2009 Archived News

Mark Friel becomes a Stoll Berne shareholder

January 1, 2009 – Stoll Berne is pleased to announce that Mark Friel has become a shareholder of the firm, as of January 1st, 2009.

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Stoll Berne Patent Infringement Litigation Team Victorious in Summary Judgment

January 2, 2009 – Stoll Berne represents Vanguard Products Group and Telefonix, Inc. in litigation to enforce U.S. Patent No. 6,799,994 against Vanguard’s primary competitor, Merchandising Technologies Inc. (MTI). On December 31, 2008, the Honorable Anna Brown of the U.S. District Court (Oregon) found that MTI’s “Freedom” products infringe 11 claims of our clients’ patent.  Judge Brown also granted summary judgment against the infringer’s equitable estoppel defense, and denied the infringer’s motion for summary judgment of invalidity.  The products at issue are power and security systems for retail displays of consumer handheld electronic devices. The remaining issues are scheduled for trial on May 18, 2009.

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Settlement reached in Pac Equities case

January 13, 2009 – Stoll Berne, along with the law firm of Esler Stephens and Buckley, represented defrauded investors in the real estate Ponzi scheme operated by Michael and Phyllis Rich and their company, Pac Equities.  The two firms have recovered $6.2 million from the Nevada law firm for Pac Equities. The Riches were both convicted of multiple counts of securities fraud, income tax evasion and mail fraud, and sentenced to federal prison. The United States District Court also appointed a Receiver to take possession of all assets of the Riches and Pac Equities, and to pursue claims on behalf of many of the defrauded investors.  Attorneys at Stoll Berne worked closely with the lawyers from Esler Stephens & Buckley on this case, which settled after the first day of trial.

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DeJong presentation to the Oregon State Bar

January 21, 2009 – Tim DeJong made a presentation to the Oregon State Bar Securities Section regarding recent dormant commerce clause challenges to the Oregon Securities Law.

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Shlachter nominated to American College of Trial Lawyers

March 4, 2009 – Stoll Berne is proud to announce that Rob Shlachter has been nominated to be a fellow of the American College of Trial Lawyers. The American College of Trial Lawyers is recognized as the premier organization of trial lawyers in the country.

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Farmers’ Insurance Class Action Going to Trial

March 20, 2009 – A class notice was mailed to Farmers’ Insurance policyholders who were charged more for insurance based on their credit scores, but were not provided the notice required by the Fair Credit Reporting Act.  The Farmers’ Insurance policyholders that are members of the class are seeking to recover between $14 and $140 million. There are over 144,000 class members in the class.  Steve Larson and Mark Friel represent the class members.

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Stoll Berne Obtains Permanent Injunction in Patent Infringement Action

May 15, 2009 – One week before trial was scheduled to begin, Stoll Berne obtained a consent judgment and permanent injunction in the patent infringement case captioned Vanguard Products Group et al. v. Merchandising Tech., No. 07-1450-BR (District of Oregon). Stoll Berne attorneys Tim DeJong and Rob Shlachter represented the patentee.  Earlier in the case, Stoll Berne obtained a court ruling that four product models infringed ten claims of the patent-in-suit.

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David Rees Appointed to Judicial Position

June 19, 2009 – We are proud to announce that Oregon Governor Ted Kulongoski has appointed Stoll Berne shareholder David Rees to be a Judge on the Multnomah County Circuit Court.  We will be sorry to lose him, but we are very proud of his accomplishment.  Mr. Rees will take office after July 1st, 2009.

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Stoll Berne Directs Cy Pres Awards

July 6, 2009 – Recently Stoll Berne requested that Cy Pres awards of approximately $30,000 be directed to the National Association of Consumer Advocates (NACA), the National Consumer Law Center (NCLC) and Public Citizen.  The court approved these awards.  Cy Pres awards are uncollected monies from completed class action matters.  The uncollected money does not go to the attorneys or law firm that worked on the case.  Instead the money goes towards suitable charities nominated by the law firm representing the class.  Steve Larson, one of Stoll Berne’s shareholders, is on the NCLC Partner’s Council which supports consumer rights.

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Stoll Berne Successfully Represents USGA

July 27, 2009 – Stoll Berne attorney Rob Shlachter and Lee Abrams of Mayer Brown, Chicago, represented the United States Golf Association (USGA) in defeating a request for a Temporary Restraining Order and Preliminary Injunction requested by golfer, Dusty Schmidt.  Schmidt sought the ability to compete as an amateur despite issuing a well-publicized challenge to play a golf-and-poker competition for $1 million.  On August 6, 2009, Schmidt dismissed the action with prejudice.

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Stoll Berne Recognized for Philanthropy

October 1, 2009 – Stoll Berne was recognized by the Portland Business Journal as one of Portland’s leading philanthropic companies, in the small-company category (revenues less than $10 million) for the 2008 financial year.  The firm was recognized as one of the top ten companies for its corporate giving and employee involvement in the community.  Stoll Berne’s 39 employees gave 2,645 hours of their own time and the firm contributed $81,525 to charitable and non-profit causes in 2008.

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Shlachter admitted to American College of Trial Lawyers

October 10, 2009 –  Today, Rob Shlachter was inducted as a fellow into the American College of Trial Lawyers.  The 59-year-old College is widely considered the leading national organization for trial lawyers (composed of jurists and attorneys from the government, plaintiff and defense bars).  Only 130 lawyers nationwide were inducted this year; and only two from the State of Oregon.  Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.  Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

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Oregon Food Bank Donations

October 20, 2009 – Guests to Stoll Berne’s 2009 Annual Fall Party combined with staff working at Stoll Berne donated just under $3,000 towards the Oregon Food Bank.  With Stoll Berne’s matching contribution, this means a total of $6,000 was donated to the Oregon Food Bank.  Ten dollars can feed a family of four for 3-5 days so this $6,000 will benefit 600 families in the local community.

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Larson Presents CLE to OSB

November 11, 2009 – On Wednesday, November 11th, Steve Larson jointly presented a CLE entitled Class Actions: What’s It Like to Actually Try One? to the Business Litigation Section members of the Oregon State Bar.

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Stoll Berne Wins Discharge for Surety

December 22, 2009 – Today, the Oregon federal court granted Stoll Berne’s motion for summary judgment in a lawsuit against TriMet.  Stoll Berne represents the surety who provided a $3 million letter of credit to guarantee the performance of a Colorado railcar manufacturer on its contract to manufacture railcars for TriMet’s Westside Express.  The federal court ruled that the surety was discharged from its obligations as a surety when, without the surety’s consent, TriMet and the railcar manufacturer materially altered the terms of their relationship, to the surety’s detriment.

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Attorney Honors in 2009

Robert Stoll, Steve Larson, and Keith Ketterling were designated as top Oregon attorneys in Business Litigation in the March/April 2009 Super Lawyers Corporate Counsel edition.

Chambers USA gave individual recognition to Gary BerneKeith KetterlingRob Shlachter, Robert Stoll, and David Lokting and listed Stoll Berne in Band 1 as being a top firm in Oregon for General Commercial Litigation.

Best Lawyers of America recognized these seven Stoll Berne attorneys in their annual publication: Robert Stoll,  Gary BerneRob ShlachterTim DeJongKeith KetterlingSteve Larson, and David Lokting.

Benchmark Litigation has lists Stoll Berne as a Highly Recommended local litigation firm in Oregon and lists the following shareholders as local litigation starsGary BerneRob Shlachter, and Scott Shorr.

Oregon Super Lawyers recognizes  Gary BerneTim DeJongKeith KetterlingSteve LarsonDavid LoktingRob Shlachter (also in Top 50), Scott Shorr and Robert Stoll.  Oregon Rising Stars recognized: Tina Beatty-Walters, Mark Friel, and Yoona Park.

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