Oregon State Bar Bulletin — JANUARY 2009
Bar People


Among Ourselves

Barran Liebman partner Nelson D. Atkin II has been awarded the 2008 Management Practitioner Award from the Labor and Employment Relations Association, Oregon Chapter (LERA). Atkin has been practicing labor and employment law since 1974. His primary area of expertise is traditional labor law representing employers in union organizing, unfair labor practice charges and collective bargaining.

Paul Kelly Jr. of Garvey Schubert Barer was recognized by the Oregon Business Association at its 8th Annual Statesman Dinner on Nov. 17. The association honored him, along with former Portland Mayor Vera Katz and former Oregon House Speaker Lynn Lundquist, for achievements in public service. In addition, the association recognized Kelly as one of six business leaders for contributions on critical public policy issues.

Robert J. McCarthy, an OSB member since 1991, has been recognized by the Oklahoma Bar Association with its 2008 Courageous Lawyer Award, given to an OBA member who has "courageously performed in a manner befitting the highest ideals of our profession." McCarthy gave testimony last year in the long-running Cobell v. Kempthorne class action suit that sought an accounting of Indian trust funds. As a field solicitor for the Department of the Interior, McCarthy testified that he had disclosed gross mismanagement to the secretary of the interior and to the inspector general and that agency audits eventually verified his claims. McCarthy identified a secret agency document that characterized its own accounting system as "nothing more than a database of misinformation." McCarthy was locked out of his office and threatened with dismissal just one day after he notified the department that he had received a subpoena to testify. He hopes to return to public service.

Cortney Duke, an attorney with Schroeder Law Offices, was recently elected to the executive committee of the Oregon Water Resources Council annual meeting planning committee. She will serve on the board for a two-year term starting January 2009. Founded in 1912 to protect water rights and encourage conservation and water management statewide, the council represents local governments in Oregon that provide irrigation water. Also, Duke was invited recently invited to join the adjunct faculty of Concordia University in Portland, where she taught business law for the 2008 fall term.

The West Multnomah Soil and Water Conservation District has hired former state Sen. Dick Springeras its new district manager. Springer is a southeast Portland native with a long history with community and neighborhood groups. He is a graduate of Princeton and the University of Oregon School of Law, and is a former Navy officer (Lt. j.g.), with service in Vietnam. Throughout his career as a lawyer, legislator and association director, Springer has long advocated for protection of the environment. As a lawmaker, his environmental voting record charted by the Oregon Environmental Council and the League of Conservation Voters was 100 percent each session, the only legislator to be so recognized. During the 1989 and 1991 legislative sessions, Springer chaired the Senate Agriculture and Natural Resources (Environment) Committee, where he sponsored Senate Bill 66; a nationally recognized recycling law. Along with his 16 years experience as a legislator, Springer has extensive knowledge in environmental law, nonprofit management and organization, fundraising, strategic planning and board development. Previously he worked as a Multnomah County deputy district attorney and as an associate at Pozzi Wilson Atchison. Springer serves as a board member of Friends of the Columbia Gorge.

Stuart K. Cohen, partner with Landye Bennett Blumstein, has been named Volunteer of the Year by the Community Associations Institute, Oregon chapter. Cohen is a past president and has been a board member since 2003. He has chaired the organization’s golf tournament for the past five years.

Jill Laney, partner at Cosgrave Vergeer Kester in Portland, has been elected the 2009 president of the local chapter of CREW, the Commercial Real Estate Women network. The 125-member organization has members representing all segments of the commercial real estate industry.

Rosemary A. Colliver has been elected president of the board of directors for Live Wire!, an independently produced radio variety show recorded in front of a theater audience in Portland and broadcast on Oregon Public Broadcasting. Collivers, an intellectual property attorney with Tonkon Torp, began her career with the Beverly Hills, Calif., entertainment law firm of Freund & Brackley.

Portland attorney Bart Day is the co-author of a chapter ("Contracts and Relationships Between Major Labels and Independent Labels") in the new edition of The Musician’s Business and Legal Guide, a book compiled by the Beverly Hills Bar Association’s Entertainment Section and published internationally by Prentice-Hall. He also recently co-authored the book Music Is Your Business: The Four Front Strategy for Success. Day’s practice focuses on entertainment law.

Paul Cosgrove, of counsel with Lindsay, Hart, Neil & Weigler, has been named vice chair of the national board of directors for State Law Resources Inc., an international referral network of independent law firms that provide legal and regulatory strategy to clients across the country. Cosgrove has over 25 years experience in government relations, representing national and state trade associations and Fortune 500 companies before the Oregon Legislature and state and local agencies and boards. He is a founding member of the Community Health Partnership: Oregon’s Public Health Institute and chaired its board of directors from 1999 until 2007.

Ball Janik partner and senior trial lawyer Richard J. Stone has been asked to lead an 18-month effort to develop the business case for increased state investment in public health. Thomas Aschenbrener, chair of the Oregon Public Health Advisory Board, gave Stone the assignment at the board’s December meeting.

Lane Powell Shareholder, Bob Maloney, has been re-elected to a third term as chair of the board for the Oregon Independent College Foundation, a nonprofit, fundraising and programming partnership of Oregon’s 10 leading private colleges and universities. Member colleges include Concordia University, George Fox University, Lewis & Clark College, Linfield College, Marylhurst University, Pacific University, Reed College, University of Portland, Warner Pacific University and Willamette University.

R. Daniel Lindahl has been elected to be a member of the American Academy of Appellate Lawyers. The American Academy of Appellate Lawyers was founded in 1990 to recognize outstanding appellate lawyers. Academy membership is limited to 500 members, and is open only to persons having a reputation of recognized distinction as an appellate lawyer. To be eligible for a membership, a nominee’s practice must have focused substantially on appeals during at least the last 15 years.


Moves

Gregory Smith has been appointed as a senior assistant attorney general in the financial fraud/consumer protection section of the civil enforcement division with the Oregon Department of Justice. Smith received his J.D. from Willamette University School of Law. Prior to joining the department, Smith was most recently a sole practitioner in private practice, and previously worked with Burt, Swanson, Lathen, Alexander, McCann & Smith in Salem.

Deena Bothello has been appointed as an assistant attorney general in the business transactions section of the general counsel division with the Oregon Department of Justice. Bothello received her J.D. from the University of Oregon School of Law. Prior to joining the department, Bothello was in private practice in Portland and Los Angeles.

Simon Whang is transferring from the appellate division to the financial fraud/consumer protection section of the civil enforcement division with the Oregon Department of Justice. Whang received his J.D. from New York University School of Law. Prior to joining the department’s appellate division in October 2007, Whang served as an enforcement officer with the Oregon Division of Finance and Corporate Securities and as a deputy district attorney for Multnomah County.

Gregory W. Levinson has founded his own law firm, Levinson Law. His practice will continue to focus on business entity formation, contracts, trademarks and estate planning. He can be reached at 1020 S.W. Taylor St., Suite 888, Portland, OR 97205; phone: (503) 222-9057.

Buckley LeChevallier welcomes Charles Harrell to the firm as part of the business and real estate transactional practice group. His practice focuses on land use, real estate, condominium and subdivision formation, and general business transactional matters. Harrell earned his J.D., with a certificate in small and emerging businesses, from Northwestern School of Law of Lewis & Clark College. Before joining the firm, he was a senior associate at Gunn, Cain & Kinney.

Gevurtz Menashe has added Paige A. De Muniz as an associate attorney. Her practice will focus on divorce, custody and parenting time. De Muniz is a member of the OSB Family Law Section, Multnomah Bar Association, Oregon Women Lawyers and the Oregon Trial Lawyers Association. She received her J.D. from the Willamette University College of Law.

Sarah M. Petersenhas joined Bullard Smith Jernstedt Wilson as an associate. Her practice includes representation of both public and private employers in all aspects of labor and employment law. Petersen graduated with a J.D. from Lewis & Clark and her B.A. from Marquette University.

Wm. F. (Fritz) Paulushas joined Metro’s natural areas acquisition program, where he is a real estate negotiator who purchases land to protect water quality and fish and wildlife habitat in the Portland metropolitan area. He can be reached at 600 N.E. Grand Ave., Portland, OR 97232; phone: (503) 813-7547; e-mail: fritz.paulus@oregonmetro.gov.

Jennifer N. Warberg has joined Bullard Smith Jernstedt Wilson as an associate. Her practice focuses on employment litigation. Warberg graduated with a J.D. from University of Wisconsin and her B.A. from University of Washington.

Thorp, Purdy, Jewett, Urness & Wilkinson announces the association of Kiffanie A. Phillips as an attorney in the firm’s Springfield office. Phillips graduated in 2008 from the University of Oregon School of Law, where she received a J.D., with certificates in estate planning and taxation. She was admitted to the Oregon State Bar in 2008 and joined the firm in October 2008.

Peter S. Leichtfuss, formerly with Larkins Vacura, has opened his own law practice in downtown Portland. He
continues to specialize in real estate transactions and litigation for individuals and businesses of all sizes. Leichtfuss can be reached at 117 S.W. Taylor St., Suite 200, Portland, OR 97204; phone: (503) 417-0444; e-mail at peter@pdxrealestatelawyer.com.

Matt Wilmot has joined Schwabe, Williamson & Wyatt in the firm’s intellectual property practice group in Portland. Wilmot has experience in advising clients on intellectual property matters including trademark, copyright and licensing issues. He has assisted in complex intellectual property litigation, drafted trademark and copyright licensing agreements, prosecuted trademark applications and assisted clients in developing and maintaining trademark portfolios. He previously worked as an associate for Dunn, Carney, Allen, Higgins & Tongue.

Peter Chamberlain recently returned to Portland after a 13-month "lap" around the United States in an R.V. with his wife. Since returning, he has resumed providing mediation and arbitration services through the formation of Chamberlain Mediation-Arbitration. He is available statewide for personal injury, professional liability, commercial and construction defect cases. He has participated in mediation training at Willamette University College of Law Center for Dispute Resolution, has been a circuit court arbitrator for more than 20 years, and is on the Oregon Court of Appeals Mediation panel. Chamberlain was recently appointed to the OSB State Professional Responsibility Board for a four-year term beginning in 2009.

Dylan Hydes, a graduate of Lewis & Clark College, Northwestern School of Law, has joined Smith, Freed & Eberhard’s personal injury group. He has previous experience in construction defect litigation and environmental law. Hydes has clerked for the Multnomah County district attorney, where he made over 100 court appearances and tried approximately 25 bench and jury trials. He has also clerked for the firm Vial Fotheringham.

Stoel Rives announces that Anne W. Glazer has joined the Portland office as a member in the technology and intellectual property group. Glazer will concentrate her practice on trademark, copyright, licensing and trade secret matters and will lead the firm’s trademark practice. Previously, Glazer was a shareholder at Lane Powell, where she served as chair of the intellectual property and technology practice group. She has extensive experience in asset development, risk management, protection strategies, registration, maintenance and conflicts. Glazer also handles all forms of intellectual property licensing, and regularly advises clients on advertising compliance, labeling, contracts, distribution, franchising and other sales and trade regulation issues. She serves on the boards of the Oregon Business Association and Free Geek.

SAIF Corp. has hired three trial attorneys in its legal services division. Seana Reicholdreceived her J.D. from Willamette University College of Law. Previously, she worked as a legal intern at SAIF, a legal intern at the Oregon Department of Justice and as a registered nurse. Elaine Goeders received her J.D. from Willamette University College of Law. Previously, she worked as a law clerk at the Immigrant Law Center of Minnesota. Ben Stewart received his J.D. from Willamette University College of Law. Previously, he worked for the Oregon Law Commission and for a lobbying firm in Washington, D.C.

Christian F. Boenisch, a business transactional attorney, has joined Harrang Long Gary Rudnick in its Portland office. Boenisch served for several years as an assistant attorney general for the business transactions section of the Oregon Department of Justice. More recently, he has acted as deputy counsel for Lithia Motors. Boenisch will focus his practice on business transactions, labor and employment law, and related advice.

Nicole L. Robbins has joined the Law Office of Erin Olson, where her practice will focus on the representation of crime victims, including victims of child sexual abuse and elder abuse, in civil and criminal cases. Robbins received her J.D. from Northwestern School of Law in 2003, and has spent the past five years as a Multnomah County deputy district attorney.

Holland & Knight has announced Sara Heskett, senior counsel in the firm’s business section, has been elected to partnership, effective Jan. 1. Heskett practices in the areas of real estate, syndication and partnership, low-income housing tax credits and general corporate law. She received her J.D. from the University of Florida College of Law.

Robert J. McCarthy was recently named general counsel to the United States Section of the International Boundary and Water Commission, in El Paso, Texas.

Ted Bernhard, former managing director and a leader of the clean technology group at Cascadia Capital, has joined Davis Wright Tremaine’s Portland office. Bernhard focuses on rapid-growth clean and other high technology enterprises, as well as on innovative renewable energy development companies. He has handled complex transactions for more than 100 of the Pacific Northwest’s fastest growing public and private technology companies, represented some of the nation’s leading investors in the sector, served as a general partner for a venture capital fund, and most recently acted as managing director of the region’s largest boutique technology investment bank, focusing on clean-tech deals.

Stoll Berne announces Mark A. Friel has become a shareholder of the firm as of Jan. 1. Friel started as an associate with the firm in August 2000. He holds a B.A. from Willamette University, an M.A. from the University of New Mexico and a J.D. from the University of California at Berkeley (Boalt Hall). His practice will continue to focus on securities litigation, class actions and complex commercial litigation.

Troy A. Pickard, a graduate of the University of San Diego School of Law, has joined Smith Freed & Eberhard’s personal injury group. He was previously a deputy public defender in Riverside County, Calif. He has previously clerked with public defense offices in Portland and San Diego.

The Business Law Centre announces the addition of Casey K. Whelan as a new associate. Whelan graduated Order of the Coif from the University of Oregon, School of Law in 2008, where he also helped found the Law Students for Sustainable Business. Whelan will represent the firm’s small business clients and counsel entrepreneurs who develop and market sustainable products or employ sustainable business practices.

Effective Jan. 1, the attorneys and staff of Newcomb, Sabin, Schwartz & Landsverk have combined with Miller Nash to form an expanded legal team. Jack Schwartz, Wayne Landsverk, Jeff Chicoine and Brian Thompson joined Miller Nash as partners, and Merril Keane comes to the firm as a third-year associate. The combined organization grows the firm to 122 attorneys, located in Portland and central Oregon, and Seattle and Vancouver, Wash. As part of this transition, the former Newcomb Sabin attorneys will be members of a new Newcomb Sabin practice team within Miller Nash. While not formally affiliating with Miller Nash, Newcomb Sabin partner Verne Newcomb will continue to be available to provide expertise and consultation. The former Newcomb Sabin attorneys and staff will be based in Miller Nash’s Portland office, located at 3400 U.S. Bancorp Tower, 111 S.W. Fifth Ave.

The Oregon Built Environment and Sustainable Technologies Center (Oregon BEST) has hired Susan Safford, a former environmental attorney and community affairs specialist, to serve as its operations director. Safford is a former environmental outreach manager for the Port of Portland who served as an administrator of the Oregon Hanford Waste Board for the Oregon Department of Energy and as an environmental attorney with Stoel Rives. Safford holds degrees from Princeton University and the Northwestern School of Law of Lewis & Clark College.

Water law attorney Janet Neuman has joined Tonkon Torp as chair of the firm’s water law practice. Neuman is a professor and former associate dean of faculty at the Lewis & Clark law school. She co-directs the school’s Natural Resources Law Institute. She is currently on sabbatical from the law school. Neuman was an associate at Tonkon Torp from 1981 to 1987. A frequent speaker and writer on water law and policy, Neuman is past president of the Oregon Water Trust and a former member of the State Board of Forestry. She served on the Western Water Policy Review Advisory Commission, appointed by President Clinton, which in 1998 released recommendations on the future role of the federal government in Western water management. She is a member of the board of directors of the Freshwater Trust.

Stahancyk, Kent, Johnson & Hook is announces the addition of two new associates, Doug Miltenberger and Michael Hallas. Hallas graduated from the University of California, Santa Cruz, and earned his law degree from the Lewis & Clark law school in 2001. His emphasis is family law. Miltenberger graduated from Bates College in Lewiston, Maine and acquired his law degree from Penn State University Dickinson School of Law in 2003.

Bullivant Houser Bailey announces Abby Wool Landon has been appointed as shareholder, effective Jan. 2. Landon, a member of the firm’s Portland office, has an extensive background in the areas of estate planning, including wills and trusts, complex business transactions and business succession. She also assists Northwest tribes on compliance issues with the American Indian Probate Reform Act.

Perkins Coie has announced new partner and of counsel promotions for 2009. In Portland, Christopher Richand Erick Hayniewere elected to partnership. Roger Alfred, Julia Markley and Andrew Solomonare now of counsel.

Ryan W. Collier has opened a new practice in Salem. Collier is licensed to practice in Oregon and Washington and has an emphasis on advising clients on estate planning, probate and trust administration, making small businesses stronger and helping clients with real estate transactions. He is a graduate of the University of Puget Sound and Willamette University College of Law. He was recognized as Lawyer of the Year in 2005 by the Marion-Polk Volunteer Lawyer Project and was president of the Marion County Bar Association. He currently serves as board member and past president of the Salem Leadership Foundation, a faith-based nonprofit organization, and board member for the Boy Scouts of America, Cascade Pacific Council chapter. Collier’s new office is located at 1011 Liberty St. S.E., Salem, OR 97302; phone: (503) 485-7224.

Johnson, Clifton, Larson & Schaller announces that Gloria Trainor has joined the firm’s litigation team. Trainor’s practice focuses on complex civil litigation, including medical malpractice, product liability, catastrophic injury and wrongful death. She earned her J.D. in 2008 from the University of Oregon School of Law, where she was a child advocacy fellow, co-director of the Women’s Law Forum and a judicial extern for the Hon. Ann Aiken. She can be reached at (541) 484-2434 or GTrainor@jclslaw.com.

Fredrick Huebner of Seattle announces the formation of his mediation, arbitration and neutral evaluation services practice, concentrating on the resolution of securities, trust, investment, contract, franchise, employment, fair competition and intellectual property disputes. During his 26-year litigation career Huebner concentrated his practice in state and federal trial and appellate courts; in securities and commercial arbitration; and before securities regulatory authorities including the SEC. Huebner received his mediation training through the Harvard Law School program on negotiation. He remains of counsel to Cable, Langenbach, Kinerk & Bauer in Seattle, and is admitted in Washington and Oregon. He can be reached at FDHLAW@aol.com or fdh@fredrickdhuebner.com; phone: (206) 851-8726; website: www.fredrickdhuebner.com.

Paul Vames has joined Harris Law Firm in Hillsboro. He will focus on civil litigation with particular emphasis in personal injury. He is in his 13th year of practice and is admitted in Oregon and Nevada. Vames has wide ranging experience in the areas of civil litigation, insurance law, catastrophic injuries, automotive liability, premises liability and construction litigation.

Mark Kempof Pendleton is the new prosecuting attorney for the Confederated Tribes of the Umatilla Indian Reservation.

Bullivant Houser Bailey recently transferred the firm president role to Beth Skillern. She has practiced law with Bullivant for more than 20 years and has served in several management positions, most recently as the firm’s general counsel. Prior to her new role at Bullivant, Skillern advised insurance companies on coverage determinations and claim handling. She has represented insurance companies in lawsuits to resolve coverage issues and bad faith claims, including class action lawsuits, faulty construction, trademark infringement and environmental damage claims. She is a frequent speaker on insurance issues. Skillern succeeds David Ernst, who will focus his time on his practice of food-borne illness and general litigation. He served as firm president for a three-year term, serving 11 years in leadership at Bullivant.

 

In Memoriam

Matthew A. Chancellor died at the age of 38 on Oct. 30, 2008 in Salem.

Chancellor grew up in Fremont, Calif., where he graduated from Mission San Jose High School in 1988. He attended San Jose State University, earning a bachelor’s degree in criminal justice. He received his law degree from Willamette University in 1997. He worked for the Jackson County district attorney’s office for the majority of his law career.

He is survived by his wife, three daughters, his parents, siblings, nieces and nephews and his grandmother.

 

Yamhill County Circuit Court Judge Carol Jones died from breast cancer in McMinnville on Dec. 26, 2008. She was 53.

Jones was born Jan. 18, 1955 and raised in Cedar Mill, west of Portland. She attended Sunset High School and graduated in 1973. She earned a bachelor’s degree from Southern Oregon University in 1977 and then attended Lewis & Clark’s Northwestern School of Law, earning a J.D. in 1985. She practiced in Hillsboro until moving to Yamhill County in 1993. Jones was executive director of Yamhill County Defenders from 1999 to 2004, when she was appointed to the bench. She was elected to a full term in November 2004.

She married David Johns in August 1992 in Eagle Cap Wilderness in northeast Oregon. Together they enjoyed hiking in the back country and white water rafting. She loved diving, gardening, playing the piano, and she danced with the Royal Scottish Dance Society.

Jones was passionately devoted to justice as an attorney and judge. She also volunteered time and other resources to ensure that those most lacking a voice in the councils of power were heard: wild creatures and wild places. It was in the mountains and oceans that she felt most at home. She was a member of the Oregon Natural Desert Association, Oregon Wild and the Wildlands Network and supported Homeward Bound Pets. She also served on the board of Henderson House.

Jones is survived by her husband, of McMinnville, her father, a daughter and three brothers.


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