Anna Sortun

Anna Sortun

Partner

503.802.2107
anna.sortun@tonkon.com

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Services & Industries

Education

J.D., University of Oregon School of Law, 2004, Order of the Coif, Editor-in-Chief, Oregon Law Review

B.A., University of Washington, 2000

Certificate of Mandarin Studies, Nanjing University, 1999

Bar & Court Admissions

Oregon State Bar
Washington State Bar Association
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court, District of Oregon
U.S. District Court, Eastern and Western Districts of Washington
U.S. Supreme Court

Anna has a wide-ranging commercial litigation practice including contract litigation, disputes between business owners, consumer protection matters, and complex tort cases. Over the course of her career, Anna has tried more than a dozen jury trials to verdict in state and federal court, and has ushered hundreds of cases to resolution, through arbitration, motions practice, or settlement. Anna served as the Co-Chair of Tonkon Torp’s Litigation Department from 2018 through 2022.

In addition to her litigation practice, Anna is an active member of the community. She currently serves on the board of directors of Oregon Humanities and previously sat on the boards of Emerge Oregon, Northwest Professional Dance Project, and Photolucida. She sits on the Executive Committee of the Oregon State Bar Litigation Section. From 2019 to 2021, Anna served as a Commissioner on the Oregon Government Ethics Commission. Anna also regularly handles pro bono matters on behalf of clients in need.

In 2020, Anna was inducted as a Fellow in the International Society of Barristers, an honor society that maintains a worldwide membership of less than 750 trial lawyers deemed by their peers and judges to be “outstanding in the field of advocacy.” Super Lawyers has listed Anna among the top 50 Oregon lawyers and top 25 Oregon women lawyers. She is also listed in Best Lawyers in America and Chambers USA. The Portland Business Journal named Anna as one of its Forty Under 40 for 2017, an award recognizing influential business and community leaders in the greater Portland area who are under 40 years old.

Prior to joining Tonkon Torp, Anna was a law clerk for The Honorable Alfred T. Goodwin, on the United States Court of Appeals for the Ninth Circuit.

Representative Matters

Product Liability Defense

Defended a product manufacturer, its parent company, and a national online retailer against product liability claims of approximately $100 million, with parties and witnesses spanning 10 U.S. jurisdictions and three countries. Ultimately resolved the matter for a small fraction of claimed damages.

Helicopter Transport Services, Inc.

Won partial summary judgment for Helicopter Transport Services, Inc. in a dispute with competitor Erickson Air-Crane Inc., alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims. 

Dissenter Rights

Favorably resolved a dispute over the value of a former executive's minority shares in the company following a squeeze-out merger.

Valuation Dispute

Assisted a company in redeeming its former CEO’s shares after a dispute over valuation by leveraging Oregon’s dissenters’ rights statutes and petitioning the court for a judicial appraisal, resulting in a reasonable parting of ways.

Shareholder Agreement Dispute

Protected the majority owners of a manufacturing company from a minority shareholder who refused to redeem minority shares under a shareholder agreement, resulting in an award to our clients of specific performance, a new share valuation, and significant attorney fees.

Governance Dispute

Helped a majority member of an LLC wrest back control of a large recycling outfit after a minority member took illegitimate steps to lock the majority member out of the business. We helped by finalizing an unfinished business transaction and cleaning up corporate record-keeping prior to arbitration.

Product Liability Defense

Defended a national wearable device manufacturer against claims that one of its products was dangerously defective. Following an arbitration, we received a complete defense victory. 

Beal v. Kerr Cruickshank

(Oregon State Court) – Part of a team that obtained a multi-million dollar jury verdict arising out of the client's losses in an investment fund.
Read more: "Jury says it matters what investment firms say to clients when an adviser leaves," Oregonian, August 4, 2012.

CLM-OR 5th LLC v. Woods

(Oregon State Court) – First-chaired a jury trial on a breach of guaranty claim; secured multi-million dollar money judgments against two guarantors of client's debt following trial.

Evergreen Holdings, Inc. v. Erickson Air Crane, Inc.

(USDC for the District of Oregon) – Won partial summary judgment in case alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims; remaining claims settled to the parties' satisfaction.

Lyon v. Chase Bank USA, NA

656 F.3d 877 (9th Cir. 2011) – Won an appeal in the Ninth Circuit under the Fair Credit Billing Act, resulting in an award of attorney fees to the client. First-chaired a federal jury trial in the U.S. District Court for the District of Oregon on the client's credit defamation claim.

Mellen et al. v. Kasey Anderson, dba Red River Records

(USDC Oregon) – Successfully asserted fraud and breach of contract claims against a local musician, resulting in a money judgment on behalf of investor clients.

Turner v. Chaney

(Oregon State Court) – First-chaired a jury trial on breach of contract claims, resulting in a win for the client.

Consumer Law

Represented an individual consumer in a successful lawsuit against a large credit card company for unlawful practices under the Fair Credit Billing Act and Unlawful Debt Collection Practices Act. (Ninth Circuit Court of Appeals)

Consumer Protection

Representing multiple national companies in consumer protection matters, including claims under the Oregon Unfair Trade Practices Act and Federal Food, Drug, and Cosmetic Act claims.

Criminal Fraud

Securing a large judgment on behalf of a group of investors in a fraud and breach of fiduciary duties case, leading to eventual federal criminal charges against the defendant.

Environmental Contamination

Obtaining a defense verdict as trial counsel for a large public company following a seven-week jury trial relating to insurance coverage for liability for environmental contamination at three superfund sites, including the Portland Harbor, and over 1,200 asbestos claims.

Fair Credit Billing Act Appeal

Prevailing in an appeal before the Ninth Circuit Court of Appeals involving Fair Credit Billing Act and Unlawful Debt Collection Practices Act claims.

Food and Beverage Fraud

Successfully defending a food-and-beverage business in a jury trial involving breach of contract and fraud claims, resulting in an award of attorney fees to her client. 

Lead Trial Counsel

Serving as lead trial counsel in more than a dozen state and federal trials.

Breach of Contract

Prevailing in a jury trial involving breach of contract and statutory claims brought on behalf of a financial company, securing a multi-million dollar judgment for her client.

Allianz Global Risks US Insurance Co. v. ACE Property & Casualty Insurance Co. et. al

Following a seven-week jury trial, secured a complete victory for Con-way, a $5.5 billion American multinational freight transportation company. At issue was the question of responsibility for some portion of defense and indemnity costs associated with three Superfund sites, including the Portland Harbor, and over 1500 asbestos lawsuits. Tonkon Torp successfully argued that certain of Con-way’s historic insurance policies did not apply to claims against the current property owner.

William Davis et al. v. Cascade Tanks LLC et al.

Successfully abated breach of contract and business tort claims against client, enforcing foreign arbitration agreement.

Shareholder Oppression Claims

Brought claims for minority shareholder oppression and employment discrimination. After obtaining partial summary judgment, we obtained a favorable settlement for our client.

Columbia Helicopters v. Boeing

Represented Columbia Helicopters in a dispute over Boeing’s refusal to sell Boeing helicopter parts to Oregon-based Columbia Helicopters, to allow Columbia to fulfill its contracts to repair Boeing-manufactured military CH-47 Chinook helicopters. To resolve threatened antitrust litigation, Boeing ultimately agreed to recognize Columbia Helicopters as an independent service organization provide Columbia with Boeing parts to perform CH-47 repair services.

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.

Thomas Michael Anderson, as Trustee of the Timothy P. Moyer Trust, et v. Sturgeon et. al.

(Multnomah County Circuit Court) – Defended president of property management company against claims for breach of contract and breaches of fiduciary duty. Obtained summary judgment dismissing complaint in its entirety.

Columbia Helicopters v Honeywell

Successfully negotiated agreement on behalf of Columbia Helicopters in a dispute with Honeywell, a leading manufacturer of engines for military helicopters, after alleging an unlawful refusal to deal under the Sherman Act on the part of Honeywell.

Patent Infringement

Represent Apeldyn Corporation in patent infringement litigation against Sony, Samsung, AU Optronics, and Chi Mei Optoelectronics. The lawsuits are for infringement of Apeldyn's patents related to the fast response liquid crystal systems used in flat panel screens. (Federal Circuit Court of Appeals)

The Ramos Project

In April 2020, the U.S. Supreme Court struck down non-unanimous jury convictions in criminal cases in Ramos v. Louisiana. A shameful carryover from the Jim Crow era, Louisiana and Oregon were the last two states that allowed non-unanimous criminal convictions when as many as two jurors believed a defendant was innocent. Overnight, more than 260 cases in Oregon became eligible to seek post-conviction relief for unconstitutional non-unanimous convictions. Housed in the Criminal Justice Reform Clinic (CJRC) at Lewis & Clark Law School, the Ramos Project is a statewide pro-bono initiative providing legal assistance to those seeking redress.

Tonkon Torp Guides Pacific Foods through Oregon’s Largest Acquisition of 2017

Tonkon Torp led Oregon’s largest M&A transaction in 2017, the $700 million acquisition of Tualatin-based Pacific Foods of Oregon LLC by Campbell Investment Company. Pacific Foods is an iconic, nationally distributed organic food brand founded in 1987.

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.

Giving Infants and Toddlers an Early Head Start

When Albina Head Start, Inc. received a significant grant award to expand the agency’s services, its management called on Tonkon Torp to help address many legal and business issues.

Community Involvement & Activities

Oregon Humanities
Board Member

Oregon Law Center and Legal Aid Services of Oregon
Pro Bono Volunteer

Oregon State Bar Litigation Section
Executive Committee Member

Oregon State Bar Litigation Journal
Editorial Board

Photolucida
Advisory Board Member

OSB Committee on Federal Practice & Procedure
Past Chair of the Pro Bono Subcommittee
Member

Oregon Government Ethics Commission
2019-2021, Commissioner

Emerge Oregon
Past Board Member

Business for Culture and the Arts
Art of Leadership Program 2011

Northwest Dance Project
Past Board Member


Professional Memberships

American Bar Association
Gus J. Solomon Inn of Court
International Society of Barristers
Multnomah Bar Association
Oregon Association of Defense Counsel
Oregon Women Lawyers

The Best Lawyers in America

2022-2023, Commercial Litigation
2022-2023, Litigation – Insurance
2022-2023, Product Liability Litigation – Defendants

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Chambers USA: America's Leading Lawyers

2021-2022, Litigation: General Commercial Law

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Super Lawyers

2022, Top 25 Women Oregon Super Lawyers
2022, Top 50 Oregon Super Lawyers
2017-2022, Oregon Super Lawyer – Business Litigation
2013-2016, Oregon Rising Star – Business Litigation

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International Society of Barristers

Fellow, 2020-Present

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Portland Business Journal

2017, Forty Under 40

Daily Journal of Commerce

2012, “Up & Coming Lawyer” Portland, Oregon

Multnomah Bar Association

2007, Pro Bono Award of Merit

AG Rosenblum, Tonkon Torp, and Oregon Law Firms Launch Reproductive Rights Hotline

Best Lawyers in America® Includes 53 Tonkon Torp Attorneys on 2023 List

Fifty-three Tonkon Torp lawyers representing 37 practice areas have been selected for inclusion in The Best Lawyers in America® 2023. Nearly all the attorneys have been previously named to the peer-review list, and most have been listed for more than 10 years.

31 Tonkon Torp Attorneys Honored on 2022 Super Lawyers Lists

Thirty-one Tonkon Torp attorneys in 11 practice areas have been included in the 2022 Oregon Super Lawyers or Rising Stars

Tonkon Attorneys Reflect on 25 Years of Forty Under 40

In May 2022, the Portland Business Journal celebrated the 25th anniversary of its popular Forty Under 40 award program. Since its inception, 10 Tonkon Torp attorneys have been recognized as Portland area business and community leaders who were under 40 years old at the time of their recognition.

Chambers USA 2022 Ranks 28 Tonkon Torp Attorneys

Chambers USA has recognized 28 Tonkon Torp attorneys in eight practice areas in its Chambers USA 2022 Guide.

All News Items

 

Publications & Presentations

Panelist, “Closing Arguments,” Multnomah Bar Association Young Lawyers Section, October 2021

Panelist, “Career Exploration: Strategies for Success in Private Practice with Mid-to-Large-sized Firms,” Oregon State Bar Leadership Institute, October 2021

“Depositions,” Multnomah Bar Association Young Lawyers Section, February 2021

“Appellate Considerations for Trial Counsel,” Litigation Journal, Fall 2020

Moderator, “Tools to Survive the COVID-19 Economy: CARES Act SBA Loans, Employment Laws, and Corporate Issues,” April 2020

“Closely Held Business Disputes from the Practitioner’s Perspective,” OSB Business Litigation Section, March 2019

“Best Practices in Crafting and Defending Buy-Sell Provisions,” OSB Business Law Section, June 2018

“An Underused Defense Tool?: Special Motions to Strike,” Litigation Journal, 2011

Co-Author, “Relevant Background Evidence” is Swallowing Rule: Applying FRE 404 in Discrimination Cases, Litigation Journal, 2006

“Rebutting the Parental Presumption in Oregon,” 82 OR. L. Rev. 1191, 2003