People > Attorney > Frank Weiss
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Overview
Frank's practice emphasizes complex commercial litigation, including insurance coverage, and product liability matters. His experience includes trial work in federal and state courts, as well as in private arbitration and mediation. He also regularly advises corporate policyholders with respect to the scope and availability of insurance coverage, the presentation of insurance claims, and the negotiation of settlements with insurance companies. Frank's clients include regional and national entities involved in disputes in Oregon and across the country. He also serves as the firm's General Counsel.
Prior to joining Tonkon Torp, Frank was an associate at Thelen Reid & Priest in San Francisco.
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Featured Representative Matters
Environmental Liability
Obtaining a defense verdict as lead trial counsel for a large public company following a seven week jury trial relating to liability for environmental contamination at three superfund sites, including the Portland Harbor, and over 1,200 asbestos claims.
Arbitration
Obtaining a nearly four-million dollar arbitration award in a dispute involving the sale and installation of a defective material-handling system.
Distribution Agreement
Defeating a multi-million dollar claim in a federal court jury trial arising out of the termination of a distribution agreement.
Train Derailment Insurance
Prevailing on summary judgment in Oregon Federal District Court establishing entitlement to insurance coverage for a multi-car train derailment.
Derailment Lawsuits
Favorably resolving federal court lawsuits arising out of train derailments occurring in Nebraska, Kansas, and Wyoming.
Breach of Endorsement
Successfully defending a large publicly-traded company against a claim of over $100,000,000 for breach of an endorsement and licensing agreement. This matter was tried in a private arbitration in which Frank was one of the three primary trial lawyers representing the defendant.
Derailment Appeal
Prevailing on summary judgment against a nearly $15,000,000 claim arising out of a train derailment and upholding the judgment on appeal.
Trade Secret Misappropriation
Successfully defending clients against a trade secret misappropriation claim and defeating the plaintiff's motion for a preliminary injunction.
NFL Endorsement
Obtaining a preliminary injunction enforcing a client's right of first refusal in its endorsement contract with an NFL quarterback.
Breach of Warranty
Successfully defending a large publicly-traded company in a breach of warranty action involving sophisticated point-of-sale equipment.
Breach of Fiduciary Duty
Obtaining summary judgment against dissenter's rights and breach of fiduciary duty claims seeking nearly $3,000,000.
Asbestos Claims
Recovering several million dollars in settlement of an insurance coverage action seeking coverage for asbestos claims filed across the country.
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Featured Work
Tonkon Torp Wins Water Law and Boundary Dispute for Jackson County Landowner
Tonkon Torp wrapped 2020 with a complete victory in a complicated and contentious boundary and water law dispute.
Tonkon Torp Wins Arbitration Victory for Technology Company and Patent Law Firm
Tonkon Torp achieved a significant arbitration win involving two clients, a California-based technology company and its patent litigation law firm. Tonkon Torp was originally retained to represent the tech company in obtaining declaratory and injunctive relief against a litigation finance company that had been engaged to fund the client’s patent enforcement litigation.
Tonkon Torp Victorious at Oregon Court of Appeals on Behalf of Con-way
In May 2019, Tonkon Torp celebrated a complete appellate victory for its client, Con-way, with a decisive win in the Oregon Court of Appeals. The appeal affirmed a 2014 judgment that settled the question of who bore responsibility for a portion of defense and indemnity costs associated with three Superfund sites, including the Portland Harbor, and more than 1,500 asbestos lawsuits.
Tonkon Torp Wins Complicated Civil Trial for Con-way
In arguably one of the biggest and most complicated civil trials in Portland, Tonkon Torp secured a complete jury trial victory for Con-way, a $5.5 billion American multinational freight transportation company. Find details and more featured cases here.
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Community Involvement & Activities
Mt. Scott Learning Center
Board Member
Oregon State Bar
Disciplinary Board, Member
Legal Ethics Committee, Former Member
Multnomah Bar Association
Professionalism Committee, Former Member
American Bar Association
Insurance Coverage Litigation Committee, Former Vice-Chair
Multnomah County Lawyers' Professional Responsibility Committee
Former Member
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Professional Memberships
Multnomah Bar Association
American Bar Association
Federal Bar Association
American Bar Association
Federal Bar Association
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Awards & Recognition
The Best Lawyers in America
2013-2021, Commercial Litigation
2018-2021, Insurance Law
2018-2021, Insurance Law
Martindale-Hubbell
AV Preeminent
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Recent News
12.8.2020
Tonkon Torp Litigators Share Expertise in Oregon Civil Pleading and Litigation Publication
Tonkon Torp litigators have contributed their expertise to a new treatise on civil litigation practice, Oregon Civil Pleading and Litigation.
8.20.2020
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
6.16.2020
Frank Weiss Discusses COVID-19 Insurance Claims for Mediation Podcast
Tonkon Torp attorney Frank Weiss was a featured panelist on the April 28 podcast presented by Schulwolf Mediation. The episode focused on insurance coverage for COVID-19 claims.
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
2.22.2019
Frank Weiss Talks Maximizing Insurance ROI for ACC Newsletter
Frank Weiss authored an article, "Maximize Your Insurance ROI: A Proactive Approach to Insurance Pays Off," for the January 2019 newsletter published by the Association of Corporate Counsel (ACC) of Oregon.
11.12.2018
Frank Weiss Covers Insurance Fundamentals at Northwest Insurance Law Seminar
Tonkon Torp litigation attorney Frank Weiss was a featured faculty member at the October 25 Northwest Insurance Law seminar. Frank presented a comprehensive “Insurance 101” overview. His talk covered insurance fundamentals, including: nuts and bolts…
8.17.2018
Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List
Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
8.16.2017
Best Lawyers in America® Names 49 Tonkon Torp Attorneys to 2018 List
Forty-nine Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2018. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years…
6.12.2017
Tonkon Torp Sponsors Mt. Scott Golf Marathon
Tonkon was a sponsor at the inaugural Mt. Scott Golf Marathon on June 11. Frank Weiss led Tonkon's involvement with the event. Money raised by the Golf Marathon went to the Mt. Scott Learning Center, an alternative high school that works with…
1.4.2017
Frank Weiss Speaks to U of O Students about Litigation
Tonkon Torp litigation attorney Frank Weiss spoke to University of Oregon graduate students in the "Legal and Ethical Issues in Sports and Outdoor Product Management" class about the good, the bad, and the ugly of litigation.
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Recent Alerts
8.20.2020
Court Decision Favors Businesses Claiming Insurance Coverage for COVID-Related Losses
Companies across the state, and around the country, have suffered significant loss of income due to interruptions to their business caused by the spread of COVID-19 and the ensuing government-ordered closures. These companies have been disappointed…
4.21.2020
Business Interruption Insurance and COVID-19: Tender Your Claim
Now that many businesses have been shut down for weeks as a result of the COVID-19 virus, there have been a number of important developments affecting the availability of business interruption insurance to help mitigate the losses experienced as a…
3.12.2020
Will Business Interruption Insurance Cover Coronavirus-Related Disruptions?
The coronavirus (COVID-19) outbreak was already delivering significant economic impacts across industries; now the World Health Organization (WHO) has officially declared the outbreak a global pandemic. This will likely result in further—perhaps even…
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Publications & Presentations
"Individual Parties and Representative Capacity," Chapter, Oregon Civil Pleading and Litigation (2020 Edition), Oregon State Bar
"Court Decision Favors Businesses Claiming Insurance Coverage for COVID-Related Losses," Tonkon Torp Legal Update, August 2020
Podcast, A Mediator’s Round (Kitchen) Table: Insurance Coverage for COVID-19 Claims," Schulwolf Mediation, April 2020
"Business Interruption Insurance and COVID-19: Tender Your Claim," Tonkon Torp Legal Update, April 2020
"Will Business Interruption Insurance Cover Coronavirus-Related Disruptions?" Tonkon Torp Legal Update, March 2020
"Maximize Your Insurance ROI: A Proactive Approach to Insurance Pays Off," Association of Corporate Counsel of Oregon Newsletter, January 2019
"Insurance 101," Northwest Insurance Law Seminar, The Seminar Group, October 2018
"Litigation — The Good, the Bad and the Ugly," University of Oregon, November 2016
"Commercial & Cyber Insurance," October 2016
"Indemnity Provisions & Principles: Traps for the Unwary," Oregon State Bar Business Law Section, June 2016
"Contract Boilerplate and Oregon Common Law," OSB Business Law Section, Annual Seminar, November 2015
"Manage Insurance Coverage Like Risks," Daily Journal of Commerce, September 2012
"Surviving Winter: The Ninth Circuit Reaffirms the 'Serious Questions' Test for Injunctive Relief," Litigation Journal, 2011
"Think Twice Before Accepting an Assignment of Insurance Rights," Litigation Journal, 2007