Manufacturing
Our manufacturing clients include makers of everything from heavy industrial equipment to silicon wafers. At every stage of development, Tonkon Torp helps guide manufacturing clients through a range of legal matters, from day-to-day operations through real estate transactions to product distribution. We have experience with the specific types of risks that manufacturers face, from contract disputes and product liability to workplace injuries. Our attorneys have a proven record of success with matters concerning the WARN Act, OSHA, EPA regulations, and trade and antitrust regulations.

Tonkon Torp services to manufacturing clients include:
  • Venture capital financings and public offerings
  • Corporate ownership, control, and management
  • Corporate governance
  • Business administration and regulatory compliance
  • Intellectual property protection and litigation
  • Distribution contracts and agreements
  • Mergers and acquisitions
  • Product liability litigation
  • Real estate and land use
  • Environmental compliance and regulation
  • Labor and employment
  • Tax

Tonkon Torp Completes Complex Asset Sale for Privately Held Business

In late 2014, Tonkon Torp represented a privately held heavy industrial equipment manufacturer in a complex transaction that included selling business assets and real property, and leasing other related business property. The selling company is a long-term client of the firm.

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.

Tonkon Torp Wins Intellectual Property Judgment for AXTS and Rainier Arms

Jon Stride, lead trial lawyer for Tonkon Torp's Intellectual Property Practice Group, successfully pursued trademark infringement and counterfeiting claims on behalf of AXTS (Salem, OR) and Rainier Arms. AXTS manufactures high-quality after-market firearm parts. It co-brands the RAPTOR charging handle part for AR 15 rifles with Rainier Arms (Auburn, WA) which is sold throughout the United States.

Diverse Team Aids Greenbrier in Joint Venture

Tonkon Torp acted as Oregon corporate counsel for its long-term client The Greenbrier Companies, Inc. in finalizing a 50/50 joint venture with Watco Companies, L.L.C. The venture combines the two companies’ railcar repair, refurbishment and maintenance businesses into a new organization, GBW Railcar Services, LLC.

Tonkon Torp Helps CLIMAX Strengthen Worldwide Market Position

Tonkon Torp represented Newberg, Oregon-based CLIMAX Portable Machining and Welding Systems, in its acquisition in 2013 of Houston-based Calder Testers. Founded in 1966, CLIMAX is the world’s largest supplier of portable machine tools for the power generation, shipbuilding, heavy construction and mining, petrochemical and engineering industries.

Tonkon Torp Facilitates Greenbrier Subsidiary Divestiture

Earlier this year, Tonkon Torp represented Meridian Rail Acquisitions Corp., a subsidiary of the firm’s long-standing client The Greenbrier Companies, in the sale of substantially all of the equipment utilized in Greenbrier's reconditioned wheelset roller bearing operations in Elizabethtown, Kentucky. The purchaser was The Timken Companies, a global manufacturer of mechanical components and high-performance steel, including bearings.

Tonkon Torp and Law Firm Alliance Partner Facilitate Key Technology Merger

Tonkon Torp represented Key Technology in its acquisition of Belgium-based Visys N.V. The deal, valued at approximately $21 million, created a single source of high-performance sorting technologies for food processing and other industrial markets. Find details and more featured cases here.

Sale of Specialty Pharmacy Company

Represented seller in the restructure and sale of a 51% interest in a specialty pharmacy company.

Sale of Cadet Manufacturing Company

Tonkon Torp negotiated and finalized the sale of Vancouver-based Cadet Manufacturing to an Irish company called Glen Dimplex, the world's largest electric heat manufacturer.

Acquisition of Hickory Spring Foam Manufacturing Facility

Represented FXI, Inc., a manufacturer of innovative foam technology headquartered in Media, Pennsylvania, in its acquisition of the Hickory Spring foam manufacturing facility located in NE Portland.

Advised Client on Washington State Regulations Regarding Toxics in Children's Products

Provided legal advice to manufacturer of consumer electronics about Washington state regulations that govern toxics in children's products. The client needed to know whether such regulations could potentially impose requirements on manufacturers of consumer electronic products to which children are likely to be exposed, but which are not manufactured specifically for or advertised directly to children (for example, remote controls or PC tablets).?

Somarakis, Inc. v. Dekker Vacuum Technologies

Representing an international manufacturer of industrial vacuum pumps against a competitor for misappropriating the client's trade secrets and using the trade secrets to interfere with the client's business. The case is filed in the United States District Court for the Middle District of Florida.

USPTO Trademark Trial and Appeal Board

Represented Sunstone Circuits, a manufacturing and design company in the printed circuit board industry, in the successful resolution and settlement of a trademark dispute before the USPTO Trademark Trial and Appeal Board.

Counterfeiting and Patent Infringement Matter

Representing a Japanese manufacturer of office supplies against a U.S. retailer and Chinese manufacturer in a counterfeiting and design patent infringement matter.

Defense of Distributor Accused of Copyright and Trademark Infringement

Representing a U.S. distributor accused of infringing copyrights and trademarks arising from the purchase and importation of products from a Chinese manufacturer who was licensed to make and sell the products.

Defended Pet Toy Manufacturer

Successfully defended pet toy manufacturer against a motion for temporary restraining order and preliminary injunction based upon allegations of trademark infringement.

Construction Equipment Company Sold to Petron Enterprises. Inc.

Represented the seller in the sale of the assets of a Tualatin, Oregon rock crushing equipment manufacturer.

Sale of Industrial Equipment Manufacturer Assets and Real Property

Represented a heavy equipment manufacturer in the sale of its business assets and real property which involved debt payoff, real property sale and leasing, and product manufacturing issues.

Products Liability

Successfully defended a large manufacturing company against products liability and breach of warranty claims filed in the U.S. District Court, District of Nebraska by establishing that plaintiff's alleged losses were caused by a component part manufacturer and by plaintiff's own negligence.

Benson Industries

Represented Benson Industries, one of the world's largest designers and manufacturers of the glass and metal curtain walls (building facades), in an eight figure sale to a subsidiary of Berkshire Hathaway.

Facilitation of Key Technology Merger

Represented Key Technology in its acquisition of Belgium-based Visys N.V. The deal, valued at approximately $21 million, created a single, complete source of high-performance digital sorting technologies for food processing and other industrial markets. The transaction involved substantial due diligence regarding intellectual property litigation matters and the acquisition of a company partially owned by Belgian regional government entities. 

Tinn v. EMM Labs, Inc.

Won a multi-million dollar federal court jury trial on behalf of our client EMM Labs, a Canadian manufacturer of high-end audio equipment. Defeated the plaintiff's claims under a distribution agreement and prevailed on our client's counterclaim.

Thomas Whiteman, et al. v. David Evans & Associates, Inc.

(Clackamas County Circuit Court) - Successfully defend breach of contract claims and assert breach of fiduciary duty claims against past officers and shareholders.

Meridian Rail Acquisitions Corp.

Represented The Greenbrier Companies, Inc.'s subsidiary, Meridian Rail Acquisition Corp., in the sale of substantially all of the operating assets employed in its railcar wheelset roller bearing reconditioning facility and in entering into a long term supply agreement for reconditioned and new bearings with the purchaser.

Bet the Company Cases

Tonkon Torp has been involved in a collection of “bet the company” cases regarding D.B. Western, the largest producer of formaldehyde in the world. The firm has managed criminal and civil litigation and remediation related to the alleged illegal disposal of formaldehyde-related wastes. In 2010, following significant discovery and motion practice, the federal government dismissed its criminal complaint against the company. Litigation with the State of Oregon is ongoing.

Stormwater Compliance Counseling

Regularly represent a variety of manufacturing and commercial operations to come into or maintain compliance with state, municipal, and local stormwater regulations.

Portland Harbor Superfund Site (CERCLA)

Ongoing representation of a large manufacturing company in the $100 million Remedial Investigation/Feasibility Study for remediation of the Portland Harbor Superfund Site, which has been ongoing for over a decade.

Due Diligence in Bankruptcy Proceedings

Provided environmental due diligence for the sale of multiple divisions of a manufacturing company out of a bankruptcy proceeding.

Environmental Audit Oversight

Conducted environmental audits of manufacturing facilities.

Hazardous Waste (RCRA) Violation Defense

Defended a large manufacturing client against multiple hazardous waste violation claims by the Oregon Department of Environmental Quality, resulting in a reduction of almost $200,000 in assessed violations.

Endorsement Agreement

Drafted and negotiated an agreement involving the endorsement services of a reputable, well-known industry expert for a client engaged in manufacturing and selling consumer products.

Logistics, Transportation and Warehousing Services Agreement

Partnered with local in-house counsel of an international company to negotiate and draft a complex logistics, transportation and warehousing services agreement taking place in a foreign jurisdiction. The agreement, which had an estimated spend of approximately $100,000,000, involved the provision of unique transitional services, a comprehensive risk management program and the assumption by the service provider of real property leases and unionized labor obligations.

Key Technology, Inc.

Represented Key Technology, Inc. in its acquisition of a minority interest in Proditec S.A.

Valentine Walker Properties v. Tri-Way Industries

Representing Tri-Way Industries in the defense of statutory and common law claims for environmental contamination seeking damages of over $5 million for damages allegedly caused by Tri-Way's business operations.

Union Pacific RR v. Greenbrier Rail Services

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.

FMC v. Key Technology

(Ohio state court) - Represented Key Technology in a trade secret case involving the design and manufacture of optical sorters for food industry. We prevailed following a preliminary injunction evidentiary hearing.

Key Technology v. Heat and Control

(AAA arbitration) - Represented Key Technology in a breach of contract case involving a license to a distributor/competitor of confidential know-how related to vibratory conveyors. The matter settled after some discovery.

Sunstone Circuits v. PCB Universe

(Oregon state court) - Represented printed circuit board manufacturer against competitor and former employees in claims for breach of non-competition and non-solicitation. Successfully obtained stipulated permanent injunction against competitor as part of settlement.

G. Loomis, Inc. v. Loomis, et al.

(USDC, W.D. Wash.) - Defended North Fork Composite in a trademark infringement matter against one of world’s foremost experts in the manufacture and design of fishing rods. The case was resolved when the plaintiff dismissed its case and North Fork filed a motion to dismiss.

GT Development Corp. v. Temco Metal Products Company

(USDC, W.D. Wash.) - Following Markman hearing and plaintiff's dismissal of case, obtained substantial award of attorney fees for defendant in patent infringement action.

Patent Group, LLC v. Yakima Products, Inc.

(USDC, E.D. Texas) - Retained to defend claims for false patent marking. Negotiated settlement.

Actech v. Thetford Corporation

(USDC, W.D. Wash.) - Represented Achtech, a manufacturer of recreational vehicle waste disposal systems against a competitor who had wrongfully asserted an invalid patent in the marketplace.  Actech's claims asserted a declaration of patent invalidity and antitrust violations. The case settled following our invalidity and damages analysis.

Industrial Adhesives v. Linear Products

(USDC, D. Or.) - Represented a defendant in a patent infringement claim related to a high technology machine for applying tempered string to plywood laminations to strengthen the plywood. The case settled after we provided prior art that would invalidate the patent.

Ranger Enterprises v. Leen & Associates

(USDC, D. Or.) - Successfully defended company against claims for misappropriation of trade secrets and confidential information.

Wessa v. Watermark Paddlesports Inc.

(USDC, W.D. Wash.) - Contract dispute over asset purchase and earn-out where primary asset purchased was patent.

Pacific Scientific v. Lighthouse Worldwide Solutions

(Oregon state court) - Represented defendant in a trade secret case involving the design and manufacture of handheld and portable particle counters for clean room applications. We prevailed following a preliminary injunction evidentiary hearing.

Tidewater Barge Lines

Represented Tidewater Barge Lines, a regional transportation provider, in a nine figure sale to a financial buyer.

Union Pacific RR v. Greenbrier Rail Services

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.

Federal Government Contract Awards

Assisted a client with Federal Acquisition Regulations analysis and in responding to and submitting a bid for two, separate federal government requests for proposals, both, of which, resulted in contract awards for the client.

In re Beall Corporation

(Bankr. D. Or.) - Beall Corporation manufactured truck tanks and trailers at multiple factories and operated sales and service branches across the western United States. Tonkon represented Beall in its Chapter 11 case. The company's divisions were sold as going concerns to four different purchasers and a Plan of Liquidation is scheduled for confirmation in September of 2013.  

Online Advertising and Website Compliance

Represented children's products retailer in auditing and revising its website, online marketing practices, and website privacy policy and terms of use for compliance with various information privacy, security and consumer protection laws and regulations, including the Children's Online Privacy Protection Act ("COPPA").

Public Company Convertible Senior Notes Offering

Represented The Greenbrier Companies, Inc. as local counsel in its offering of $230,000,000 of 3.5% Convertible Senior Notes due in 2018.

Land Use

Represented a ?large industrial landowner in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)

Public Company Common Stock Offering

Represented The Greenbrier Companies, Inc. as local counsel in its offering of 3,000,000 shares of common stock.

Feltsan v. Cleanpak International

Successfully defend claims for negligence and premise liability brought by injured work seeking damages of $1.5 million.

City of Albany v. SVC Manufacturing Inc.

Defended SVC, a subsidiary of PepsiCo Americas Beverages, in a $105,000,000 breach of contract action filed by the City of Albany after SVC terminated a development agreement pursuant to which SVC was to build a Gatorade plant in Albany.

Parker v. Seaswirl Boats

Successfully defending claims of warranty and defective product involving the purchase and sale of a yacht.

Greenbrier Leasing v. Albany & Eastern RR

Successfully asserting claims for breach of contract and promissory estoppel seeking damages of $1.5 million arising from failure to honor lease obligations.

Entitlement to Insurance Coverage

Upheld grant of judgment establishing entitlement to insurance coverage for a multi-car train derailment. (Texas Appellate Court)

Acquisition of Assets of American Allied

Represented The Greenbrier Companies, Inc. in connection with acquisitions of assets of American Allied and related entities for $83 million.

Burlington Northern & Santa Fe RR v. Gunderson, Inc.

Prevailed on summary judgment against a nearly $15 million claim filed in Texas arising out of a train derailment in Nebraska.

In re Columbia Aircraft Manufacturing Corporation

(Bankr. D. Or.) - Columbia Aircraft Manufacturing Corporation designed and manufactured single-engine, composite airplanes that were rated as the world's fastest production model piston aircraft. Tonkon represented Columbia Aircraft Manufacturing in its Chapter 11 bankruptcy case that resulted in the sale of the company to Cessna Aircraft and subsequent confirmation of the company's Plan of Reorganization. 

Trotter v. Union Pacific

Successfully defend third-party claims seeking indemnity and contribution for damages arising from a serious workplace injury involving the loss of limb.

Asbestos Claims

Recovered several million dollars in settlement of insurance coverage action seeking coverage for asbestos claims filed across the country, California Superior Court, San Francisco.

Meridian Rail Holdings Corporation Stock Acquisitions

Represented The Greenbrier Companies, Inc. in connection with acquisitions of stock of Meridian Rail Holdings Corporation for approximately $230 million.

Acquisitions of Operating Assets

Represented The Greenbrier Companies, Inc. in connection with acquisitions of operating assets of Rail Car America, Inc. (RCA), its American Hydraulics division, and its wholly-owned subsidiary, Brandon Corp., for $34 million.

Confidential

(United States District Court, District of Oregon) - Prevailed on summary judgment against dissenters' rights and breach of fiduciary duty claims seeking nearly $3,000,000. 

Reorganization of Company Entities and Divisions

Represented Dental Components, Inc., a dental products manufacturer, in connection with the reorganization of seven corporate and limited liability company entities and divisions, and subsequent sale of related assets for $83 million.

Symbol Technologies v. Continuum Technology

(USDC, E. NY) - Successfully assert claims for breach of contract and preliminary and permanent injunction arising from unauthorized use of bar code technologies.

Pixelvision v. Voxtel

(Multnomah County Circuit Court) - Successfully assert claims of breaches of contract and fiduciary duties seeking damages of nearly $4 million arising from failure to deliver securities.  

In re Northwest Pipe Company

(Bankr. D. Id.) - Tonkon represented the principal secured lender in the Chapter 11 case of a company now known as Northwest Pipe Company. With the support and financial backing of West One Bank Idaho, Northwest Pipe Company used its Chapter 11 case to recapitalize and emerge as one of Oregon's strongest publicly-held companies. 

Representative Matters

Sale of Specialty Pharmacy Company

Represented seller in the restructure and sale of a 51% interest in a specialty pharmacy company.