Healthcare Providers

70 F. Supp.2d 1044 (N.D. Cal. 1999) – Successfully obtained summary judgment invalidating a patent that client was accused of infringing. Decision was affirmed on appeal to the United States Court of Appeals for the Federal Circuit.

Oversaw the investigation and remediation of arsenic in soil for the conversion of former agricultural property to residential use.

(Bankr. D. Or.) – HemCon Medical Technologies, Inc. develops, manufactures, and sells a line of wound care products throughout the world. When faced with a disastrous patent infringement judgment, HemCon turned to Tonkon to represent it in its Chapter 11 bankruptcy case. Through its bankruptcy case, HemCon was able to sell certain non-core product lines, attract new equity investment, restructure its secured and unsecured debt, including the judgment debt, and emerge from bankruptcy as a viable, operating recapitalized business. 

Represented Asante in an employment dispute involving the Oregon reinstatement and reemployment statutes. Prevailed on the correct interpretation of the statutes, including in the Oregon Supreme Court, ultimately resulting in the dismissal of the two main claims in the case. (Oregon Court of Appeals, Oregon Supreme Court)

Successfully defended employer/client through summary judgment and successive appeals on a case of first impression regarding limitations on the reinstatement and reemployment rights for injured workers.

Served as local counsel for a leading private equity firm in investing in Health & Safety Institute, which provides high quality health and safety training products and solutions, and in related financing.

Represented Moda Health in structuring a majority stake in a joint venture to provide pharmacy services to senior living facilities.

Conducted internal investigation into allegations of sexual harassment asserted by one former employee and two current employees of central Oregon healthcare provider.

Negotiated on behalf of public hospital to successful contract.

Represented employer in termination litigation involving allegations of workers compensation and disability discrimination. Obtained favorable settlement of all claims.

Worked with client on policy development, handbook renew, and employee training information.

Represented a municipal ambulance company in regard to various employment and labor issues.

Represented TomegaVax in its acquisition by Vir Bio – a company counting ARCH Venture Partners and the Gates Foundation among its investor group. TomegaVax works to develop vaccine therapies and preventions for major infectious diseases, including AIDS, malaria, hepatitis, and tuberculosis.

(USDC, D. Tex.) – Represented Jerry Erwin and Associates, Inc. against eight defendants who were using the client’s copyrighted architectural plans to develop senior living facilities. The case was settled favorably for all parties with an ongoing business relationship between the client and defendants.

Represented Moda Partners family of companies in creating a specialty pharmacy and infusion joint venture with PeaceHealth.

Represented owner of a pharmaceutical company in its joint venture with a second pharmaceutical company.

Represented shareholders of a store in a sale of 100% of the company’s stock.

Represented a doctor in a case in which the jury found that our client's hospital privileges were revoked as a result of an unlawful conspiracy and monopolization. The U.S. Supreme Court held that defendants' actions were not immune from antitrust liability under the state action doctrine. (Ninth Circuit Court of Appeals, U.S. Supreme Court)