Alex Tinker

Alex Tinker

Partner

503.802.5734
alex.tinker@tonkon.com

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Services & Industries

Education

J.D.,summa cum laude, Lewis & Clark Law School

B.S., University of Oregon

Bar & Court Admissions

Oregon State Bar
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, District of Oregon

Overview

Alex helps clients resolve business disputes both in and out of court. He focuses his practice on protecting and enforcing disputed contractual rights and obligations, and on resolving and avoiding corporate governance issues and other intra-company disputes. He is experienced in pursuing and defending business-related claims such as breach of contract, tortious interference in business relations, fraud and misrepresentation, and breach of fiduciary duty. He also defends licensees charged with regulatory violations by the Oregon Liquor and Cannabis Commission (OLCC).

The most rewarding aspect of work for Alex is teaming with clients to identify key interests and develop and execute strategies to advance and protect those interests. He likes to see his clients thrive and when a fight is necessary, he likes to help them win.

Alex has helped a broad diversity of businesses and individuals accomplish their objectives through litigation through to verdict and judgment via jury and bench trials, arbitrations, and contested case administrative hearings. He is also experienced in protecting wins on appeal.

Alex is the former chair of Tonkon Torp’s Cannabis Industry Group. He has served on the boards of directors for the Oregon Cannabis Association and the Resource Innovation Institute and was a member of the OLCC Rules Advisory Committee on enforcement reform.

Alex currently focuses his volunteer work on improving equity and excellence in public schools and strengthening community connection and resiliency. Alex also represents underserved individuals pro bono in coordination with Legal Aid Services of Oregon. Prior to his legal career, Alex worked in public policy advocacy, both as a civic engagement director for a climate- and energy-focused nonprofit and as an aide in the Oregon State Legislature.

Representative Work

Representative Matters

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.

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

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.

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.

​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.

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.

​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.

​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.

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.

Utility Ratemaking

Successfully opposed a city's effort to push $7 million in local taxes onto publicly traded utility's shareholders.

Arbitration of Claims from Sale of Business

Completed a successful arbitration to enforce payment owed to clients, family members who founded and grew a successful Northwest business and then sold the business to a large national corporation. Defeated all of the buyer's justifications for not paying, which included counterclaims involving indemnities and accounting issues. Clients received a multi-million dollar award.

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.

Activities & Memberships

Community Involvement & Activities

Portland Story Theater
2018-Present, Board Member

University Club of Portland
2024-Present, Diversity & Inclusion Committee

Bonnie Jeanne Tinker Memorial Fund
2010-Present, President

ACLU Foundation of Oregon
2015-2022, Cooperating Attorney

Oregon Liquor Control Commission
2021-2022, Enforcement Rules Advisory Committee Member

Resource Innovation Institute
2016-2022, Board Member

Oregon Cannabis Association
2019-2020, 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

Awards & Recognition

The Best Lawyers in America

2021-2025, Ones to Watch – Administrative/Regulatory Law
2021-2025, Ones to Watch – Commercial Litigation
2021-2025, Ones to Watch – Corporate Law

Super Lawyers

2016–2024, Oregon Rising Star – Business Litigation

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News & Publications

Best Lawyers in America Names 15 Tonkon Torp Attorneys to 2025 Ones to Watch List

Fifteen Tonkon Torp lawyers representing 17 practice groups have been named to The Best Lawyers in America® 2025 Ones to Watch directory. Best Lawyers Ones to Watch is a peer-review honor that acknowledges the professional excellence of attorneys who have been in private practice for less than 10 years.

33 Tonkon Torp Attorneys Honored on 2024 Super Lawyers Lists

Thirty-three Tonkon Torp attorneys in 12 practice areas have been included in the 2024 Oregon Super Lawyers or Rising Stars lists.

Best Lawyers in America® Names 17 Tonkon Torp Attorneys to 2024 Ones to Watch List

Seventeen Tonkon Torp lawyers representing 18 practice groups have been named to The Best Lawyers in America 2024 Ones to Watch directory. Best Lawyers: Ones to Watch is a peer-review honor that acknowledges the professional excellence of attorneys who have been in private practice for less than 10 years.

39 Tonkon Torp Attorneys Honored on 2023 Super Lawyers Lists

Thirty-nine Tonkon Torp attorneys in 12 practice areas have been included in the 2023 Oregon Super Lawyers or Rising Stars lists.

Best Lawyers in America® Names 16 Tonkon Torp Attorneys to 2023 Ones to Watch List

Sixteen Tonkon Torp lawyers representing 16 practice groups have been named to The Best Lawyers in America 2023 Ones to Watch directory.

All News Items

Regulators from Cannabis-Legal States Form National Association

Late in 2020, the new national organization Cannabis Regulators Association (CANNRA) was formed. While not much has been publicized about the organization’s work or efforts since it officially launched, its formation represents a major step towards unifying cannabis regulations and policies on a national level by organizing participating legalized states (medical, recreational, or both) into a formal group.

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 will be coming to them directly due to the ongoing conflict between state and federal law over the legality of the product.

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 ship hemp from one state to another.

Publications & Presentations

“Regulators from Cannabis-Legal States Form National Association, Tonkon Torp Legal Update, October 2021

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