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Overview

For more than 40 years, Gary has concentrated on helping clients in the prevention, resolution, arbitration and litigation of business and commercial disputes.

Gary has a special emphasis in the areas of securities, real estate, antitrust, financing, trade regulation and other complex business-related matters. He is a highly respected trial attorney who has successfully tried dozens of cases in state and federal courts primarily in Oregon and Washington. His experience includes litigating major corporate, securities and real estate cases, many of which were certified as class actions.

Gary has written law review and continuing legal education articles and has lectured on federal and state securities matters, antitrust and trade regulation, litigation and arbitration, professional negligence and damages. He has served as an expert witness on securities compliance, professional malpractice, and both supporting and opposing petitions for allowance of attorneys' fees. Gary joined Garvey Schubert Barer and its litigation group in 2011 after 30 years as co-founder of the Portland business law firm, Grenley Rotenberg Evans Bragg & Bodie.

Professional Activities

  • Federal Bar Association, Oregon Chapter
    • Member, 1975 – Present
    • Alternative Dispute Resolution Committee, Chair, 1993-1994
  • Multnomah Bar Association
    • Member, 1975 – Present
    • Judicial Screening Committee, 2002 – 2006
  • Oregon Legislature-appointed Elder Abuse Work Group, Member, 2013
  • Oregon State Bar
    • Antitrust and Trade Regulation Section
      • Member, 1975 - Present
      • Chair, 2000-2001
    • Dispute Resolution Section, Executive Committee, Member, 1992 – 1993
    • Litigation Section, Member, 1975 – Present
    • Securities Section
      • Member, 1975 – Present
      • Executive Committee, 1978 – 1981
  • Oregon Trial Lawyers Association
    • Member, 1975 – Present
    • Business Litigation Section, Chair, 1991-1992

Community Activities

  • Court Appointed Special Advocate for Children (CASA), Board of Directors, 2008-2017
  • Edison High School, Board of Directors
  • Jesuit High School Mock Trial Team, Coach
  • Lewis & Clark Law School, Board of Visitors
  • Multnomah Athletic Club, Member
  • Portland City Club, Past Member
  • Portland Golf Club, Member

Experience

Experience

  • Current Cases
    • Gary is representing a major, international accounting firm in defense of a federal class action lawsuit alleging violation of state securities law arising from the collapse of Aequitas Capital Management. Claimants are seeking over $500 million for some 1,500 putative class members. Complicating the defense, there are four other civil cases filed in state court by some 250 investors also pending in Oregon, as well as a civil securities lawsuit filed by the SEC in federal court.
    • Gary is defending a number of related United Arab Emirates (UAE)-based entities against claims filed by a U.S. public company in six different U.S. jurisdictions. The cases arose from a major construction project in the UAE that resulted in disputes arbitrated in the International Chamber of Commerce arbitral forum in Paris, ending in a $63 million award against our client before we were hired. The U.S. cases seek to collect this award, and the Garvey Foster clients are challenging its authenticity and enforceability, resulting in dismissals of all cases which the plaintiff is currently appealing in state and federal courts of appeals. Foster Garvey offices in Portland, Seattle, New York and Washington, D.C. have been enlisted to defend these claims brought by one of the world’s largest law firms.
  • Recent Jury Trials
    • Construction Defect Trial.  In December 2015, Gary successfully represented a homeowner client in a construction defect case on the Oregon coast in which the jury awarded Gary's client more than $400,000 in repair costs.  
    • Employment Trial.  In early 2014, Gary, with Paul Trinchero as his second-chair, tried a two-week jury trial in state court resulting in a verdict for their plaintiff-clients awarding the entire amount of their proven damages. Plaintiffs’ claims resulted from their lumber trading as commissioned employees of subsidiaries of Forest City Trading Group. When the Forest City companies received additional revenues in 2010 from an antitrust settlement and refused to pay the resulting commissions to all their commissioned traders, this lawsuit was filed. After almost three years of litigation on a 100% contingent fee basis, the case went to trial in Portland.  After getting a verdict for the prayer, the trial court awarded Gary and his clients over $1 million in attorneys’ fees and costs, and the case was soon thereafter settled.
  • Representative Cases:
    • Aequitas Securities Class Action – Accountant Defense
    • Agbanc Securities Litigation
    • Assisted Living Concepts – Securities Class Action
    • Baker Group Securities Litigation
    • Bank of the Nations Securities Litigation
    • Canyon Property Management – Commercial Real Estate Investments
    • Digimarc Securities Litigation – Class Action
    • Electro Scientific Securities Litigation – Class Action
    • Enron / Portland General Electric – Securities Class Action
    • Far West Federal S & L – RTC Officer & Director Defense
    • Far West Federal S & L – Securities Class Action Defense
    • Flir Systems Derivative Litigation – Class Action
    • Forest Creek Apartments – Construction Defect
    • Hollywood Entertainment Derivative Litigation – Class Action
    • Kiranen Multi-Level Marketing Litigation
    • Lattice Securities Litigation – Class Action
    • Louisiana Pacific ERISA Litigation – Class Action
    • Merix Derivative Litigation – Class Action
    • Metropolitan Mortgage – Securities Class Action
    • Microsoft Antitrust Litigation – Class Action
    • Nike Securities Litigation – Class Action
    • Northstar Glass-Trade Secret, Unfair Competition
    • Nugenfx / Ghiglieri Securities Litigation
    • Sunwest Senior Living – Securities Class Action
    • TriQuint Derivative Litigation – Class Action
    • U.S. Software / Lantronix Securities Litigation
    • Wollenberg / FW Financial – Debtor Creditor, Unlawful Transfers

News & Insights

Admissions

  • Oregon, 1975
  • Washington, 2004
  • U.S. District Court, District of Oregon, 1975
  • U.S. District Court, Eastern District of Washington, 2004
  • U.S. District Court, Western District of Washington, 2016
  • U.S. Court of Appeals for the 9th Circuit, 1976

Education

  • J.D., Lewis & Clark Law School, 1975
  • B.A., University of Puget Sound, 1972

Honors & Recognition

  • The Best Lawyers in America©, Commercial Litigation, 2015-present
  • Oregon Super Lawyers list, 2007-2016
    • Super Lawyer, Super Lawyers Business Edition, 2014-2015
  • Distinguished Business Law Graduate, Lewis & Clark Law School, 2015
  • Top Attorneys in Oregon, The Oregonian, 2011-2013
  • Martindale-Hubbell AV Preeminent rating
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