Oregon State Bar Bulletin — JULY 2012
Bar People


Among Ourselves

Coni Rathbone, a shareholder with Zupancic Rathbone Law Group, has been appointed a public member of the Oregon Real Estate Board, which advises the state real estate commissioner and the governor’s office on real estate industry matters. Rathbone has practiced exclusively in real estate and corporate law for more than 23 years, 20 years of that at Davis Wright Tremaine. Her practice focuses on real estate, corporate, LLC and securities law, mergers and acquisitions, and general business transactions. She has written numerous articles for various local and national publications on the subjects of TIC workouts and real estate transactions and regularly makes presentations to real estate groups.

Black Helterline partner Mike Merchant has been elected to the Oregon Sports Authority Board of Directors. He will help further the organization’s mission to position the state of Oregon as the preferred location for select amateur and professional sports events, franchises and related activities. Merchant has practiced at the firm since 1997. He represents businesses and individuals in a variety of disputes before state and federal courts.

The 2012 Pro Bono Awards, presented by Multnomah Bar Association, Legal Aid Services of Oregon and the Oregon Law Center, have been announced. The Michael E. Haglund Award, presented to a young lawyer who, in the tradition of Michael Haglund, founder of the Volunteer Lawyers Project, displays a special commitment to pro bono services, was awarded to Natalie Hedman, who began volunteering with Legal Aid Services of Oregon (LASO) soon after being admitted to practice in Oregon in 2009. Motivated by a desire to work in family law and with victims of domestic violence, Hedman has contributed more than 300 hours of her time in representing 45 clients through the LASO Domestic Violence Project and the Pro Se Assistance Project (family law pro se clinic). She also takes direct referrals and has represented clients in various family law matters, including guardianships, divorce and custody disputes. David Canary of Garvey Schubert Barer has been honored with the Pro Bono Award of Merit, presented to a lawyer who sets an example for our legal community in providing pro bono legal services to clients who are unable to afford them. Canary has been devoted to pro bono service since the beginning of his legal career, providing services to 1000 Friends of Oregon and the Nature Conservancy. For the past 12 years, he has dedicated hundreds of hours in pro bono service to many organizations through the Community Development Law Center. Jon Fritzler is the co-recipient this year of the Senior Law Project (SLP) Volunteer of the Year Award, given annually to someone who volunteers for LASO’s senior program. Fritzler is an attorney with The Elder Law Firm (Davis, Pagnano, McNeil & Vigna). A volunteer since he joined the firm in 2000, he offers pro bono services monthly at the Neighborhood House Southwest Senior Center, as well as taking direct referrals from LASO. Often his volunteer duties take him to visits with homebound seniors who are unable to make it to a clinic site. Elizabeth Lemoine likes to fight for those less fortunate than she, and is the co-recipient this year of the Senior Law Projects’ Volunteer of the Year Award. Lemoine began volunteering when she was admitted to the bar in 2004. Since 2007, when electronic case management began, she has met with more than 200 clients. She volunteers monthly at the Hollywood Senior Center in Northeast Portland and takes direct referrals as well.

Multnomah Bar Association Young Lawyers Section (YLS) selected Mackenzie Hogan for its 2012 YLS Merit Award. Hogan serves on the YLS Membership Committee, which plans networking and other YLS socials. He conceptualized an event in conjunction with the Oregon Zoo’s annual holiday celebration, ZooLights and has helped plan other YLS events held throughout the year.

The Oregon Area Jewish Committee has presented its prestigious Judge Learned Hand Lifetime Achievement Award to Henry H. Hewitt, partner at Stoel Rives. Described by Chambers USA as “the dean of corporate law” in Portland, Hewitt served as chair of Stoel Rives twice, from 1989 to 1999 and from 2002 to 2005, and he led the firm’s business services practice group from 2005 to 2009. He has been principal legal adviser to the boards of Tektronix, PacifiCorp, Fred Meyer, Electro Scientific Industries and Medford Corp., among others. Hewitt’s professional honors are extensive, including being named Corporate Compliance Law Lawyer of the Year (2011 and 2012, Best Lawyers); selection in Best Lawyers in America for the past 25 years; merit, public service and leadership awards from the Oregon State Bar, as well as the Henry H. Hewitt Access to Justice Award.

The Oregon Area Jewish Committee has presented its 2012 Emerging Leadership Award to Julia E. Markley, a partner at Perkins Coie, where she has a diverse business and intellectual property trial practice. She also has significant appellate experience in the 9th Circuit, the Oregon Supreme Court and the Oregon Court of Appeals. This year, Markley was awarded the Portland Business Journal’s “Forty Under 40” award and served on the Judicial Selection Committee for the U.S. District Court for the District of Oregon. She was named an “Oregon Rising Star” by Oregon Law & Politics (2008-11). A frequent contributor to business and legal publications, Markley received a 2009 Standard of Excellence award for an article on patent litigation. She is the founding president of the Oregon Asian Pacific American Bar Association, a former board member of Oregon Women Lawyers, and serves on the YWCA of Greater Portland’s development committee.

Andrew Schpak, a partner at Barran Liebman, representing management in employment law matters, has been reappointed as the Multnomah Bar Association’s delegate to the ABA House of Delegates. His term will continue until August 2014, at which time his new term as the chair of the ABA Young Lawyers Division will begin.

Todd Cleek, sole owner of Cleek Law Office, has been elected to the board of Venture Portland, a partner in implementing the city of Portland’s economic development plan. The program has supported Portland’s unique business districts through training, grants and promotion for more than 25 years.

Steven Prewitt, a shareholder in the Portland office of Schwabe, Williamson & Wyatt, was recently elected to the board of Friends of Doernbecher, a nonprofit volunteer organization dedicated to long-term support for OHSU Doernbecher Children’s Hospital. The Friends have two primary programs organized by volunteer committees spanning six chapters, including the annual Heart of Doernbecher Auction and the Cards for Kids program, which sells holiday cards in local retailers around the community. Prewitt is the leader of the firm’s intellectual property and patent law practice group.

Angela Laidlaw, a shareholder at Laidlaw & Laidlaw, has been elected to the board of Bradley Angle, an organization offering survivors of domestic and sexual violence options for safety, empowerment, healing and hope. Laidlaw’s primary legal practice is dedicated to family law, with the goal of improving the lives of her clients and their families.

Rebecca Lindemann, an associate in the Portland office of Schwabe, Williamson & Wyatt, recently joined the leadership board for the YWCA of Greater Portland. Lindemann focuses her practice on complex litigation matters, primarily in the area of products liability. She regularly defends product manufacturers and sellers in state and federal court.

Joshua Marquis, Clatsop County district attorney since 1994, recently returned from an ABA seminar in Florence, Italy, where he was a presenter on regulating prosecutorial discretion. The Italian system has mandatory prosecution and no plea bargaining. Marquis was recently re-elected to the ABA’s Criminal Justice Council leadership group and named as vice chair. Marquis also recently moderated a panel in Quebec City on prosecutorial misconduct for the regional meeting of the International Association of Prosecutors. Marquis was just re-named as Oregon’s delegate to the National District Attorney’s Association (NDAA) and as the NDAA delegate to the IAP. Last month, Marquis appeared and testified before the U.S. Senate Judiciary Committee on the subject of wrongful convictions, shortly after having published an article on the same subject on the CATO Institute’s online publication “CATO Unbound” at www.cato-unbound.org/2012/03/07/joshua-marquis/rightful-convictions/. (Marquis points out that no county taxpayer dollars are expended on these trips.)

As reported in the May 2012 issue of Portland Monthly,Heather Guthrie and Marsha Murray-Lusby of Dunn Carney have been named to the magazine’s 2012 Five Star Professional List in Estate Planning in Portland. They were evaluated against 10 objective criteria such as client retention rates, client assets administered and a favorable regulatory and complaint history. The resulting list of 2012 Five Star Wealth Managers is a select group, representing less than seven percent of the wealth managers in the Portland area.

An article on immigration strategies prepared by Black Helterline partner Paul Hribernick was included as a chapter in the Thompson/Reuters publication Inside the Minds: Employing International Workers, 2012 edition. Hribernick’s article provided an analysis of how legal and regulatory processes interface with recruiting and retaining employees without U.S. citizenship. The Inside the Minds series addresses the intricacies of lawful immigration and features contributions from some of the nation’s leading law firms.

Moves

On May 31, Pat Vallerand left her part time position as director of the Survivors Justice Center and Domestic Violence Clinic at Lane County Legal Aid & Advocacy Center. While she has enjoyed her time teaching, supervising and mentoring (as a consultant since 2000 and in her current position since 2006), she is looking forward to focusing all of her time on her ongoing alternative dispute resolution practice, Oregon Mediation & Dispute Services. Vallerand has been engaged in ADR since 1998 with an emphasis on mediation of family, elder (including probate) and employment matters. She can be contacted at P.O. Box 50814, Eugene, OR 97405; phone: (541) 343-9052; email: pvall@ormediate.com; or website: www.ormediate.com.

Susan K. Eggum has joined Lane Powell as a shareholder in the labor and employment and litigation practice groups, where she focuses her practice on litigating and trying claims involving securities fraud, officer and director malfeasance, usurpation of corporate opportunity, interference with economic relations, theft of trade secrets, discrimination, harassment, retaliation, whistle-blowing and noncompetition agreements. She previously was a partner at Cosgrave Vergeer Kester.

Chris Bergstrom has joined the Washington County office of St. Andrew Legal Clinic, a nonprofit law practice providing low-cost legal advocacy for low- and moderate-income families. Bergstrom was in private practice before joining SALC. As a family law practitioner, he managed all aspects of family law including marital dissolution, child custody, parenting time and support modifications, domestic relations administrative hearings and Family Abuse Protective Act (FAPA) and stalking order hearings. He also provided pro bono representation of minor children in domestic relations matters throughout Multnomah County Circuit Court.

After 20 years in downtown Oregon City, Arthur P. Stangell and Sherrie L. Stangell have relocated their law firm to Willamette 205 Executive Suites, 1800 Blankenship Road, Suite 200, West Linn, OR 97068. They will continue serving clients in all areas of real estate, business, general civil litigation, probate and estate planning. The office telephone number of (503) 655-7659 and fax number of (503) 655-0266 remain the same.

Adina Matasaru has joined Dunn Carney as an associate. Matasaru’s practice will focus on civil litigation, insurance defense and malpractice defense. She previously was a clerk for the Hon. Darleen Ortega of the Oregon Court of Appeals.

The Portland office of K&L Gates has added B. John Casey as a partner in the commercial disputes practice. He was previously with Latham & Watkins. With a focus on securities and professional liability litigation, Casey advises clients in the accounting, financial services, private equity and consumer goods sectors on matters including complex commercial litigation, securities class actions, SEC investigations, mergers and acquisitions litigation, professional malpractice actions, and fiduciary duty disputes.

Michael Mohr has joined Miller Nash as an associate. Mohr brings experience with the state government, having worked as a summer clerk for the Oregon Department of Justice in the special litigation unit after his first year of law school. He previously served as the assistant finance director during the 2010 Perriello for Congress campaign and as an intern in the office of Sen. Ron Wyden. Mohr graduated early from the University of Michigan Law School, passing the Oregon bar exam in February and starting at Miller Nash in early March.

Sheri Osher has joined Laidlaw & Laidlaw as an associate. Osher joins the firm after working at Legal Aid Services of Oregon, where she represented victims of domestic violence in family law matters and tenants in residential disputes. She will continue serving clients in domestic relations and real estate actions, but will also be expanding her practice to include general civil litigation.

Tasha Lyn Cosimo has joined Wiscarson Law as an associate. Her practice focuses exclusively on special education advocacy, specifically assisting families with children with disabilities to receive a free and appropriate public education. She was a recent fellow for Disability Rights Oregon, practicing special education advocacy.

Gevurtz, Menashe, Larson & Howe has added Samuel J. Kuzma as an associate attorney in the firm’s Portland office. Kuzma will focus his practice on divorce, custody/parenting time and child support. He received his J.D. from Wake Forest University School of Law. Kuzma is a member of both the Multnomah County and Tillamook County bar associations.

Litigator Leslie O’Brien has joined Markowitz, Herbold, Glade & Mehlhaf as an associate. O’Brien’s practice will focus on commercial litigation, with an emphasis on breach of contract, partnership disputes, intellectual property, securities litigation and other business matters. Most recently, O’Brien was a litigation associate at Cravath, Swaine & Moore in New York City, where she represented individuals and corporations in complex civil cases in state and federal courts. One of her more publicized cases involved representation of Lifetime Entertainment Services in a dispute over rights to the reality television series “Project Runway.”

Buckley Law has moved its offices to the Kruse Woods Corporate Park in Lake Oswego. A move to larger, more modern facilities was necessary to accommodate the demands of client work and growing staff following a merger in 2011 of two firms, the former Buckley LeChevallier and the business law group of Grenley, Rotenberg, Evans, Bragg & Bodie. The firm now employs 22 attorneys admitted to practice in Oregon and 17 staff members. Additionally, some attorneys are admitted to practice in Washington, California and Arizona. The new office is located at 5300 Meadows Road, Suite 200, Lake Oswego, OR 97035. All office phone numbers, email addresses and the website address have not changed.

Guy Greco is pleased to announce that Kristina Kayl (pictured)has become associated with his office, effective April 30. Kayl is a 2009 graduate of the Oregon School of Law. She has practiced law in Newport for the past two and a half years as an associate with Pridgeon, Bjornsen & McCrum, concentrating on criminal defense. She will continue to represent persons charged with crimes on both a court-appointed and retained basis. In addition to her criminal practice, Kayl will be practicing domestic relations law and will also handle adoption matters, family abuse prevention cases, stalking cases, guardianships and conservatorships, as well as general civil litigation.

CBRE, a global real estate services company, has promoted Preston Greene to senior associate. Since joining the company in 2008, he has represented both tenants and landlords in the sale and leasing of commercial property throughout Portland and the mid-Willamette Valley, representing such clients as Netflix, Cargill, First Group, John Deere, Emeritus and Walgreens. Greene serves on the board of Portland Community Reinvestment Initiatives Inc., and is active in the Commercial Association of Brokers.


In Memoriam

Brian Booth, attorney, cultural activist and a genuine Oregon Renaissance man, died at home of cancer on March 7, 2012.

Booth was a quiet force for what he called, “All things Oregon.” He headed the boards of five statewide organizations: Oregon Parks Commission, Oregon Institute of Literary Arts, Portland Art Museum, Oregon Health & Science University Foundation and University of Oregon Art Museum.

Brian G. Booth was born in Roseburg on May 30, 1936, a fourth-generation Oregonian. He attended the University of Oregon, where he graduated Phi Beta Kappa. Among other accomplishments at U. of O., he wrote a satirical column, “The Skeptic Tank” for the Daily Emerald and helped found the Northwest Review. Following a stint in the Army, he earned his J.D. from Stanford Law School in 1962.

Booth returned to Oregon to begin a career as a corporate lawyer, specializing in securities law. He was a founding partner of Tonkon, Torp, Galen, Marmaduke & Booth. In 1983, he was selected for inclusion in the first edition of Best Lawyers in America; he has appeared in every edition since. Booth represented some of Oregon’s most prominent companies. When Nike was ready to go public in 1982, Phil Knight called Booth. (“The obvious choice,” Knight said.) For 30 years, he monitored the firm’s work for Nike, assisted countless nonprofits and mentored the next generation of young attorneys.

Booth’s civic leadership was evident early on when he served as president of the board of the Portland Art Museum in the late 1970s. With his help, the museum became financially viable, began to serve a broader public and bought and saved the renowned Gilkey print collection for future generations. Under his leadership, the museum would also acquire the Northwest Film Study Center. The Korean Gallery, part of the Crumpacker Asian Wing, is named in honor of Brian and Gwyneth Booth.

In 1989, Gov. Neil Goldschmidt appointed Booth first chair of the Oregon Parks Commission, where he served three governors. Booth led efforts to obtain adequate funding to keep beaches public and to save and expand the parks system. Most recently, Booth championed Measure 76, which amended the Oregon Constitution to continue to allow 15 percent of the revenues from the state lottery to be used for parks, beaches, wildlife habitat and watershed protection. He was also a co-founder of the Oregon State Parks Trust.

Books were always an integral part of Booth’s life. His high regard for writers influenced his founding of the Oregon Institute of Literary Arts. OILA, later to be called Literary Arts, Inc., established the Oregon Book Awards and Oregon Literary Fellowships. At home, Booth loved reading in his den surrounded by books mostly by Oregon authors or about Oregon history. He could multi-task in his den as well. Simultaneously he could watch OPB’s NewsHour, peruse the paper, listen to jazz on KMHD and carry on stimulating conversations.

Booth co-founded the Oregon Cultural Heritage Commission, which celebrates the state’s diverse literary and cultural legacy through public events, memorials and publications. He edited Wildmen, Wobblies, and Whistle Punks: Stewart Holbrook’s Lowbrow Northwest in 1992, deemed by Portland Magazine “one of the 20 greatest Oregon books ever” and named by the Oregonian as one of its top 10 history books. His publication of Davis Country: H.L. Davis’s Northwestwith co-editor Glen Love in 2009 revived another quintessential Oregon author. In 1996, Booth received the Stewart H. Holbrook Award from Literary Arts for outstanding contributions to Oregon’s literary life. His love for libraries led to a decade of service as vice chair of the Multnomah Library Foundation Board of Trustees.

In 1997, Booth and his wife, Gwyneth Gamble Booth, received the Tom McCall Leadership Award for contributions to Oregon’s quality of life. The next year they were named First Citizens of Portland. In 2004, both were honored by Friends of the Performing Arts Center with granite stars on S.W. Main Street in Portland for their community leadership.

An abiding interest for Booth for more than 28 years has been Oregon Health Sciences University. He led the team that made OHSU a public corporation. In 2008, Booth saw the fruition of the OHSU Knight Cancer Institute.

The Booth family has a motto: “Keep active, keep learning, try to create – and don’t forget a little nonsense now and then.” Booth thrived on nonsense. Whether entertaining with Gwyneth around their dining table, relaxing in a booth at the Goose Hollow Inn, or serving as an irreverent emcee, his legendary wit and playful sense of fun shined. Booth brought the same enthusiasm, curiosity, and kind-heartedness to all other aspects of his life: traveling to Tuscany, Paris and the American South; sharing and encouraging his love of books; striking up conversations; slaying tennis opponents with a wicked cross-court forehand; feeding the birds and thwarting the squirrels in his backyard.

Booth is survived by his wife of 27 years, Gwyneth Gamble Booth, a son, a daughter, two stepsons, a stepdaughter, eight grandchildren, a sister, ex-wife Anne Booth and many other relatives.

To read more about Booth, or to leave messages, visit he web page set up in his memory, www.tonkon.com/home/ memorial.html.

 

Dick Barton, a well known Portland trial lawyer and former deputy district attorney for Multnomah County, died April 7, 2012, of cancer at OHSU Hospital. His death came following a four-year struggle against renal cell carcinoma. He was 71.

Richard Lee Barton was born March 30, 1941, in Norfolk, Va. In 1943, the family moved to Portland, where Barton later attended Buckman and Catlin Hills grade schools. He graduated in 1958 from Wilson High School. Barton then attended Willamette University in Salem, graduating with a bachelor’s degree in economics. He went on to Willamette University College of Law, from which he graduated 1965, with a J.D. By late September of that year he had gained admission to the Oregon State Bar and been hired by Multnomah County District Attorney George Van Hoomissen as a deputy district attorney.

Barton built a reputation for winning trials and being a tough negotiator during plea bargaining sessions. Despite having many other talented lawyers around him, he was sufficiently youthful that some of his colleagues referred to him as “the boy wonder.”

In 1972, Barton left the district attorney’s office and established a private practice, first with two or three partners, and then eventually became a sole practitioner. He did general trial work, including domestic relations and criminal defense cases, earning a reputation as a skilled trial lawyer.

Barton was president of the Oregon Trial Lawyers Association in the early 1980s, and he served on a number of Oregon State Bar committees.

But the committee Barton cared most about was the State Lawyers Assistance Committee, which helps lawyers impaired by alcohol or drugs find a path to recovery, and which also seeks to protect the public served by such lawyers.

Another person Barton helped was a woman soldier in the U.S. Army who was deployed to Iraq in 2003. She had lost contact with her husband and young son and was unable to get a leave to deal with the situation. Barton, a former Army reservist, learned of the case through the bar’s Military Assistance Panel. He helped track down the husband and the boy and helped gain custody rights for the mother. He also handled her divorce case. Barton was one of several Oregon lawyers cited in an OSB Bulletin article (“In the Trenches,” December 2005) as examples of lawyers working pro bono to help people thorough the bar panel, with their legal problems.

In 2004, Barton retired, then for about two years served as a temporary circuit judge for Washington County.

Barton married Donna Lounsberry on Aug. 5, 1978 in Portland. Beginning in the early 1980s, they traveled widely until shortly after he was diagnosed with cancer. Among his favorite spots were Ireland and Italy and the cities of Istanbul and Amsterdam. Besides travel, Barton’s interests included history, particularly World War II, and music.

Survivors include his wife, two sons from a previous marriage, a brother and several cousins.

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