-+
Overview
Alex helps his clients resolve business disputes in and out of court. He represents individuals and companies on a variety of claims, including contract disputes, business owner disputes, and business torts. He has helped Tonkon clients win on motions to dismiss, on summary judgment, and at trial.
In addition to his litigation work, Alex is Chair of our Cannabis Industry Practice Group. He represents individuals and companies doing business in the cannabis industry, and advises clients on cannabis laws and regulations and other cannabis-specific legal issues.
Alex joined Tonkon Torp after graduating summa cum laude from Lewis & Clark Law School. As a student, Alex was inducted into the Cornelius Honor Society by the faculty, was named Outstanding Clinical Advocate, and won the first year Best Brief award in legal writing. He also received the John & Susan Bates Family Endowed Scholarship in Business Law, the Milt Smith & James Richardson Business Law Scholarship, and the Dean’s Scholarship for Excellence.
Alex worked as a summer associate for Tonkon Torp and as a Judicial Extern for Honorable Ancer L. Haggerty, U.S. District Judge, during law school. Prior to law school, Alex worked primarily on policy advocacy in the nonprofit and public sectors, holding positions including civic engagement director and aide to an Oregon State Representative. He continues his involvement in the Portland community, serving as a cooperating attorney for the Oregon ACLU and as a board member for the Resource Innovation Institute and the Oregon Cannabis Association.
In addition to his litigation work, Alex is Chair of our Cannabis Industry Practice Group. He represents individuals and companies doing business in the cannabis industry, and advises clients on cannabis laws and regulations and other cannabis-specific legal issues.
Alex joined Tonkon Torp after graduating summa cum laude from Lewis & Clark Law School. As a student, Alex was inducted into the Cornelius Honor Society by the faculty, was named Outstanding Clinical Advocate, and won the first year Best Brief award in legal writing. He also received the John & Susan Bates Family Endowed Scholarship in Business Law, the Milt Smith & James Richardson Business Law Scholarship, and the Dean’s Scholarship for Excellence.
Alex worked as a summer associate for Tonkon Torp and as a Judicial Extern for Honorable Ancer L. Haggerty, U.S. District Judge, during law school. Prior to law school, Alex worked primarily on policy advocacy in the nonprofit and public sectors, holding positions including civic engagement director and aide to an Oregon State Representative. He continues his involvement in the Portland community, serving as a cooperating attorney for the Oregon ACLU and as a board member for the Resource Innovation Institute and the Oregon Cannabis Association.
-+
Get To Know
Alex and his wife Laura are raising two 7th generation Oregonians, their sons Clark and Leo. A love of travel and other cultures has led Alex and his family to Central America, Southeast Asia, and Europe. Closer to home, they often visit the Oregon coast and the Cascades. To celebrate a recent anniversary, Alex and Laura summited South Sister.
Alex serves as a board member and treasurer of the Bonnie Jeanne Tinker Memorial Fund, founded in honor of his mother, a political activist who headed the Portland, Oregon organization Love Makes a Family, and as a board member for the Resource Innovation Institute, which promotes energy and water conservation in the cannabis industry.
Alex serves as a board member and treasurer of the Bonnie Jeanne Tinker Memorial Fund, founded in honor of his mother, a political activist who headed the Portland, Oregon organization Love Makes a Family, and as a board member for the Resource Innovation Institute, which promotes energy and water conservation in the cannabis industry.
-+
Featured Representative Matters
Shareholder Dispute
When outside investors flexed their power to terminate the founder of a vertically integrated Oregon cannabis company and maneuvered to make her shares worthless, Alex brought claims for breach of fiduciary duty and shareholder oppression, ultimately obtaining a favorable buy-out for Tonkon's client.
Farm Management Dispute
Tonkon’s client contracted to manage a Tier II OLCC-licensed outdoor cannabis farm, including advancing all labor and materials costs, in exchange for a share of net sales revenue. After the first crop was in, the landowner locked our client out of Metrc and out of the farm, and refused to reimburse expenses or share in revenue as agreed. Eighteen months later and after a 6-day hearing, the arbitrator awarded Tonkon’s client its claimed share of revenue from the first crop and its out-of-pocket expenses, in addition to awarding attorney fees.
Shareholder Dispute
After a 50% owner of a startup company caught her co-owner embezzling, Alex brought claims for breach of fiduciary duty and conversion. He obtained a judgment that removed the defendant from the board and required him to relinquish his company shares.
LLC Member Dispute
When majority owners tried to squeeze Tonkon's client out by forcing sale of the land where the company planned to obtain an OLCC cannabis producer's license, Alex brought counterclaims for minority oppression and obtained a settlement where Tonkon's client obtained all of the majority's interest in the company and the land.
Shareholder Dispute
After long-time friends and business partners had a falling out, the minority owner sued our client for breach of fiduciary duty. Alex and the Tonkon team prepared the case for trial and ultimately reached a favorable resolution for Tonkon's client. The settlement resulted in a buy-out that kept our client's family business intact.
Civil RICO, Ainsworth v. Owenby, No. 6:17-cv-01935 (D. Or. 2019)
Alex and the Tonkon Torp team obtained dismissal with prejudice of civil Racketeering Influenced & Corrupt Organizations ("RICO") Act claims asserted in federal court based on our clients' state law-compliant medical marijuana activities.
Breach of Contract
Obtained summary judgment including damages, attorney fees, and interest in favor of an investor and lender against a defendant who had misused funds in violation of the parties' agreement.
Breach of Contract
Obtained favorable settlement for landowner who provided land and financing for OMMP cannabis production operation after the grower failed to share profits as agreed.
Breach of Contract
Secured settlement of full damages plus attorney fees and interest for environmental services provider.
Breach of Contract
Secured settlement of full damages plus attorney fees and interest for security services provider.
Creditor Priority
When an East Coast commercial bank sued 45 Oregon farmers asserting a security interest in crops the farmers still hadn't been paid for growing, attempting to take possession of crops valued at over $7 million, Alex worked with other Tonkon trial lawyers to defeat most of the bank's case on summary judgment and then obtain a verdict at trial finding that the bank had no security interest at all.
Utility Ratemaking
Successfully opposed a city's effort to push $7 million in local taxes onto publicly traded utility's shareholders.
Specific Performance
Helped defeat an effort to force the sale of multiple timber properties and the liquidation of multiple family businesses, based on an alleged settlement agreement that was never finalized, on a motion to dismiss.
Malicious Prosecution
Defeated frivolous claims with special motion to strike complaint and secured order barring plaintiff from filing future lawsuits.
-+
Featured Work
Tonkon Torp Wins Arbitration for Cannabis Farm Manager
Tonkon Torp has secured an award of $647k for a cannabis farm management company based on its work in 2017. 2017 was the first year a large number of outdoor cannabis farms were licensed by the OLCC. This combined with favorable weather conditions resulted in a record bumper crop, and the wholesale price of sungrown cannabis dropped by more than half.
Tonkon Torp Wins Dismissal of RICO Claims Attacking Cannabis Industry – First of its Kind in 9th Circuit
Tonkon Torp secured a dismissal of civil RICO claims filed in federal court based on defendants' involvement in an Oregon Medical Marijuana Program grow operation. Four civil RICO cases have been filed this year in Oregon against nearly 300 businesses and individuals engaged in state-authorized cannabis activity.
Tonkon Torp Completes Successful Arbitration for Owners of Closely Held Business
In December 2015, Tonkon Torp closed a swift and successful arbitration to enforce payment owed to its clients, family members who founded and grew a successful business in the Northwest. In 2012, the clients had worked with Tonkon Torp to sell the company to a large, billion-dollar national entity.
-+
Community Involvement & Activities
ACLU Foundation of Oregon
2015-Present, Cooperating Attorney
Bonnie Jeanne Tinker Memorial Fund
2010-Present, Board Member and Treasuer
Oregon Cannabis Association
2019-Present, Board Member
Portland Story Theater
2018-Present, Board Member
Resource Innovation Institute
2016-Present, Board Member
Multnomah County
2009-2016, Elected Precinct Committee Person
Lewis & Clark Public Interest Law Project
2015, Stipend Board Member
Portland City Club
2013-2015, Bike Advocacy Committee Member
-+
Professional Memberships
Federal Bar Association
International Cannabis Bar Association
Multnomah Bar Association
International Cannabis Bar Association
Multnomah Bar Association
-+
Awards & Recognition
Super Lawyers
2016–2020, Oregon Rising Star - Business Litigation
-+
Recent News
7.7.2020
26 Tonkon Torp Attorneys Honored on 2020 Super Lawyers Lists
Twenty-six Tonkon Torp attorneys in nine practice areas have been included in the 2020 Oregon Super Lawyers or Rising Stars lists. Tonkon Torp partner and bankruptcy authority Albert N. Kennedy has been once again recognized on the Top 50 list of…
5.14.2020
Tonkon Torp Holds Pandemic Primer Webinar for Oregon Cannabis Businesses
Tonkon Torp hosted a webinar to help guide cannabis businesses through the unique challenges that the cannabis industry faces due to COVID-19. The panel featured attorneys Danica Hibpshman, Jessica Morgan, Ferdie Ruplin, and David Petersen. Alex…
10.17.2019
Alex Tinker Presents at TiE Oregon Guide to Intersection of Health, Tech, and Cannabis
Alex Tinker was a featured speaker at the Guide to the Intersection of Health, Tech & Cannabis seminar hosted by TiE Oregon. He focused on the cannabis industry’s complex transition as it becomes regulated at the state level while still largely…
10.1.2019
PODCAST: Vineyard Allowed To Sue Cannabis Farm
A federal judge is allowing a case to move forward that pits Oregon’s wine and cannabis industries against each other.
7.16.2019
31 Tonkon Torp Attorneys Honored on 2019 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in nine practice areas have been included in the 2019 Oregon Super Lawyers or Rising Stars lists.
7.12.2019
Tonkon Torp Presents Energy Innovation Award at Cultivation Classic Conference
Tonkon Torp partnered with the Resource Innovation Institute to present the inaugural Energy Innovation Award at the 2019 Cultivation Classic awards ceremony held on Saturday, May 18 in Portland.
6.3.2019
Alex Tinker Joins Oregon Cannabis Association Board of Directors
Tonkon Torp attorney Alex Tinker has joined the Board of Directors for the Oregon Cannabis Association. The Oregon Cannabis Association is the largest cannabis trade group in Oregon.
5.21.2019
Alex Tinker Speaks at YPO Summit
Alex Tinker presented an update on the cannabis industry's transition to regulation at a YPO summit held in Aspen, Colorado. The summit is an invitation-only event hosted by YPO, a global leadership organization for more than 27,000 chief executives.
5.14.2019
Alex Tinker Speaks on OSB Cannabis Section Panel
The panel, “Lessons and Experience from the Oregon Civil RICO Cases,” discussed the potential exposure and effects of private federal civil racketeering claims on state-licensed cannabis businesses.
2.26.2019
Tonkon Torp Sponsors 2019 PILP Auction
Tonkon Torp was a sponsor at the February 23 Lewis & Clark Law School 28th Annual Public Interest Law Project (PILP) Auction. Alex Tinker led Tonkon's involvement with the auction and attended along with fellow Lewis & Clark alums Stephanie Grant and…
-+
Recent Alerts
4.15.2020
Will Oregon’s Cannabis Industry Go Up in Smoke Due to COVID-19 Fallout?
As the nation rushes to slow the COVID-19 pandemic, the cannabis industry finds itself caught in the chaos like everyone else. However, there is one additional caveat for cannabis businesses — not one penny of the $2 trillion federal stimulus package…
2.21.2019
CBD Business and Regulation Focus - The 2018 Farm Bill
So, can you ship hemp across state lines now? Not without risk. The 2018 Farm Bill makes it possible to produce hemp in some states without violating federal law. Nevertheless, uncertainty remains for the hemp industry, as shown by recent efforts to…
-+
Publications & Presentations
Moderator, "A Pandemic Primer for Cannabis Businesses – Unique Challenges for a Unique Industry," April 2020
"Will Oregon’s Cannabis Industry Go Up in Smoke Due to COVID-19 Fallout?" Portland Business Journal, April 2020
“Regulatory Landmarks: Current and Potential Regulations,” Investors Guide to the Intersection of Health, Tech, & Cannabis, TiE Oregon, October 2019
Podcast, “Vineyard Allowed To Sue Cannabis Farm,” Think Out Loud, Oregon Public Broadcasting, September 2019
Panelist, "Cannabis Industry Regulatory and Enforcement Issues," YPO Summit, April 2019
Panelist, “Lessons and Experience from the Oregon Civil RICO Cases,” Oregon State Bar Cannabis Law Section, March 2019
"CBD Business and Regulation Focus – The 2018 Farm Bill," Tonkon Torp Legal Update, February 2019
Panelist, “Drug Money in the Age of Regulated Cannabis,” RIMS, The Risk Management Society Western Regional Conference, September 2018
“CBDo or CBDon’t: The Hazy Law of Industrial Hemp and CBD,” June 2018
"How Close Can You Get to Marijuana Without Being Burned?" Northwest Summit for Financial Professionals, May 2017
"Coming Out on Top in Cannabis Business Disputes," 3rd Annual Cannabis Collaborative Conference, February 2017
"Legal Realities for Cannabis Entrepreneurs," December 2015