can be reached at (541) 686-9160.


In Memoriam

Judge Patrick Daniel Gilroy died April 10, 2008, in Rancho Mirage, Calif., at age 75. He suffered a cerebral hemorrhage after sharing a wonderful day in Palm Desert, Calif., with his wife, Donna.

Patrick Gilroy was born and raised in North Portland and attended Central Catholic High School. He went to Oregon State University on a baseball scholarship, before graduating cum laude from the University of Portland. He received his law degree from the University of San Francisco and spent two years, active duty, in the U.S. Air Force. His law career began in the Clackamas County district attorney’s office, where he served as chief deputy for two years. He then entered private practice for 10 years in Oregon City with his friend, Bill Shumaker. In 1974, Gov. Tom McCall appointed him to the bench, where he served until Feb. 1, 2005. He was elected to five six-year terms as circuit court judge (the longest serving circuit court judge in the history of Clackamas County) and served as presiding judge for eight years.

Upon retirement, he started Gilroy Mediation and had been working part-time as a senior judge in Clackamas County. When he was not working, he was spending time with his wife and his family, and watching every pitch of every New York Yankees game.

He and Donna raised seven children and have 21 grandchildren. He valued education, taking great pride in his children’s earned degrees. He loved creating new traditions and all manner of competitions. He made the Christmas season magical and taught his children to do the same.

In addition to his wife of nearly 53 years, Donna, Gilroy is survived by a daughter, six sons (including OSB members John Gilroy and Patrick Gilroy Jr.) and his grandchildren.

Distinguished South Coast lawyer John T. Foss died May 21, 2008, in Coos Bay.

Foss was born in 1929 in Inwood, Iowa. He lived in Inwood his entire childhood and graduated from high school there in 1947. It was in Inwood that he met and later married his wife of 56 years, Dorothy.

Foss attended Augustana College in Sioux Falls, S.D., graduating in 1951. During college, he played guard on the football team and was a pitcher on the baseball team. He played minor league baseball during the summer after graduating from college while waiting for his call to military service.

Foss joined the U.S. Army during the Korean War and served in combat as a sergeant with a mortar company. After his service ended, he attended law school at the University of Iowa, graduating in 1956.

Foss was admitted to practice law in Iowa and Oregon in the summer 1956. Following law school, he worked for a year with the Oregon Legislative Council’s office in Salem. In 1957, he and Dorothy moved to Coos Bay where John became an associate with the law firm of McKeown, Newhouse & Johansen. The law firm would later become Foss, Whitty, Littlefield, McDaniel & Bodkin, and it remained as such for many years. He retired from the practice of law on Dec. 31, 2006.

Foss was highly regarded as a gifted and accomplished lawyer. His skills as a trial lawyer were recognized when he was invited to become a fellow of the prestigious American College of Trial Lawyers. He was a member of the Coos County Bar Association, serving as president in 1972, and loved reminiscing with his friends and fellow lawyers about past cases and events.

Throughout his career, Foss continued as a member of the Iowa State Bar Association and the Oregon State Bar, on which he served as a member of the executive committee of the Litigation Section from 1980 to 1983. In 2006, he was recognized by the Oregon State Bar at a ceremony near Portland for completing 50 years of law practice. His practice emphasized litigation, business and corporate law.

Foss is survived by his wife, Dorothy, and their three children.

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