Overview
Representative Work
Activities & Membership
Awards & Recognition
News & Publications
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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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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
Past
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 & Recognitions
The Best Lawyers in America
2013–2018, Commercial Litigation
2018, Insurance Law
2018, Insurance Law
Martindale-Hubbell
AV Preeminent
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Recent News
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.
10.14.2016
October Tonkon Talk Explores Commercial and Cyber Insurance
At the October Tonkon Talk, litigation attorney Frank Weiss and intellectual property attorney Eric Beach discussed the role that commercial and cyber insurance play in a business's risk mitigation strategy. The presentation explored the different…
8.15.2016
Best Lawyers in America® Names 44 Tonkon Torp Attorneys to 2017 List
Forty-four Tonkon Torp lawyers representing 38 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. Each attorney has been named to the list in past years, and nearly all have been recognized for more than five years…
6.20.2016
Frank Weiss and Jeff Cronn Lead OSB Program on Indemnity Provisions & Principles
On June 10, Tonkon Torp partners Frank Weiss and Jeff Cronn led a CLE presentation in Bend on Indemnity Provisions & Principles for the Business Law Section of the Oregon State Bar. In their exploration of indemnity "Traps for the Unwary," Frank and…
11.13.2015
Frank Weiss and Jeff Bradford Speak at OSB Business Law Section Annual Seminar
Tonkon Torp litigators Frank Weiss and Jeff Bradford spoke at the OSB Business Law Section annual seminar held on November 5. Their session focused on contract boilerplate and Oregon common law, providing insight into common pitfalls in contract…
8.18.2015
45 Tonkon Torp Attorneys Named Best Lawyers in America® 2016
Forty-five Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2016. All of them have been named to the list at least once before, and many of them have been recognized for a number of…
8.26.2014
Frank Weiss Joins Mt. Scott Learning Center Board
Tonkon Torp attorney Frank Weiss has been appointed to the board of directors of the Mt. Scott Learning Center. Weiss is a member of Tonkon Torp’s Litigation Department, where he specializes in complex commercial litigation including insurance…
8.20.2014
Best Lawyers in America® 2015 Names 49 Tonkon Torp Attorneys to Prestigious List
Forty-nine Tonkon Torp lawyers representing 40 practice areas have been selected for inclusion in The Best Lawyers in America® 2015. All of them have been named to the list at least once before, and many of them have been recognized for a number of…
8.15.2013
50 Tonkon Torp Attorneys Named to Best Lawyers in America® 2014
Fifty Tonkon Torp lawyers representing 42 practice areas were selected for inclusion in The Best Lawyers in America® 2014. “We are honored to have more than half of the firm’s partners recognized by the larger legal community for their legal talent…
9.17.2012
Manage Insurance Coverage Like Risks
In his September 11 "Risky Business" article for the Daily Journal of Commerce, Frank Weiss discusses the importance of insurance policy management. By observing a few simple guidelines, owners can help ensure that their companies receive the full…
8.29.2012
Best Lawyers in America® Names 50 Tonkon Torp Attorneys to 2013 List
Lawyers from Tonkon Torp LLP continue to earn the high regard and professional respect of their peers and litigation adversaries. This year, 50 Tonkon Torp lawyers - well more than half of the firm's partners - were selected by their peers for…
1.17.2012
Supreme Court Selects Tonkon Torp Attorney for Oregon State Bar Disciplinary Board
The Oregon Supreme Court has appointed Frank J. Weiss to a three year term on the Oregon State Bar Disciplinary Board.
12.8.2011
Tonkon Torp Litigator Presents Continuing Legal Education Seminar on Conflicts of Interest
Tonkon Torp litigator Frank J. Weiss was a recent presenter at a National Business Institute seminar on Legal Ethics: Solutions to the Most Common Problems. Weiss spoke on the topic of Identifying and Avoiding Conflicts of Interest.
10.28.2011
Surviving Winter - The Ninth Circuit Reaffirms the "Serious Questions" Test for Injunctive Relief
In an article published in the Fall 2011 issue of Litigation Journal, Paul Conable and Frank Weiss discuss the recent opinion authored by Judge William A. Fletcher - Alliance for the Wild Rockies v. Cottrell. In the opinion, the Ninth Circuit held…
9.15.2011
Tonkon Torp Litigator Appointed to Multnomah Bar's Professionalism Committee
Tonkon Torp litigator Frank J. Weiss has been appointed to serve a three-year term on the Multnomah Bar Association's Professionalism Committee.
4.16.2007
Think Twice Before Accepting an Assignment of Insurance Rights - Anti-Assignment Provisions may be Enforced in Oregon
The Oregon Supreme Court recently found in Holloway v. Republic Indemnity Company of America that a standard anti-assignment provision in a liability insurance policy barred an insured from assigning policy rights after a loss. This decision is a…
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Publications & Presentations
"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