Services & Industries
Education
J.D., summa cum laude, Willamette University College of Law, 1968
L.L.M., George Washington University, 1972
B.A., Willamette University, 1965
Bar & Court Admissions
Oregon State Bar
U.S. District Court, District of Oregon
Ninth Circuit Court of Appeals
U.S. Supreme Court
Widely recognized for trial excellence during his past 50 plus years of practice, Dan represents both plaintiffs and defendants in their complex commercial litigation and disputes. He was the 2010-2012 State Chair of the American College of Trial Lawyers (ACTL) and served as Chair of the national ACTL Jury Committee. He is a fellow and past state Chair in the International Society of Barristers.
Dan’s background includes litigation involving securities, corporate governance, energy, and general business issues. He regularly represents clients in cases involving the jurisdiction of U.S. courts over international transactions, disputes, and enforcement of judgments.
The defense of securities class actions and derivative claims is a particular area of achievement for Dan. He represents clients regionally, nationally, and internationally. Dan’s IP litigation experience includes enforcement of high tech firms’ noncompetition and trade secrets agreements.
Dan frequently serves as a mediator or arbitrator in commercial and other complex disputes. His listings in Best Lawyers in America include ADR services. In addition, he regularly testifies as an expert witness on attorneys’ fee issues.
Following law school, Dan served for four years as a captain in the U.S. Army’s Judge Advocate General (JAG) Corps.
A prolific writer, Dan has authored more than 20 CLE articles on substantive areas of the law and trial practice techniques, and served as co-editor of the 2012 two-volume Oregon State Bar CLE Oregon Civil Pleading and Practice.
Throughout his years of practice, Dan has received accolades from the Oregon and national legal community for his litigation practice. In October 2018, the Portland Business Journal featured Dan as a giant in Oregon corporation litigation. In recent years, Dan has added author to his credentials, first with the publication of his memoir Farm Boy: Growing up Progressive in Rural America. In Farm Boy, Dan reflects on growing up on a Montana farm established by his immigrant grandparents, mixing lighthearted stories of farm life with his brothers and sisters with thoughtful commentary on such charged social issues as immigration and rural development that resonate with today’s societal conversations. Most recently, Dan published the legal thriller The Devil’s Workshop, set in Portland Oregon, following the adventures of overweight and depressed attorney Tubby Ellis and his comrades as they go to battle against the largest firm in town – the one that recently fired Tubby. Both books are available digitally and in print through amazon.com.
Dan is also a songwriter and lead singer for a country western band.
Representative Matters
Representation of Second-Generation Business Owner
Defended and successfully resolved claims for breach of agreements that were made in connection with the transition of a family business from one generation to the next.
Starr-Wood v. Swanson et al.
Obtained Plaintiff's verdict in jury trial on breach of fiduciary duty claim on behalf of minority shareholders.
Amen v. Roberts
Obtained $5.1 million arbitration award against client's ex-husband for breach of an agreement to share profits in a business they formed together.
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.
Eischen v. AVIVA et. al.
Defended a class action shareholder claim through to completed trial, challenging AVIVA- Reebok merger.
Estates of Renae and Lola Cottam v. Nelson
(Coos County Circuit Court, No. 14-CV-0085) – 2014 judgment in wrongful death action of $2 million.
Midway-Sunset Cogeneration Company v. Southern California Gas
Achieved judgment valued at more than $9 million for a breach of contract case involving a cogeneration facility.
PPM Energy, Inc. v. Black Hills Power, Inc.
Represented an energy marketing company in arbitration claims for breach of an energy exchange agreement. The client was awarded $1.7 million in damages and favorable declaratory relief. The award was reduced to judgment in District Court, Jefferson County, Colorado.
McCormick & Schmick Restaurant Corp., v. Professional Facilities Management, Inc.
(U.S.D.C. Case No. 3:10-cv-362-pk) – Represented PFMI in defense of breach of contract and business tort claims filed by McCormick and Schmick relating to a repair and maintenance contract for a chain of 93 restaurants. Also filed counterclaims on behalf of PFMI for breach of contract and business torts. The case was settled on a confidential basis.
Allen v. OHSU
Successfully represented Oregon Health & Science University in defense of a whistleblower complaint.
Amen v. Roberts
$5.1 million arbitration award, reduced to judgment, February 2009, Josephine County, Oregon.
Broker-Dealer Mediation
Successful mediation of multiple plaintiffs' claims against a broker-dealer, 2008.
eFusion v. Zuber
Obtained injunction enforcing high tech firm’s non-competition and trade secrets agreement.
Eischen v. Avia et. al.
Defended a class action shareholder claim through to completed trial, challenging Avia-Reebok merger.
Estates of Renae and Lola Cottam v. Nelson (Coos County Circuit Court, No. 14-CV-0085)
2014 judgment in wrongful death action of $2 million.
Evergreen International Airlines v. Pan Am
Reclaimed leased aircraft from Pan Am bankruptcy on behalf of a private aviation company.
Gray and Company v. Archer Daniels Midland Company et al.
Successfully prosecuted plaintiffs’ antitrust case alleging price-fixing conspiracy by high fructose and corn syrup producers. Following successful appeal before the United States Court of Appeals for the Seventh Circuit, we negotiated a favorable settlement.
Johnson et al. v. Buchanan Ingersoll
$850,000 verdict in 2008 legal malpractice case.
Midway-Sunset Cogeneration Company v. Southern California Gas
Achieved a judgment valued at more than $9 million for a breach of contract case involving a cogeneration facility.
Nevada Cogeneration Associates v. Nevada Power Company
Awarded $1.3 million in arbitration for cogenerator against a utility for improper curtailment.
Power Medical System v. Intermedics
Obtained $9 million plaintiff’s verdict resulting from failed merger of a medical device company.
PPM Energy, Inc. v. Black Hills Power, Inc.
Represented the plaintiff, an energy marketing company, in arbitration claims, for breach of an energy exchange agreement. Client was awarded $1.7 million in damages and favorable declaratory relief. In this private arbitration matter, the award was reduced to judgment in District Court, Jefferson County Colorado.
Star-Wood v. Swanson et al.
Plaintiff's verdict, 2008 breach of fiduciary duty claim.
State of Oregon v. Philip Morris Incorporated
Served as one of the legal team members representing the state in Big Tobacco litigation which resulted in a $2.25 billion state settlement.
Word Logic v. Hewlett Packard
Settlement of plaintiff’s copyright infringement claims reported in Word Logic SEC filing (http://www.sec.gov/Archives/edgar/data/1139614/000110313204000042/wlq0604.htm).
WordLogic v. Hewlett Packard
(USDC, N.D. Cal.) – Represented WordLogic in copyright infringement and contract dispute involving client's software product.
WHI Hotel, LLC, et al. v. Wilsonville Holiday Partners LLC, et al.
Defended Wilsonville Holiday Partners (WHP) against claims for breach of warranty and misrepresentation in a hotel property sold by WHP to buyers in 2008. The buyers claimed that alleged defects in the hotel allowed water intrusion from the roof and windows. The case was tried to a jury in Washington County Circuit Court. Plaintiffs sought damages of $5 million and punitive damages of $15 million. After the jury had deliberated to impasse, the case was settled on terms favorable to the client, for a small fraction of the amount sought by plaintiff, and the settlement consisted mainly of forgiveness of a note from buyers to seller for seller financing of a portion of the purchase price.
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.
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.
Featured Work
Exploring Lewis and Clark College’s Perfect Storm
When the President of Lewis & Clark College made an unauthorized $10.5 million loan to an oil company that eventually defaulted on the loan, Tonkon Torp was asked to investigate.
Community Involvement & Activities
Oregon State Bar
Civil Jury Instructions Committee, Past Member
Civil Rights Section, Past Chair
2014, Military and Veterans Law Section, Treasurer
2003–2006, House of Delegates Member
Citizens’ Coalition for Court Funding
Past Board Member
United States Supreme Court Historical Society
2013–2014, Oregon State Membership Chair
Campaign for Equal Justice
2014–2016, Co-Chair, Large Firm Committee
Oregon State Parks Trust
Board of Trustees
Past Chairman
World Trade Club
Past President
Past Director
Cathedral School
Past Advisory Board
Professional Memberships
American Bar Association
American College of Trial Lawyers
2013-2015, Chair, ACTL Jury Committee
2010-2012, State Chair, Oregon
Federal Bar Association
International Society of Barristers
Past State Chair
Multnomah Bar Association
Oregon Association of Defense Counsel
Past Director
The Best Lawyers in America
2006–2024, Arbitration
2006–2024, Bet-the-Company Litigation
2006–2024, Commercial Litigation
2006–2023, Mediation
2016, Lawyer of the Year – Bet-the-Company Litigation
Chambers USA
2004-2019, Litigation: General Commercial Law
Super Lawyers
2006-2023, Oregon Super Lawyer – Business Litigation
2007, 2009-2015, Top 50 Oregon Super Lawyers
2014, Top 10 Oregon Super Lawyers
International Society of Barristers
Fellow
Benchmark Litigation
2011-2017, Litigation Star
Recent News
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2024 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2024. All of the attorneys have been previously named to the peer-review list, and most have been listed for more 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® 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
OSB Litigation Publication with Tonkon Torp Contributions Wins International Award
A recent publication from the Oregon State Bar Legal Publications, Oregon Civil Pleading and Litigation has won an Award of Outstanding Achievement from the Association for Continuing Legal Education. Partners Caroline Harris Crowne and Dan Skerritt were members of the editorial review board for the publication, and helped to develop and organize the list of topics for inclusion, recruit authors for the 48 chapters, and provide peer-review for the draft chapters
Publications & Presentations
A prolific writer, Dan has authored more than 20 CLE articles on substantive areas of the law and trial practice techniques. He recently authored the memoir Farm Boy: Growing up Progressive in Rural America and the legal thriller The Devil’s Workshop, both available for purchase at amazon.com.
“Why Not Trials Instead of Depositions?” Voir Dire, American Board of Trial Advocates, Summer 2019
“Why Not Trials Instead of Depositions?” Litigation Journal, American Bar Association, Winter 2019
“Cross Examination,” Multnomah Bar Association Young Lawyers Section Advanced Litigation Skills Series, 2015
“Litigation Masterclass,” 22nd Annual Litigation Institute, Oregon State Bar, 2015
“Trial Preparation,” Oregon State Bar New Lawyers Section
“Cross-Examination: Torching the Calendar,” The Art of Cross-Examination, Essays from the Bench and Bar, ABA Litigation Section, 2014
Co-Editor, Oregon Civil Pleading and Practice, Volumes 1 & 2, Oregon State Bar, 2012
Co-Editor, Oregon Civil Pleading and Practice Manual., Oregon State Bar
Panelist, “Making the Most of Your Expert.” Oregon Association of Defense Counsel, 2012.
“Oregon’s Expedited Trial Rule,” Oregon Association of Defense Counsel Annual Convention, 2010