Keith S. Dubanevich

Keith Dubanevich is a trial and appellate lawyer with over 30 years of experience in more than a dozen different jurisdictions around the country.  He focuses his practice on complex dispute resolution and has extensive experience handling multi-state and international antitrust cases, consumer litigation and securities disputes.  He was recently Associate Attorney General and Chief of Staff at the Oregon Department of Justice where he led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions.

Keith has represented small and large companies including foreign companies in arbitration and litigation in state and federal courts.  During his time with the Oregon Department of Justice, Keith was integrally involved with the adoption of legislation that expanded the Unlawful Trade Practices Act and legislation that imposed a mediation requirement prior to non-judicial foreclosures.

Representative Cases : 

Representative Cases:

Antitrust:

  • Defending two regional healthcare systems in antitrust suits brought by physicians in state and federal court.
  • Recently settled a class action case in New Jersey challenging a cable company's unlawful tying of cable services with set top boxes.  
  • Defended Japanese company in multi-district and multi-state litigation alleging price-fixing and market allocation violations in the international parcel tanker shipping market.  Lawsuits were filed in numerous state courts, and in foreign countries.  No indictments were returned against Keith's client and the civil cases all settled after multiple appeals including an appeal from an order requiring arbitration of the direct purchaser disputes.  See JLM Industries, Inc. v. Stolt-Nielsen S.A., 387 F.3d 163 (2d Cir. 2004); Stolt-Nielsen S.A. v. AnimalFeeds Internat'l Corp., 130 S.Ct. 1758 (2010).
  • Represented domestic shipping company against customer allocation allegations in multi-district litigation consolidated in Puerto Rico.

Securities Fraud / Misrepresentation:

  • Co-counsel in two securities fraud cases against major financial institutions: JPMorgan Chase and Bank of New York Mellon.  The Bank of New York Mellon case settled for $180 million and the JPMorgan Chase case settled for $150 million.
  • Represented the Oregon State Treasurer and the Oregon College Savings Plan against OppenheimerFunds for Oregon Securities Law violations causing severe and immediate losses to the college savings accounts invested through the Plan.  The Plan received over $20 million in settlement.
  • Supervised outside law firms handling class action securities cases involving billions of dollars in losses.

Complex Litigation:

  • Represented product supplier in exclusive long-term contract dispute.  Case settled for over $20 million shortly before opening statements.
  • Representing proposed class of victims in data-breach case involving health insurance beneficiaries.
  • Settled Telephone Consumer Protection Act class action claim against national food marketing company.

ERISA:

  • Represented health insurance plan beneficiaries with autism seeking to compel health insurance company to provide medically necessary care.  The Court certified a class of beneficiaries and granted injunctive relief finding a policy exclusion in violation of state and federal law.
  • Represented senior executive who sought severance benefits in arbitration after a merger of two public companies resulted in a substantial change in her responsibilities.  The executive obtained a favorable award of severance benefits.

Real Estate / Breach of Contract:

  • Represented equity investors in ownership disputes pending in bankruptcy court.  The case spawned multiple trials and dissolution of the corporate entity.
  • Represented property developer in long-term lease/sale dispute.
  • Represented real estate developer in separation dispute with former company.  Case settled on terms favorable to all parties.

Health Care:

  • Successfully defended national hospital chain at trial against exclusive dealing allegations.
  • Obtained multiple summary judgment victories in defense of antitrust allegations arising from hospital medical staff privileges disputes.

Appellate:

  • Argued State of Oregon and Oregon Public Employees Retirement Fund vs. Marsh, Inc. in Oregon Supreme Court in securities suit seeking to recover losses to the Fund due to fraud or material misstatements.  Court ruled that reliance could be proven by fraud-on-the-market doctrine.
  • Co-author of amicus briefs in the U.S. Supreme Court regarding the Affordable Care Act.
Articles
Contact Keith S. Dubanevich:

209 SW Oak St
Suite 500
Portland, Oregon 97204

Tel: (503) 227-1600
Fax: (503) 227-6840

View Keith S. Dubanevich's profile on LinkedIn
Downloads: 
Education: 
  • Tulane University School of Law, J.D., cum laude, 1983
    • Moot Court Board
    • Louisiana Trial Lawyers Award for Outstanding Advocacy
    • Order of the Barristers
  • Northeastern University, B.S., Public Administration, with high honors, 1980
  • A.A. White Dispute Resolution Center, Mediation Certificate, 1997
Admitted to Practice: 
  • Texas, 1983
  • Massachusetts, 1990 (inactive)
  • Oregon, 1998
  • United States Supreme Court
  • United States Courts of Appeal for the Second, Fifth and Ninth Circuits
  • United States District Courts for the District of Oregon, Western District of Wisconsin, Southern District of Texas, Eastern District of Texas, Northern District of Florida, Southern District of New York, and the District of Connecticut
Professional Experience: 

Stoll Berne; shareholder, 2012-present

Oregon Department of Justice; Associate Attorney General and Chief of Staff (March 2012 - September 2012); Chief of Staff and Special Counsel (October 2009 - March 2012); Special Counsel (January 2009 - October 2009)

Garvey Schubert Barer, Portland, Oregon; shareholder, 1998-2008

Fulbright & Jaworski L.L.P., Houston, Texas; partner, 1992-1998; associate, 1983-1988, 1989-1992

Hale & Dorr, Boston, Massachusetts; associate, 1988-1989

Professional Activities: 
  • Oregon Law Commission, Commissioner, 2016-present
  • Oregon State Bar
    • Business Litigation Section Executive Committee, 2002-2009; Chair, 2008; Chair-elect, 2007; Treasurer, 2007; Secretary, 2006
    • Antitrust and Trade Regulation Section Executive Committee, 2015-present
  • American Bar Association
    • Antitrust and Litigation Sections, Member
  • Owen M. Panner American Inn of Court, Master, 1998-2017

 

 

 

PUBLICATIONS:

  • "Class Arbitration: Permissible? Preventable? Who Gets to Decide?" 26 Oregon State Bar Litigation Journal 3 (2007)
  • "Jurisdiction: In Personam and In Rem," 1 Oregon Civil Pleading and Practice Chapter 2 (2006)
  • "Personal Jurisdiction in a Virtual World," Texas Bar Journal, February 2003
  • "A Brief Introduction to Product Liability Law in the United States," China Chamber of Commerce for Machinery and Electronics News Report, 3rd Issue, 2002
  • "Minimizing Exposure - Personal Jurisdiction in the Silicon Forest," 62 Oregon State Bar Bulletin 21 (December 2001)
  • "You Can Advertise, But Don't Sell That Product: Virtual Jurisdiction in Washington," Washington Law Journal, June 2001
  • "Personal Jurisdiction in the Silicon Forest," Oregon Law Journal, June 2001
  • "Health Care Litigation and Confidentiality - Unique Discovery Issues," Oregon Health Law (Summer 2000)
  • "State by State Guide to Managed Care Law," Oregon, Aspen Publishing (1999, 2000, 2001)
  • "Qui Tam Suits," Oregon Health Law (Winter, 1998/1999)
  • "Whistle-Blower Reward Programs Signal the Need to Accelerate Compliance Efforts," Patient Accounts, Healthcare Financial Management Association (August 1998)

 

PRESENTATIONS:

  • "Oregon Public Employee Retirement Fund v. Marsh & McLennan: Lessons Learned," Oregon State Bar Business Litigation Section CLE, Portland, Oregon (May 2017)
  • "Telephone Consumer Protection Act," Oregon Trial Lawyers Association, Portland, Oregon (May 2014)
  • "US Supreme Court Update: Chadbourne & Parke v. Troice; Mississippi v. Au Optronics; and Halliburton v. Erica John Fund.  What's changed and what's coming up next session." Oregon State Bar Securities Regulation Section CLE, Portland, Oregon, (June 2014)
Community Activities: 

Mazamas Mountaineering Association, Board of Directors, Chair, 2007

Hoyt Arboretum Friends, Board of Directors, 2012-present; President, 2013-2017