- What We Do
Disputes arise from sources ranging from internal matters, such as employee or whistleblower claims, to external matters, such as contract disputes, government investigations or protecting intellectual property. Foster Garvey’s Litigation team works with clients to assess their needs and objectives at the outset of a dispute. We explore creative resolution options ranging from immediate injunctive relief to trial or arbitration and are constantly seeking out resolutions consistent with our client’s objectives.
We are proud to be consistently recognized by our clients and peers as a leading commercial litigation practice, named to the annual U.S. News – Best Lawyers “Best Law Firms” list and recognized in Chambers USA. Our team of more than 60 litigation attorneys offers substantial experience in resolving disputes in virtually all state and federal courts; federal, state and administrative proceedings; and arbitrations and mediations under alternative dispute resolution procedures.
Foster Garvey attorneys provide litigation and dispute resolution services across virtually all industries served by our firm. The depth of our experience in litigation and dispute resolution allows us to help clients make informed decisions about litigation costs, including the use of alternative fee arrangements and detailed budgets that provide value and predictability for their legal fees.
Alternative Dispute Resolution
Foster Garvey’s Litigation team recognizes that it is often disruptive and expensive for clients to go to trial and that many lawsuits are resolved before then. Our Alternative Dispute Resolution attorneys offer a broad base of legal talent skilled in resolving disputes outside the courtroom through mediation and arbitration. Learn more about our Alternative Dispute Resolution experience.
Antitrust & Consumer Protection
The Antitrust & Consumer Protection attorneys advise manufacturers, retailers, distributors and other businesses in navigating the landscape of business competition, as well as complying with both domestic and foreign antitrust and trade regulations laws.
Foster Garvey’s litigators have decades of experience challenging erroneous court decisions – and defending correct ones – in state and federal appellate courts across our country, ranging from state and federal appeals to the Washington and U.S. Supreme Courts. Foster Pepper frequently appears before the Washington Supreme Court in high profile civil cases involving the constitutionality or interpretation of legislation, the expansion or restriction of contract and common law rules, business and financial disputes, or the scope of governmental powers.
Class Action Defense
Foster Garvey’s Class Action Defense team has extensive experience in the defense of class actions and we know how to manage complex class actions in an efficient manner. Our work includes the representative of a variety of clients including retailers, manufacturers, distributors, telecommunications companies, biotechnology companies, software developers and manufacturers, franchises, financial services organizations, real estate companies, health care providers and governmental entities.
Condemnation & Eminent Domain
Through its litigation, municipal government, land use, and real estate disciplines, Foster Garvey has developed the resources to manage property acquisitions or condemnation proceedings, from large to small. We have both prosecuted and defended inverse condemnation cases, including actions relating to property taking through regulation or failure to issue land use permits, as well as noise and odor complaints. Learn more about our Eminent Domain & Inverse Condemnation experience.
Foster Garvey’s Construction attorneys have a long history of resolving construction-related disputes including construction defect claims, design claims, lien claims, contract and change order claims, delay claims, warranty claims and public bid disputes. Our lawyers resolve disputes, whenever possible, with alternative dispute resolution methods, such as mediation, arbitration, mini-trials, or other creative problem-solving methods short of formal litigation. We also have lawyers experienced in handling complex construction matters to a successful conclusion before a judge or jury.
Constitutional Law & Statutory Rights
Foster Garvey litigators work in conjunction with our Election and Political Law, Public Policy & Lobbying attorneys to address issues including constitutional claims, election disputes, ballot title challenges and litigation over the enforcement or validity of statutes and initiatives. Additionally, we have substantial experience advising candidates, election officials, organizations, and members of the public on election law, including ballot access and integrity provisions of federal law.
Creditors’ Rights & Bankruptcy
The Creditors’ Rights & Bankruptcy practice at Foster Garvey is one of the strongest in the Pacific Northwest with skilled attorneys who dedicate their entire practice to this area of the law. We successfully represent corporations and individuals in a number of different industries including banking, manufacturing, timber, fishing, real estate and retail. We have extensive experience in proceedings in U.S. Bankruptcy Court and in receivership proceedings in state or federal courts.
Electronically Stored Information Squad (ESI)
Electronic discovery is now a reality in virtually every disputed matter. Foster Garvey’s Electronically Stored Information Squad (ESI) helps businesses, public agencies and individuals effectively manage this critical component of dispute resolution efficiently and to avoid unnecessary discovery costs.
We have represented all sizes of companies, from Fortune 500 to small businesses and individuals and recognize that the most expensive and highest technology solution may not be necessary for every client’s needs and litigation strategies. We advise clients on document retention policies and use multiple electronic data recovery and management tools to cost-effectively tackle the production and preservation of electronic documents.
The ESI Squad is regularly called upon in litigation, as well as investigation, compliance and general business matters and includes lawyers, paralegals and information technology specialists.
Emergency Injunction Team
When the stakes are high and every minute counts, Foster Garvey’s Emergency Injunction attorneys can lead the way. Experience matters in choosing the appropriate forum in federal or state court, in effectively marshaling and presenting key evidence and in navigating the particular requirements and procedures of courts in different jurisdictions. Our depth and breadth of experience enables us to anticipate and overcome the challenges presented in these fast-moving proceedings. Whether you are seeking to prevent disclosure of trade secrets, stop infringement of your patent, copyright or trademark rights, protect security interests or other property rights or are facing a temporary restraining order or an injunction claim, our experience can make the difference.
Labor & Employment Litigation
Thoughtful planning and foresight can reduce but not totally eliminate an employer's exposure to employment-related disputes and claims. When claims (whether individual or class action) are made or lawsuits filed, effective advocacy is essential. Our Labor & Employment Litigation attorneys have extensive experience successfully defending virtually every kind of employment and labor claims before administrative and governmental bodies, arbitration proceedings and in federal or state courts.
Foster Garvey’s Environmental Litigation attorneys handle all aspects of environmental law and regulations and have a wealth of litigation experience, from trials in state and federal courts to contested hearings before administrative agencies. Our work includes deep experience in air quality, brownfields and contaminated property, ESA, environmental enforcement and citizen-suit actions, environmental insurance litigation, hazardous waste and cleanup, SEPA/NEPA, environmental impact and land use, solid waste, water quality, water rights and more.
Financial Institutions Litigation
Foster Garvey attorneys restructure commercial and agricultural credits and work in all aspects of foreclosure and bankruptcy law including loan workouts, restructuring, collections, foreclosures, receiverships and bankruptcy. Many of our clients have acquired institutions that have substantial portfolios of delinquent or troubled loans, and we have assisted them with due diligence reviews of troubled loan portfolios and large-scale workouts following an acquisition. Additionally, we assist clients in connection with white-collar defense and investigations.
Health Care Litigation
Foster Garvey assists clients with the full spectrum of health care disputes and litigation including: Certificate of Need appeals, payment disputes, billing and reimbursement actions, fraud and abuse self-disclosure and defense, government investigations, qui tam False Claims Act litigation, HIPAA and HITECH enforcement actions, commercial and contract disputes, licensing actions, medical staffing matters, employment discrimination and wrongful termination actions, and labor disputes. Learn more about our Health Care Litigation experience.
Foster Garvey’s Insurance Coverage team focuses on solving insurance coverage problems for policyholders. We vigorously pursue the maximum possible coverage and zealously advocate for the broadest possible application of insurance law and interpretation of coverage provisions. We regularly litigate bad faith and statutory claims against insurers engaged in bad faith coverage assessments or claims handling.
The Foster Garvey’s Intellectual Property Litigation team develops and executes effective strategies in IP disputes, including patent, copyright, trademark, licensing and trade secret matters. Our representation of both plaintiffs and defendants better positions us to accomplish favorable outcomes for our clients.
Foster Garvey’s Investment Management practice advises institutional investors, including public pension funds, universities and endowments, and provides sophisticated and efficient counsel to clients on a broad range of alternative investment transactions. Our attorneys have successfully handled numerous dispute and litigation matters in connection with alleged breaches of contract or fiduciary duty, defense of clawback actions, insurance coverage claims, real estate and securities lending.
Land Use Litigation
Our Land Use, Planning & Zoning lawyers represent clients in contested administrative appeals before hearing examiners, city and county councils, and state administrative boards, and have handled appeals at all levels of state and federal courts. We are experienced in securing permit approvals, challenges to private and public projects and work extensively with our clients in settlement negotiation, mediation, arbitration and other forms of alternative dispute resolution.
Patent Office Litigation
Foster Garvey’s intellectual property practice includes skilled patent litigators who have significant experience in post-grant procedures and inter partes review as well as covered business method post-grant review, ex parte and inter partes reexaminations. Foster Garvey’s creative approach to these Patent Office matters has led to an unrivaled track record of success.
Privacy, Cybersecurity & Data Protection
Foster Garvey regularly advises businesses and individuals on legal issues relating to privacy, cybersecurity and data protection, and information management. We have the skills, knowledge and experience to help you address these privacy and cybersecurity issues in a practical manner in prevention counseling and in the context of individual and class action claims. Learn more about our Privacy, Cybersecurity & Data Protection experience.
Public Records & Open Government
Foster Garvey’s Public Records & Open Government team has direct experience working with the public records and disclosure obligations of nearly every type of public entity, including cities, counties, school districts, public utility districts, port districts, public hospital districts, and housing authorities. Our experience includes assisting with drafting or responding to public records updating entities’ policies and procedures, providing training to help assure an entity’s compliance with current legal requirements, including one-on-one training for its public records officer or a half-day session for the entity’s staff, and offering litigation services to defend public records request responses or prosecute requests in the applicable regulatory or court proceedings; and, litigation support for private interests to protect from disclosure confidential or proprietary information. Learn more by visiting Foster Garvey's public records blog – Local Open Government – for regular legislative and legal updates in this fast-evolving area.
Real Estate Litigation
Foster Garvey maintains a cross-disciplinary real estate litigation practice to address aspects of virtually every dispute in this area. Our team members are drawn from the litigation, creditors' rights and bankruptcy, financial institutions, land use, environmental, and municipal practices.
Foster Garvey has extensive experience litigating securities claims, both in court and in arbitration. We have represented numerous publicly traded companies, private corporations, governmental entities, directors and officers, and other individuals on claims raised by shareholders and investors. The firm also has experience representing broker-dealers and registered representatives in arbitration proceedings before FINRA (formerly the NASD), the NYSE, and the American Arbitration Association, as well as experience representing individuals, auditors, and corporations in disciplinary and regulatory proceedings before the SEC, FINRA, and the CBOE.
White-Collar Defense & Investigations
The firm’s White-Collar Defense & Investigations practice represents business entities and individuals in trial and appellate courts against a variety of federal and state prosecutions. We represent business directors, chief executives, and other officers in matters including financial matters, bank fraud, healthcare fraud, environmental offenses, and other criminal and civil enforcement proceedings.
News & Events
- Foster Garvey Newsroom, 2.21.20
- Foster Garvey Newsroom, 2.18.20
- The Oregonian, 2.12.20
- Foster Garvey Files Cert Petition to Determine Whether State Private Creditor Law Controls Whether the IRS Can Collapse Transactions to Impose Transferee LiabilityFoster Garvey Newsroom, 2.6.20
- KGW8, 1.21.20
- Foster Garvey Newsroom, 11.7.19
- Foster Garvey Newsroom, 11.1.19
- Law360, 10.30.19
- Foster Garvey Newsroom, 10.22.19
- KOIN, 6.27.19
- Foster Garvey Newsroom, 6.10.19
- Foster Garvey Newsroom, 4.25.19
- Andy Goodman Honored With Peter Perlman Service Award at Litigation Counsel of America (LCA) 2018 Fall ConferenceFoster Garvey Newsroom, 11.13.18
- Foster Garvey Newsroom, 10.3.18
- Foster Garvey Newsroom, 10.1.18
- Joy Ellis and Bob Weaver's Investigation Into Portland Public Schools' Mishandling of Educator Misconduct Cited in U.S. News & World ReportU.S. News & World Report, 5.11.18
- Reliving the ‘Wild’ Times of Rajneeshpuram: Bob Weaver Recounts Rajneesh Cult Takedown as Featured Guest on Law360's Pro Say PodcastFoster Garvey Newsroom, 5.5.18
- The Oregonian, 4.22.18
- Foster Garvey Newsroom, 3.12.18
- Joe Arellano Explains in the Portland Business Journal What Businesses Should Do If Expecting to Be SuedPortland Business Journal (subscription required), 10.13.17
- “Buyout Price Disputes in Shareholder Litigation of Privately-Held Companies,” Multnomah Bar Association CLESpeaking EngagementTo be rescheduled
- "Current Agricultural Insolvency Issues in the Northwest," Oregon Bankers Association Agriculture RoundtableSpeaking EngagementTo be rescheduled
- "A 'Clause' for Concern: Drafting Tips for Arbitration Agreements," The Hospitality Law Conference: Series 2.0 - Houston 2020Speaking engagementTo be rescheduled
- "Legal Malpractice Limits Under Alfieri v. Solomon," Controversial Issues in Mediation - Oregon State Bar CLE SeminarPanel DiscussionTigard, OR, 3.13.20
- "Two Case Studies in Securities Litigation: Aequitas SEC Receivership (OR) and Federal Home Loan v. Credit Suisse (WA)," 40th Annual Northwest Securities InstitutePanel DiscussionSeattle, WA, 3.6.20
- Speaking EngagementPortland, OR, 2.27.20
- Speaking EngagementPortland, OR, 2.12.20
- "Shareholder Disputes Over a Buyout Price for Shares of a Private Company," Defense Research Institute (DRI) Commercial Litigation Subcommittee PresentationWebinar9.5.19
- Panel DiscussionPortland, OR, 6.27.19
- "Preparing Experts for Trial Testimony," Eminent Domain: Current Developments in Condemnation, Valuation & ChallengesSpeaking EngagementPortland, OR, 6.7.19
- "Problematic Jury Instructions and How to Educate the Jury," Eminent Domain: Current Developments in Condemnation, Valuation & ChallengesPanel DiscussionPortland, OR, 6.6.19
- Speaking EngagementWenatchee, WA, 5.31.19
- "Insecurity: The Interplay of Ethics and Liability for Securities Lawyers," 39th Annual Northwest Securities Institute - Oregon State BarSpeaking EngagementPortland, OR, 5.3.19
- "State and Provincial Regulatory Updates," 39th Annual Northwest Securities Institute - Oregon State BarPanel DiscussionPortland, OR, 5.3.19
- “Web-Based Transportation Intermediaries and Other Service Providers Hammer Down,” Transportation Association Annual ConferenceSpeaking EngagementAustin, TX, 5.3.19
- Speaking EngagementPortland, OR, 4.26.19
- "Rancho Rajneesh—Legal Battles in Wild Country’s 'Utopia'," 26th Annual Litigation Institute & Retreat - Oregon State BarPanel DiscussionStevenson, WA, 3.1.19
- "The Clouds of Oregon’s Blue Sky Law: Securities Liability Risks for Transactional Lawyers," Oregon State Bar Securities Regulation Section MeetingSpeaking EngagementPortland, OR, 12.19.18
- Speaking EngagementPortland, OR, 11.2.18
- “Top Trial Strategies the Pros Use to Win Their Case – Opening Statements and Direct Examinations,” National Business InstituteSpeaking engagement10.18
- "An Inside Look at the Case Behind 'Wild Wild Country' – the Takedown of the Rajneeshpuram," inFusion '18 presented by ExterroSpeaking EngagementPortland, OR, 10.17.18
- "Rajneeshpuram: Legal Legacy & Lessons," 2018 O’Connell Conference, University of Oregon School of LawPanel DiscussionEugene, OR, 9.7.18
- Speaking EngagementGleneden Beach, OR, 8.10.18
- “Adverse Possession? Prescriptive Easements? Here's the What, Where, When, Why, and How,” 2018 RELU Annual Summer ConferenceSpeaking EngagementGleneden Beach, OR, 8.10.18
- Speaking EngagementBend, OR, 5.10.18
- "Ominous Clouds: Things That Can Make Blue Sky Lawyers Blue," WSBA 38th Annual Northwest Securities Institute CLESpeaking EngagementSeattle, WA, 5.4.18
- Speaking EngagementStevenson, WA, 3.16.18
- "Securities Liability for Transactional Lawyers Under Oregon’s Expansive Blue Sky Law," Oregon State Bar Securities Regulation Section EventSpeaking EngagementPortland, OR, 12.20.17
- “The Jubilee Panel! Half-Century Game Changers that Rocked the Transpo World! And How They Impact Our Practices Today,” Annual Transportation Law Institute, November 2017Speaking EngagementNorfolk, VA, 11.10.17
- Speaking EngagementNovember 2017
- Managing Cyber Risks: Cybersecurity in the Supply Chain,” Counsel of Supply Chain Management Professionals SeminarSpeaking EngagementNovember 2017
- Panel DiscussionPortland, OR, 10.11.17
- Speaking EngagementTigard, OR, 9.13.17
- "Oregon's Blue Sky Securities Law—Better Safe than Sorry," Oregon State Bar 2017 RELU Summer ConferenceSpeaking EngagementBend, OR, 8.18.17
- "Condemnation Law: Updates, Tips and Traps," Oregon County Counsel Association 2017 Summer ConferenceSpeaking EngagementBend, OR, 8.3.17
- "Discovery in Condemnation," The Seminar Group's 10th Annual Eminent Domain Program: Current Developments in Condemnation, Valuation & ChallengesSpeaking EngagementPortland, OR, 6.1.17
- “An Overview of Strategic and Legal Considerations in Voir Dire,” 11th Annual Federal Civil Trial Practice SeminarSpeaking engagement5.17
- "What You May Not Know About the Application of the Attorney-Client Privilege, Work Product Doctrine and Joint Defense Doctrine in Oregon," Oregon State Bar 2017 RELU Spring ForumSpeaking EngagementTigard, OR, 4.28.17
- "Private Land Use Regulation Through CC&Rs: The Tension Between Private Interest and Public Policy," Oregon State Bar 2017 RELU Spring ForumSpeaking EngagementTigard, OR, 4.28.17
- Panel DiscussionPortland, OR, 3.15.17
- “The Rules of Evidence: A Practical Tool Kit,” National Business Institute CLESpeaking engagement9.15
- "Advanced Trial Tactics: Sophisticated Courtroom Strategies for Experienced and Aspiring Trial Attorneys"Speaking engagement11.14
- Panel DiscussionPortland, OR, 10.19.10
- “Can You Hear Me Now?!? What Mediators, Arbitrators and Litigators Really Want to Say to Each Other,” WSBA Sections on Litigation and Alternative Dispute ResolutionPanel discussion9.06
- “Depositions in a Commercial Case -- Defense Perspective,” WSBA Litigation Section CLE, Elements of Litigation: Advanced Strategies, Techniques and Demonstrations from Both Sides of the BarSpeaking engagement6.06
- “Documenting Discipline and Discharge from a Trial Lawyer's Perspective,” Lorman Education ServicesSpeaking engagement5.06
- “Trial Themes,” Spokane County Bar Assoc. CLE: Trial Techniques for Every AttorneySpeaking engagement1.06
- Congress Passes CARES Act: Stimulus Package Includes $349 Billion for SBA Guarantees of Forgivable Loans for Small and Medium Sized Businesses3.27.20
- April 2019
- RMA Portland Metro Chapter, 2.27.20
- inBrief (Oregon State Bar - Professional Liability Fund), June 2019
- The Verdict, Winter 2019
- The Verdict, Summer 2018
- American College of Trial Lawyers (ACTL), Attorney-Client Relationships Committee, 5.17.18
- Case Note - Attorney Malpractice: Sherertz et al. v. Brownstein, Rask, Sweeney, Kerr, Grim, Desylvia & Hay LLP, 288 Or App 719 (2017)The Verdict, Spring 2018
- American College of Trial Lawyers (ACTL), Attorney-Client Relationships Committee, 3.12.18
- Presentation Outline: "Securities Liability for Transactional Lawyers Under Oregon’s Expansive Blue Sky Law," Oregon State Bar Securities Regulation Section EventGSB Newsroom, 12.20.17
- MLRC Employment Libel and Privacy Law 50-State Survey, 2018 Edition, 11.17
- GSB Newsroom, 6.17
- The American College of Trial Lawyers Journal, Spring 2017
- Commonweal, 10.6.06
- Puget Sound Business Journal, 8.11.06
- The Seattle Times, 4.4.06
- The Seattle Times, 9.27.01
- Pleadings and Motion PracticeAuthor/Speaker at a CLE offered in conjunction with the WSBA Litigation Section's publication of the Washington Civil Procedure Deskbook, 95
- ER 702 and Expert Opinion TestimonyAuthor/Speaker at CLE offered in conjunction with publication of the WSBA Litigation Section's Trial Manual, 94
- The Seattle Times, 6.21.93
- University of Chicago Law Review, Spring 1985
- Stanford University, May 1982
- Office Managing Director and Principal
- Of Counsel
- Of Counsel
- Firm Co-Chair and Principal
- Of Counsel
Areas Of Focus
- Alternative Dispute Resolution
- Antitrust & Consumer Protection
- Class Action Litigation
- Eminent Domain & Inverse Condemnation
- Environmental Litigation
- Health Care Litigation
- Intellectual Property Litigation
- Labor & Employment Litigation
- Patent Litigation
- Securities Litigation & Enforcement
- White-Collar Defense & Investigations