Danny Newman

Danny Newman

Partner

503.802.2089
danny.newman@tonkon.com

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“Phenomenal. Danny simply out-lawyered them.” Creditors’ Committee Counsel, Partner at AmLaw 100 firm

“At his hourly rate, Danny might be the best bargain in bankruptcy law in America.” California based Restructuring Advisor

Services & Industries

Education

J.D., Northwestern University School of Law, 2014

B.A., Political Science and Public Policy, Rice University, 2010

Bar & Court Admissions

Oregon State Bar
State Bar of Texas
Washington State Bar Association
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Districts of Oregon, Western Texas, and Southern Texas
U.S. Bankruptcy Court for the District of Oregon, Western Texas, and Southern Texas

“It’s been a privilege working on this matter [against Danny] over the past 14 months and I’ve been so impressed with [his] advocacy.” Opposing counsel, Partner at Amlaw 200 Firm

Danny Newman is a partner in Tonkon Torp’s Litigation Department, where he focuses his work in bankruptcy and reorganization and serves as Co-Chair of the Government Law & Disputes Practice Group. He has worked on the largest chapter 11 cases in the Pacific Northwest, represented debtors and creditors of all kinds in state court litigation and out-of-court workouts, managed complex real estate and closely-held corporation disputes, and negotiated successful resolutions for challenges to ballot titles and investigations by various state agencies.

Danny joined Tonkon Torp—a 90-lawyer firm with its lone office in Portland, Oregon—after completing a clerkship with Judge Richard C. Tallman at the U.S. Court of Appeals for the 9th Circuit, focusing on the circuit’s civil appeals. Prior to that clerkship, Danny worked on large and complex bankruptcy cases, bet-the-company commercial and energy litigation, and government anti-corruption and bribery investigations in the Houston office of Paul Hastings LLP. In his first job out of law school, Danny served as a law clerk to Judge Xavier Rodriguez at the U.S. District Court for the Western District of Texas in San Antonio, where he assisted with all aspects of civil litigation — from motions to dismiss through trial — as well as with criminal substantive motions and trials.

Danny also previously co-taught a negotiations seminar as an adjunct professor at Gonzaga Law and at South Texas College of Law Houston. He maintains an active pro bono practice, including forming and advising nonprofit clients, representing immigrants seeking asylum or special status, and pursuing civil rights claims.

Danny earned his J.D. from Northwestern University School of Law in 2014, and graduated from Rice University in 2010 with a B.A. in Political Science and Public Policy, with a focus on American government and urban policy.

Outside of work, Danny enjoys grilling, sports, politics, international travel, exploring Portland’s restaurants and coffee shops, and hiking and relaxing everywhere from Oregon’s coast to Bend.

Representative Matters

Recent Matters

  • Representing NORPAC Foods, Inc and its affiliates as debtors in their chapter 11 cases
  • Representing majority shareholder in Easterday Ranches, Inc. and its affiliates in those chapter 11 cases
  • Represented real estate debtor in successfully defeating lender’s emergency receivership motion and negotiating settlement agreement
  • Represented landlord and largest creditor in Subchapter V bankruptcy
  • Represented a fortune 100 company as a creditor in multiple chapter 7 cases
  • Representing Talmage LLC and its co-defendants in 8-figure enforcement action by Oregon Attorney General
  • Represented the Oregon Farm Bureau in its successful challenge to Oregon Attorney General’s Ballot Title
  • Represented a cannabis client in its out-of-court workout and refinancing, including resolving eight-figures’ worth of claims against him and his various entities
  • Helped defeat summary judgment for a plaintiff public entity in an arbitration, leading to a seven-figure settlement before trial
  • Prepared a lawsuit and negotiated a seven-figure settlement for a public entity in a contract dispute
  • Representing related commercial real estate entities in various disputes among ownership group and with tenants
  • Aided in various other representations in state and federal court, and domestic and international arbitrations

Bankruptcy and Restructuring

  • Represented an energy company in its restructuring efforts for more than $2 billion in debts, from preparation for filing for Chapter 11 through confirmation. Responsibilities included the negotiation of settlements, drafting and arguing motions and applications at hearings, day-to-day management of restructuring process with the client and creditors, and claims objections.
  • Represented Official Committee of Unsecured Creditors in the Commonwealth of Puerto Rico on a variety of issues, including, most notably, the restructuring of the Government Development Bank for Puerto Rico.
  • Represented a large industrial-technology firm in various adversary proceedings.
  • Represented an energy company in pre-bankruptcy negotiations in a dispute with the company’s creditors, including the owner of its office-space.
  • Represented lenders before and during forbearance periods.

Government Solutions & Investigations

  • Tonkon represents NORPAC Foods, Inc. and its affiliates as debtors-in-possession in their chapter 11 bankruptcy cases. The case has included two major asset sales, the first of which caused the United States Department of Justice Antitrust Division to withhold approval and investigate potential anticompetitive impacts and other antitrust violations. Tonkon worked with the DOJ through its investigation by submitting voluntary document productions, offering key witnesses for interviews, and submitting white papers on various legal issues. The DOJ eventually closed its investigation without taking any action and the sale proceeded without incident.
  • Represented a mid-sized pharmaceutical company in connection with a federal investigation into patient support program, pricing, and specialty pharmacy issues.
  • Represented a large oilfield services company in an FCPA investigation related to leaked documents to the media.
  • Represented a large oil-field services company in an FCPA investigation related to transactions in Brazil.
  • Represented a multinational pharmaceutical company in connection with its global anti-corruption/FCPA due diligence associated with its $16 billion acquisition of the vaccines business of another pharmaceutical company, divestiture of its oncology business, and a consumer healthcare joint venture.
  • Represented an audit committee of multinational renewable energy firm in connection with alleged executive wrongdoing.

Litigation

  • Represented a publicly traded energy company in state and federal court, as well as before an international arbitration tribunal, in a lawsuit against its joint venture partners.
  • Represented a national movie theater company against antitrust allegations in state court.
  • Represented a large oilfield services company in a multi-billion dollar breach of contract dispute with another industry player in state court.
  • Represented a publicly traded energy company in state court responding to allegations of misrepresentations from investors.
  • Represented a large midstream company against allegations of various tort and fraud allegations relating to a joint venture.
  • Represented a large privately owned construction and engineering company in a FLSA arbitration appeal in federal court.
  • Represented a multinational construction firm with employee-related litigation.
  • Represented a large midstream company responding to a third-party subpoena.
  • Represented a multinational oilfield services company responding to a third-party subpoena related to FCPA-related litigation.

Pro Bono

  • Representing Lewis & Clark Ramos project post-conviction relief candidate, including testifying before the Oregon legislature in support of a bill to provide remedies to all Ramos petitioners on behalf of all Ramos-project pro bono attorneys
  • Representing community organization in its efforts to remove unconstitutional and racist deed restrictions
  • Represented an undocumented minor to achieve special immigrant juvenile status in state court and before the USCIS.
  • Represented a Duke University Law School Wrongful Convictions client on his second appeal of a murder conviction.
  • Formed various nonprofit organizations.
  • Advised a religious and spirituality organization in small business dealings.

Victory for Eastern Oregon City in Strategic Investment Program Agreement Payment Dispute

Tonkon Torp represented a city in Eastern Oregon in a dispute with its county over payments from a major data center developer who developed several data centers in both the City and the County. The developer, the City, and the County are parties to a Strategic Investment Program Agreement, sponsored by the State of Oregon, which required the developer to make annual payments in lieu of property taxes. Tonkon helped the City resolve that dispute in a pre-litigation settlement with the County that will give the City at least $5 million more over the term of the Agreement than the County was previously willing to provide. 

Successfully Navigated DOJ Antitrust Concerns for NORPAC Foods Bankruptcy

Tonkon represents NORPAC Foods, Inc. and its affiliates as debtors-in-possession in their chapter 11 bankruptcy cases. The case has included two major asset sales, the first of which caused the United States Department of Justice Antitrust Division to withhold approval and investigate potential anticompetitive impacts and other antitrust violations. Tonkon worked with the DOJ through its investigation by submitting voluntary document productions, offering key witnesses for interviews, and submitting white papers on various legal issues. The DOJ eventually closed its investigation without taking any action and the sale proceeded without incident.

Successful Ballot Challenge at Oregon Supreme Court

Represented Associated General Contractors in a ballot challenge for Initiative Petition 41 (IP 41). Following successful modifications requested in a comment letter submitted to the Attorney General (AG) for draft ballot title for IP 41, Tonkon Torp petitioned the Oregon Supreme Court for further refinement. The Court was persuaded by Tonkon Torp’s arguments and referred the ballot title back to the AG’s office, which made the required modifications.

Local Short Term Rental Policy Work

Our team has been engaged in high profile short-term rental (STR) policy disputes from the Oregon Coast, to the Gorge, to Central Oregon. We have developed a deep understanding of the state and local laws and procedures, as well as the political calculations and challenges, which drive the issues and have made them so difficult in recent years. We represent advocacy groups seeking to protect their property rights to operate STRs by using a multi-disciplinary, collaborative approach to first try to influence the public, policymakers, and staff to limit their overreaching restrictions. If that does not fully succeed, we use our extensive experience to litigate land-use and government law issues in state and federal courts, or in front of the Land Use Board of Appeals. We have a track record of targeted, efficient success helping these groups achieve what they ultimately want: long-term preservation of their right to operate an STR, or sell their property to someone who does.

Complete Victory for Local Politician before Oregon Government Ethics Commission

In a high-profile matter with extensive coverage by the Oregonian, Tonkon Torp represents four politicians from Eastern Oregon accused of breaching their ethics obligations related to a company they own and its dealings with a Fortune 10 company who did business in their county. Tonkon managed the investigation and negotiated with OGEC staff for months and eventually fought staff recommendations for one of the clients, where the Commission overruled staff and determined that he had not broken any state laws or regulations. The investigation for the other three clients is ongoing.

Navigating the Oregon Health Authority Merger Approval Process

Tonkon Torp has successfully represented multiple insurance companies and healthcare providers in connection with their mergers or acquisitions of other health organizations, which now must be approved by the Oregon Health Authority. All Tonkon clients to date have achieved approval from the OHA without concession or delay of their transaction.

Federal Trade Commission Antitrust CIDs

Tonkon Torp has represented clients who have received civil investigative demands from the Federal Trade Commission and/or the Oregon Department of Justice in connection with some of the largest and highest profile antitrust cases in recent memory, including several Big Tech firms and large agricultural and food processors. We work with the agency to narrow the scope of their requests and deliver timely and efficient responses that get them the information they actually need with as little cost and aggravation as possible for the client.

Tonkon Torp Successfully Represents Ad Hoc Committee of Loan Claimants in BlockFi Chapter 11 Cases

Tonkon Torp is pleased to announce the successful conclusion of its representation of the Ad Hoc Committee of Loan Account Holders in the chapter 11 bankruptcy cases of Blockfi, Inc. and its affiliates in the Bankruptcy Court for the District of New Jersey. The Tonkon Torp Bankruptcy & Reorganization team was led by partner Danny Newman, who was assisted by partners Michael Fletcher and Tim Conway.

Tonkon Torp U.S. Bankruptcy Court Trial Victory for NORPAC Foods Affirmed by U.S. District Court

The Tonkon Torp-led NORPAC Foods Inc. nine-figure bankruptcy cases had a notable outcome – unsecured creditors received distributions significantly above the amounts projected at the outset of the chapter 11 cases (approaching 39% as opposed to below 10%, or even 0% as the bank argued). Once NORPAC’s chapter 11 plan was confirmed on November 30, 2020, Tonkon Torp’s bankruptcy and restructuring attorneys began their work with SierraConstellation Partners, LLC, NORPAC’s financial adviser and chapter 11 Plan Agent, to reconcile over $200 million in claims and conclude the bankruptcy plan.

Tonkon Torp Government Solutions Group Successfully Challenges Campaign Fine in City Council Race

Attorneys in Tonkon Torp’s Government Solutions group were victorious for new City Councilmember Rene Gonzalez in the first judicial examination of Portland’s Small Donor Elections program.

Danny Newman Helps Texas Neighborhood Remove Unconstitutional and Racist Language from Deeds

Many aspects of systemic racial injustice in America were given new scrutiny in the immediate aftermath of George Floyd’s death in 2020. In Houston’s St. Stevens United Methodist Church parish, Reverend Nathan Lonsdale Bledsoe pointed out in a sermon that blatantly racist deed restrictions still exist for many Texas neighborhoods including his own in Northwest Houston: “None of the lots… shall be used, owned or occupied by any person other than of the Caucasian Race.”

Tonkon Torp Wins Ballot Challenge at Oregon Supreme Court

Tonkon Torp’s Government Solutions Practice Group is celebrating the release of an Oregon Supreme Court opinion in favor of its client, Associated General Contractors.

Tonkon Torp Wins Ballot Challenge for Oregon Agriculture Coalition

Tonkon Torp’s Government Solutions Practice Group is celebrating a successful effort on behalf of the Oregon Farm Bureau seeking changes to an Attorney General’s ballot title, caption and summary.

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-Led Sale of NORPAC Foods, Inc. Named Global 2020 M&A Deal of the Year

The Tonkon Torp-led sale of NORPAC Foods, Inc. has been named an M&A Deal of the Year ($100MM-$250MM) in the 19th Annual M&A Advisor Awards, which selects the finest deals and professionals within the global M&A and Turnaround industry annually.

Community Involvement & Activities

Oregon Parks Forever
Board of Trustees – Member

Oregon Health Justice Center
Board of Directors – Member

Pioneer Courthouse Historical Society
Board of Directors – Member

Portland Business Alliance
Leadership Portland Class of 2022


Professional Memberships

Multnomah Bar Association

The Best Lawyers in America

2022-2024, Ones to Watch – Commercial Litigation
2022-2024, Ones to Watch – Litigation – Bankruptcy

Super Lawyers

2022-2023, Oregon Rising Star – Bankruptcy: Business

Read More

Tonkon Torp Successfully Represents Ad Hoc Committee of Loan Claimants in BlockFi Chapter 11 Cases

Tonkon Torp is pleased to announce the successful conclusion of its representation of the Ad Hoc Committee of Loan Account Holders in the chapter 11 bankruptcy cases of Blockfi, Inc. and its affiliates in the Bankruptcy Court for the District of New Jersey. The Tonkon Torp Bankruptcy & Reorganization team was led by partner Danny Newman, who was assisted by partners Michael Fletcher and Tim Conway.

Tonkon Torp Announces Government Law & Disputes Practice Group

Tonkon Torp is pleased to announce the launch of the Government Law & Disputes Practice Group. Maureen McGee and litigator Danny Newman will Co-Chair the group, which brings together a team of accomplished lawyers with political experience and the proven ability to navigate complex state and local legislative, administrative, and regulatory issues through policy development, lobbying, litigation, and counseling.

Tonkon Torp Bankruptcy Attorneys Explore the Impact of Chapter 11 on Real Estate

At the recent annual CLE seminar held by the Oregon State Bar Real Estate and Land Use Section, Tonkon Torp bankruptcy attorneys Ava Schoen and Danny Newman delivered an in-depth presentation on Chapter 11 bankruptcy and how it impacts both tenants and building owners in the realm of real estate.

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.

All News Items

Distressed Cannabis Companies Find Hope with New Bankruptcy Ruling, Potential Substance Rescheduling

By Ferdinand Ruplin and Danny Newman – A recent court decision shows an evolving stance toward cannabis companies facing financial distress and seeking bankruptcy protection. Taken together with the U.S. Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III of the Controlled Substances Act, there is hope that cannabis companies will have the ability to take advantage of federal bankruptcy protection in the near future.

Uncertainty in Oregon for Crypto Assets Under Commercial Law

By Danny Newman and Michael Fletcher – While some states have moved to adopt model Uniform Commercial Code provisions to provide a clear legal framework for commercial and secured transactions involving crypto assets, Oregon has yet to take action. This is a source of significant uncertainty in Oregon law for transactions with digital assets like cryptocurrencies and non-fungible tokens (NFTs), and in bankruptcy cases trying to determine the status and priority of creditors where Oregon law applies.

The Eighth Circuit’s Topp Decision Adds Flexibility to Cramdown Interest Rate Calculations

By Danny Newman – The Eighth Circuit recently weighed in on the issue of how to determine appropriate cramdown interest rates for secured creditors in Chapter 11 bankruptcy plans under Section 1129 of the Bankruptcy Code. In In re Topp, the court ruled that the Treasury bill rate, not necessarily prime, can serve as the starting point in applying the “formula approach” first outlined by the Supreme Court in Till v. SCS Credit Corp. for Chapter 13 bankruptcies.

Bankruptcy Doors Open a Little Wider to Cannabis Companies

By Danny Newman, Ferdie Ruplin, Jessica Morgan, and Ava Schoen – In January, a California bankruptcy court issued an opinion providing another lifeline to cannabis companies that could benefit from the protection of the federal bankruptcy code – to reorganize or liquidate assets.

Who Owns Custodied Crypto Assets? New Bankruptcy Ruling Amplifies Concerns for Account Owners

By Danny Newman – As we first warned last summer, crypto property held in a custodian-controlled account could become the property of that custodian in the case of a bankruptcy filing. At the time, we recommended that crypto investors avoid this possibility by self-storing their assets in either a “cold” or “hot” wallet. We urgently reiterate that suggestion now. On January 4, 2023, our concerns were confirmed.

All Alerts Items

Publications & Presentations

“Uncertainty in Oregon for Crypto Assets Under Commercial Law,” Portland Business Journal, November 2023

“The Eighth Circuit’s Topp Decision Adds Flexibility to Cramdown Interest Rate Calculations,” Tonkon Torp Legal Update, Nov. 2023

“The Intersection of Real Estate and Insolvency,” Oregon State Bar Real Estate and Land Use Conference, Aug. 2023

Panelist, “Ninth Circuit Case Review,” 36th Annual NW Bankruptcy Institute, OSB Debtor-Creditor Section/WSBA Creditor Debtor Rights Section, April 2023

“General Tips for Negotiations as an Associate,” After the Bar, American Bar Association Young Lawyers Division, March 2023

“Bankruptcy Doors Open a Little Wider to Cannabis Companies,” Tonkon Torp Legal Update, Feb. 2023

“Working with the Client for the Most Effective Negotiations as an Associate,” After the Bar, American Bar Association Young Lawyers Division, Jan. 2023

“Who Owns Custodied Crypto Assets? New Bankruptcy Ruling Amplifies Concerns for Account Owners,” Tonkon Torp Legal Update, Jan. 2023

“Handling Negotiations When You’re the Junior Lawyer on the Matter,” After the Bar, American Bar Association Young Lawyers Division, Jan. 2023

“Preparing Negotiations When You’re the Juinior Lawyer on the Matter,” After the Bar, American Bar Association Young Lawyers Division, Dec. 2022

“SEC Scores a Win in Securities Case Against LBRY,” Tonkon Torp Legal Update, Dec. 2022

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Fall 2022

“A Few of Our Favorite Things Business Lawyers Should Know about Bankruptcy,” Oregon State Bar Business Law Section, Nov. 2022

“Receiverships: Oregon,” Thompson Reuters Practical Law, Oct. 2022

“How to Prepare for Successful Virtual and Hybrid Mediations,” Dispute Resolution Section and Young Lawyers Division, American Bar Association, Oct. 2022

“Bankruptcy and State Court Case Law Update,” Oregon State Bar Debtor-Creditor Section Annual Meeting,” Sept. 2022

“Crypto Trading Platforms and Bankruptcy: Are Investors Protected?” Tonkon Torp Legal Update,
July 2022

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Spring 2022

“Can Some NFTs be Considered Securities? The SEC Is Watching,” Tonkon Torp Legal Alert, March 2022

“Recent Court Decision Sheds Light on Cryptocurrency Treatment Under Securities Law” Tonkon Torp Legal Alert, Jan. 2022

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Fall 2021

“Class Claims in Chapter 11: Are They Allowed and How Do You Get Them?” Oregon State Bar Debtor-Creditor Section, Oct. 2021

“Bankruptcy and State Court Case Law Update,” Oregon State Bar Debtor-Creditor Section, Oct. 2021

“Ninth Circuit Case Notes,” Oregon State Bar Debtor-Creditor Newsletter, Spring 2021

Panelist, “Understanding Federal Clerkships,” Federal Bar Association Student Chapter, Northwestern University Pritzker School of Law, March 2021

“Ninth Circuit Allows Broader Exculpation Clauses,” OSB Debtor-Creditor Newsletter, Fall 2020

Banks Sue Over Oregon’s Foreclosure Moratorium,” Ear to the Ground Blog, Oct. 2020

Fannie Mae Extends Temporary Moratorium on Residential Foreclosures and Evictions,” Ear to the Ground Blog, Sept. 2020

“Negotiating During a Pandemic: Focus on These Five Areas Right Now,” Oregon State Bar Bulletin, June 2020

Force Majeure Clause Hitz the Spot for Restaurant Tenant,” Ear to the Ground Blog, June 2020

“Coronavirus Changed the World: Have You Adapted Your Negotiation Tactics?” Tonkon Torp Legal Update, April 2020

“Bankruptcy and Restructuring in the Cannabis Industry in 2020 and Beyond,” Portland Business Journal, April 2020

“The CARES Act Provides Small Businesses Additional Bankruptcy Relief,” Tonkon Torp Legal Update, April 2020