William (Rick) F. Martson Jr.

Tonkon Torp was lead counsel for a former executive officer and board member of Enron in dozens of federal and state court lawsuits in more than 20 states. We represented our client in civil lawsuit proceedings involving the Department of Labor and SEC, and a myriad of other proceeds obtaining favorable settlements to resolve all the proceedings before trial.

(Bankr. S.D. Ohio) – Baldwin-United Corporation was a publicly-held diversified financial corporation with annual sales in excess of $3.5 billion. At the time its petition was filed, it was the largest bankruptcy in the history of the United States. Tonkon represented the petitioning creditors in that bankruptcy, and William F. Martson, Jr. subsequently served as co-chairman of the official unsecured creditors' committee. 

(Bankr. D. Or.) – Tonkon represented the petitioning creditors in the involuntary bankruptcy petition against the commune in one of the most notorious cases in Oregon history. Subsequently, the firm represented the court-appointed trustee.  

Successfully defended and resolved claims of breach of ficuciary duty against founder of family business.

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.

(765 P2d 207, 94 Or App 195, 1988) – Obtained a multimillion-dollar recovery in this dissenting shareholder case. This is the seminal case in Oregon on dissenter's rights.

Obtained a $3 million jury verdict in case involving fraud in the sale of a business.

(?842 F Supp, 423 D. Or. 1993) – Successfully obtained summary judgment on behalf of directors in the face of allegations of misdeeds by minority shareholders. This is the seminal case in our district upholding the validity of investigations by independent committees of boards of directors.

(719F2d 1044, 9th Cir 1983) – On behalf of Fred G. Meyer's Estate, defeated a challenge to the acquisition of Fred Meyer by KKR.

(D. Or. May 9, 1985) – Defended Medford Corp. from a hostile tender offer by Harold Simmons and his group.

Case started as an internal investigation by the Board of Directors concerning alleged wrongdoing by insiders. Ended with a Chapter 11 proceeding, injunctive relief and a $150 million judgment against the principal wrongdoer.

(219 Or App 16 (2008)) – Defended the non-Weyerhaeuser appointed board members in an action related to Weyerhaeuser's hostile tender offer for Willamette Industries.

Defeated PUD's claim that agreement concerning utility's exclusive service territory violated federal antitrust law.

Represented Oregon Trail Electric Consumer Cooperative, Inc. in a PURPA contract dispute.

This was one of several proceedings against AMAX concerning PGE's long-term coal supply agreement for the Boardman electric generating plant.

On behalf of Portland General Electric Company, we overturned a $225 million arbitration award regarding PGE's obligations to the Warm Springs Indians.

We intervened in this dispute concerning power sale contracts related to the Priests Rapid Hydroelectric Project on the Columbia River. We defeated the plaintiffs' motion for a preliminary injunction against Grant County PUD. Our efforts led to summary judgment in defendants' favor.

Represented Portland General Electric Company in litigation concerning the allocation of costs among twinned nuclear power plants.

Obtained a writ of mandamus from the Oregon Supreme Court resulting in abatement of consolidated class actions related to the Trojan nuclear power plant.

Defended a utility in a variety of litigation arising out of the California energy crisis.

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.