Kathleen Carroll Bricken

Overview

An advocate committed to helping clients resolve complex business disputes.

Kathleen is an accomplished civil litigator with a diverse practice, focusing on business disputes. She represents local, national, and international businesses in a wide range of matters, including high-value manufacturing agreement breaches, representations and warranties disputes in purchase and sale agreements, shareholder and partnership disputes, and unfair business practices. Kathleen also provides defense for commercial brokers and other business professionals.

With more than 30 years of experience, she has a proven track record of success representing clients. Her experience includes successfully trying cases in state and federal courts, handling arbitrations, and prevailing on appeals before the Oregon Court of Appeals and the Ninth Circuit. In addition, Kathleen has been involved in firm initiatives focused on developing case budgeting tools and alternative fee arrangements to better serve clients.

Kathleen is licensed to practice in Oregon, Washington and California.

Professional Activities

• Defense Research Institute, Member
  • Chair, Business Torts & Contract Litigation SLG, 2022-2024
  • Vice Chair, Business Torts & Contract Litigation SLG, 2020-2022
• Multnomah Bar Association, Member 
• Oregon State Bar, Litigation Section, Member
• Oregon Women Lawyers Foundation
  • President, 2008-2009
  • Vice President, 2007-2008
  • Grants Committee, Chair, 2006-2007
  • Board Member, 2004-2010

Community Activities

• Portland Alumnae Chapter of Tri Delta
  • Board Member, 2018-2020
  • Secretary, 2018-2020

Experience

Complex Business Disputes

• Co-trial counsel for manufacturer of goods sold world-wide relating to claims for breach of contract, fraud, and breach of fiduciary duties in the aggregate amount of $100 million.
• Lead counsel for international company relating to breach of purchase agreements in excess of $30 million.
• Lead counsel for commercial broker relating to coverage claims of $40 million in connection with Superstorm Sandy.
• Co-counsel for the State of Oregon in litigation against Oracle.
• Successful defense as lead counsel for oil recycling company against business interruption claims in excess of $20 million.

Partnership & Shareholder Disputes

• Litigated partnership dispute with claims for accounting, breach of fiduciary duties and fraud. Obtained judgment for recovery of legal fees.
• Various shareholder disputes relating to buyouts.

Professional Negligence

• Representation of accounting and commercial broker companies against various contract, professional negligence and fiduciary duty claims.

Sports & Entertainment

• Prosecuted and defended claims for commissions, breach of contract, and breach of fiduciary duties in the entertainment and sports industry, involving athletes, actors and production companies.

Noncompete/Nonsolicitation Agreements

• Immediate enforcement of various noncompete and confidentiality agreements in court by obtaining temporary restraining orders and preliminary injunctions in favor of employers. Successful defense of individuals against claims for violation of noncompetition agreements and trade secrets law, ranging in value from $1 million to $10 million.

Products Liability/Misrepresentation Claims

• Successful defense of product liability and misrepresentation claims in the agriculture industry for $40 million.

News & Insights