Manufacturing

At every stage of development, Tonkon Torp helps guide manufacturing clients through a range of legal matters, from day-to-day operations through real estate transactions to product distribution.

We have experience with the specific types of risks that manufacturers face, from contract disputes and product liability to workplace injuries.

Our manufacturing clients include makers of everything from heavy industrial equipment to silicon wafers.

Our attorneys have a proven record of success with matters concerning the WARN Act, OSHA, EPA regulations, and trade and antitrust regulations.

Tonkon Torp services to manufacturing clients include:

  • Venture capital financings and public offerings
  • Corporate ownership, control, and management
  • Corporate governance
  • Business administration and regulatory compliance
  • Intellectual property protection and litigation
  • Distribution contracts and agreements
  • Mergers and acquisitions
  • Product liability litigation
  • Real estate and land use
  • Environmental compliance and regulation
  • Labor and employment
  • Tax

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Services + Industries

Services + Industries

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Partner
Adam
Adkin
503.802.2187
adam.adkin@tonkon.com
Business Paralegal
Brenda
Alvey
503.802.2156
brenda.alvey@tonkon.com
Partner
Rachel
Atchison
503.802.5732
rachel.atchison@tonkon.com
Associate
Carlie
Bacon
503.802.2190
carlie.bacon@tonkon.com
Associate
Yalda
Bahramian
503.802.5755
yalda.bahramian@tonkon.com
Associate
Paul
Balmer
503.802.5745
paul.balmer@tonkon.com
Business Paralegal
Karen
Bartley
503.802.2140
karen.bartley@tonkon.com
Partner
Eric
Beach
503.802.2182
eric.beach@tonkon.com
Associate
Lauren
Bernton
503.802.2144
lauren.bernton@tonkon.com
Partner
Owen
Blank
503.802.2011
owen.blank@tonkon.com
3499, 3523
Partner
Ryan
Bledsoe
503.802.2120
ryan.bledsoe@tonkon.com
Partner
Jeff
Bradford
503.802.5724
jeff.bradford@tonkon.com
3505
Partner
Kristin
Bremer Moore
503.802.2154
kristin.bremer@tonkon.com
3561
Partner
Claire
Brown
503.802.5731
claire.brown@tonkon.com
Partner
Bob
Carey
503.802.2032
bob.carey@tonkon.com
Estate Planning Paralegal
AnDee
Compton
503.802.2183
andee.compton@tonkon.com
3423, 3537, 3572
Partner
Paul
Conable
503.802.2188
paul.conable@tonkon.com
Associate
Sadie
Concepción
503.802.5773
sadie.concepcion@tonkon.com
3493
Partner
Timothy
Conway
503.802.2027
tim.conway@tonkon.com
3491, 3559
Partner
Sherrill
Corbett
503.802.2049
sherrill.corbett@tonkon.com
Associate
Timothy
Costello
503.802.2193
timothy.costello@tonkon.com
Partner
Clay
Creps
503.802.2059
clay.creps@tonkon.com
3501, 3569, 3495, 3574
Partner
Jeffrey
Cronn
503.802.2048
jeff.cronn@tonkon.com
Partner
Rocky
Dallum
503.802.2175
rocky.dallum@tonkon.com
Associate
Sam
DeBaltzo
503.802.5772
sam.debaltzo@tonkon.com
Partner
Justin
Denton
503.802.2117
justin.denton@tonkon.com
Immigration Paralegal
Mary
Dynowski
503.802.5701
mary.dynowski@tonkon.com
Estate Planning Paralegal
Solongo
Enkhsaikhan
503.802.5730
solongo.enkhsaikhan@tonkon.com
Immigration Paralegal
Kristen
Erán
503.802.2108
kristen.eran@tonkon.com
3531
Partner
Christopher
Erickson
503.802.2177
chris.erickson@tonkon.com
Bankruptcy Paralegal
Spencer
Fisher
503.802.2167
spencer.fisher@tonkon.com
Partner
Michael
Fletcher
503.802.2169
michael.fletcher@tonkon.com
Partner
David
Forman
503.802.2023
david.forman@tonkon.com
Intellectual Property Paralegal
Lisa
Gabel
503.802.2173
lisa.gabel@tonkon.com
3543
Associate
Will
Gent
503.802.5767
will.gent@tonkon.com
Associate
Lee
Gilgan
503.802.2166
lee.gilgan@tonkon.com
Litigation Paralegal
Elizabeth
Goodman
503.802.2103
elizabeth.goodman@tonkon.com
Associate
Stephanie
Grant
503.802.5736
stephanie.grant@tonkon.com
Of Counsel
Kyle
Grant
503.802.2092
kyle.grant@tonkon.com
Partner
Ronald
Greenman
503.802.2006
ron.greenman@tonkon.com
Immigration Paralegal
Gayle
Griffin
503.802.2099
gayle.griffin@tonkon.com
3567
Partner
Gwendolyn
Griffith
503.802.2102
gwen.griffith@tonkon.com
3572, 3529
Partner
Drew
Hagedorn
503.802.5757
drew.hagedorn@tonkon.com
Associate
Olivia
Hariharan Godt
503.802.2158
olivia.godt@tonkon.com
Associate
Mick
Harris
503.802.5765
mick.harris@tonkon.com
3535
Partner
Caroline
Harris Crowne
503.802.2056
caroline.harris.crowne@tonkon.com
Immigration Paralegal
Adriana
Hassett
503.802.2157
adriana.hassett@tonkon.com
Partner
James
Hein
503.802.2129
james.hein@tonkon.com
3447
Partner
Ted
Herzog
503.802.2033
ted.herzog@tonkon.com
Partner
Karen
Hobson
503.802.2136
karen.hobson@tonkon.com
Business Paralegal
Samantha
Holly
503.802.2118
sam.holly@tonkon.com
Of Counsel
Jarell
Hunt
503.802.5776
jarell.hunt@tonkon.com
Associate
Josie
Jeremiah
503.802.2146
josie.jeremiah@tonkon.com
Associate
Jordan
Jeter
503.802.2076
jordan.jeter@tonkon.com
Partner
Jeffrey
Keeney
503.802.2025
jeff.keeney@tonkon.com
3493
Partner
Albert
Kennedy
503.802.2013
al.kennedy@tonkon.com
Associate
Samantha
Klausen
503.802.2124
samantha.klausen@tonkon.com
Partner
Blerina
Kotori
503.802.2055
blerina.kotori@tonkon.com
Associate
Antonija
Krizanac
503.802.2038
antonija.krizanac@tonkon.com
Partner
Melina
LaMorticella
503.802.2122
melina.lamorticella@tonkon.com
Partner
Mark
LeRoux
503.802.2022
mark.leroux@tonkon.com
Business & Real Estate Paralegal
Laura
Lindberg
503.802.2128
laura.lindberg@tonkon.com
Of Counsel
Maureen
McGee
503.802.5726
maureen.mcgee@tonkon.com
Associate
Harlan
Mechling
503.802.5733
harlan.mechling@tonkon.com
3503
Partner
Parna
Mehrbani
503.802.2170
parna.mehrbani@tonkon.com
3497
Partner
Brenda
Meltebeke
503.802.2088
brenda.meltebeke@tonkon.com
3569
Partner
Michael
Millender
503.802.2164
michael.millender@tonkon.com
Partner
Max
Miller Jr.
503.802.2030
max.miller@tonkon.com
Partner
Christopher
Morehead
503.802.2035
christopher.morehead@tonkon.com
3525, 3414
Partner
Jessica
Morgan
503.802.2165
jessica.morgan@tonkon.com
Partner
Haley
Morrison
503.802.2121
haley.morrison@tonkon.com
Associate
Gracey
Nagle
503.802.5753
gracey.nagle@tonkon.com
Litigation Paralegal
David
Namdar
503.802.2095
david.namdar@tonkon.com
3519
Senior Counsel
Janet
Neuman
503.802.5722
janet.neuman@tonkon.com
Associate
Danny
Newman
503.802.2089
danny.newman@tonkon.com
3511
Senior Counsel
Darcy
Norville
503.802.2036
darcy.norville@tonkon.com
Attorney
Steven
Olson
503.802.2159
steven.olson@tonkon.com
Partner
Turid
Owren
503.802.2045
turid.owren@tonkon.com
3525, 3414
Partner
Christopher
Pallanch
503.802.2104
christopher.pallanch@tonkon.com
Partner
Thomas
Palmer
503.802.2018
tom.palmer@tonkon.com
Intellectual Property Paralegal
Renee
Peck
503.802.2197
renee.peck@tonkon.com
3509
Partner
Alan
Perkins
503.802.2127
alan.perkins@tonkon.com
3563, 3513
Partner
David
Petersen
503.802.2054
david.petersen@tonkon.com
Of Counsel
Sasha
Petrova
503.802.2130
sasha.petrova@tonkon.com
Case Manager Paralegal
Ellen
Previdelli
503.802.2171
ellen.previdelli@tonkon.com
Business Paralegal
Laney
Quigley
503.802.2017
laney.quigley@tonkon.com
Associate
Megan
Reuther
503.802.2174
megan.reuther@tonkon.com
Case Manager Paralegal
Erika
Robles Jones
503.802.2097
erika.robles.jones@tonkon.com
3521
Partner
John
Rosenfeld
503.802.2010
john.rosenfeld@tonkon.com
Associate
Kate
Roth
503.802.2189
kate.roth@tonkon.com
Associate
Allison
Rothgeb
503.802.2065
allison.rothgeb@tonkon.com
3462
Of Counsel
Ferdinand
Ruplin
503.802.2029
ferdie.ruplin@tonkon.com
Managing Partner
Kurt
Ruttum
503.802.2043
kurt.ruttum@tonkon.com
Partner
Melany
Savitt
503.802.2179
melany.savitt@tonkon.com
Partner
Drea
Schmidt
503.802.5703
drea.schmidt@tonkon.com
Partner
Ava
Schoen
503.802.2143
ava.schoen@tonkon.com
3515
Partner
Jeanette
Schuster
503.802.2114
jeanette.schuster@tonkon.com
Of Counsel
Leon
Simson
503.802.2067
leon.simson@tonkon.com
3423, 3553
Partner
Dan
Skerritt
503.802.2024
dan.skerritt@tonkon.com
Partner
Josh
Smith
503.802.2191
josh.smith@tonkon.com

Tonkon Torp Guides Marquis Hot Tubs Through Successful Acquisition

Tonkon Torp celebrates the successful acquisition of its client Marquis Corp. (d/b/a Marquis Hot Tubs) by Monomoy Capital Partners, a private equity firm. Monomoy intends to retain the Marquis brand to expand the firm’s residential pool and spa wellness platform.

Tonkon Torp Leads CamelBak to Victory at the Patent Trial and Appeal Board and Federal Circuit

Tonkon Torp has won a significant patent case for its client, CamelBak Products. CamelBak, based in Petaluma, California and founded in 1989, invented the hands-free hydration category and is the global leader in personal hydration gear. In November 2014, CamelBak was sued for patent infringement on a lid assembly for a beverage container that included cleaning features.

Tonkon Torp Wins Intellectual Property Judgment for AXTS and Rainier Arms

Jon Stride, lead trial lawyer for Tonkon Torp’s Intellectual Property Practice Group, successfully pursued trademark infringement and counterfeiting claims on behalf of AXTS (Salem, OR) and Rainier Arms. AXTS manufactures high-quality after-market firearm parts. It co-brands the RAPTOR charging handle part for AR 15 rifles with Rainier Arms (Auburn, WA) which is sold throughout the United States.

Diverse Team Aids Greenbrier in Joint Venture

Tonkon Torp acted as Oregon corporate counsel for its long-term client The Greenbrier Companies, Inc. in finalizing a 50/50 joint venture with Watco Companies, L.L.C. The venture combines the two companies’ railcar repair, refurbishment and maintenance businesses into a new organization, GBW Railcar Services, LLC.

Tonkon Torp Helps CLIMAX Strengthen Worldwide Market Position

Tonkon Torp represented Newberg, Oregon-based CLIMAX Portable Machining and Welding Systems, in its acquisition in 2013 of Houston-based Calder Testers. Founded in 1966, CLIMAX is the world’s largest supplier of portable machine tools for the power generation, shipbuilding, heavy construction and mining, petrochemical and engineering industries.

Tonkon Torp and Law Firm Alliance Partner Facilitate Key Technology Merger

Tonkon Torp represented Key Technology in its acquisition of Belgium-based Visys N.V. The deal, valued at approximately $21 million, created a single source of high-performance sorting technologies for food processing and other industrial markets. Find details and more featured cases here.

Tonkon Torp Completes Complex Asset Sale for Privately Held Business

In late 2014, Tonkon Torp represented a privately held heavy industrial equipment manufacturer in a complex transaction that included selling business assets and real property, and leasing other related business property. The selling company is a long-term client of the firm.

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.

Tonkon Torp Facilitates Greenbrier Subsidiary Divestiture

Earlier this year, Tonkon Torp represented Meridian Rail Acquisitions Corp., a subsidiary of the firm’s long-standing client The Greenbrier Companies, in the sale of substantially all of the equipment utilized in Greenbrier’s reconditioned wheelset roller bearing operations in Elizabethtown, Kentucky. The purchaser was The Timken Companies, a global manufacturer of mechanical components and high-performance steel, including bearings.

Tonkon Torp Pilots Smooth Landing in Columbia Helicopters Sale

Tonkon Torp led one of Oregon’s most notable M&A deals of 2019 for its client, Columbia Helicopters. Founded in 1957, Columbia Helicopters, Inc. (CHI) is one of Oregon’s most recognizable brands.

Representative Matters

Asbestos Claims

Recovered several million dollars in settlement of insurance coverage action seeking coverage for asbestos claims filed across the country, California Superior Court, San Francisco.

In re Beall Corporation

(Bankr. D. Or.) — Beall Corporation manufactured truck tanks and trailers at multiple factories, and operated sales and service branches across the western United States. Tonkon represented Beall in its Chapter 11 case. The company's divisions were sold as going concerns to four different purchasers and a Plan of Liquidation is scheduled for confirmation in September of 2013.

GT Development Corp. v. Temco Metal Products Company

(USDC, W.D. Wash.) – Following Markman hearing and plaintiff's dismissal of case, obtained substantial award of attorney fees for defendant in patent infringement action.

Pacific Scientific v. Lighthouse Worldwide Solutions

(Oregon State Court) – Represented defendant in a trade secret case involving the design and manufacture of handheld and portable particle counters for clean room applications. We prevailed following a preliminary injunction evidentiary hearing.

Actech v. Thetford Corporation

(USDC, W.D. Wash.) – Represented Achtech, a manufacturer of recreational vehicle waste disposal systems against a competitor who had wrongfully asserted an invalid patent in the marketplace. Actech's claims asserted a declaration of patent invalidity and antitrust violations. The case settled following our invalidity and damages analysis.

FMC v. Key Technology

(Ohio state court) – Represented Key Technology in a trade secret case involving the design and manufacture of optical sorters for food industry. We prevailed following a preliminary injunction evidentiary hearing.

Key Technology v. Heat and Control

(AAA arbitration) – Represented Key Technology in a breach of contract case involving a license to a distributor/competitor of confidential know-how related to vibratory conveyors. The matter settled after some discovery.

Industrial Adhesives v. Linear Products

(USDC, D. Or.) – Represented a defendant in a patent infringement claim related to a high technology machine for applying tempered string to plywood laminations to strengthen the plywood. The case settled after we provided prior art that would invalidate the patent.

Due Diligence in Bankruptcy Proceedings

Provided environmental due diligence for the sale of multiple divisions of a manufacturing company out of a bankruptcy proceeding.

Environmental Audit Oversight

Conducted environmental audits of manufacturing facilities.

Hazardous Waste (RCRA) Violation Defense

Defended a large manufacturing client against multiple hazardous waste violation claims by the Oregon Department of Environmental Quality, resulting in a reduction of almost $200,000 in assessed violations.

Land Use

Represented a large industrial landowner in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)

Portland Harbor Superfund Site (CERCLA)

Ongoing representation of a large manufacturing company in the $100 million Remedial Investigation/Feasibility Study for remediation of the Portland Harbor Superfund Site, which has been ongoing for over a decade.

Stormwater Compliance Counseling

Regularly represent a variety of manufacturing and commercial operations to come into or maintain compliance with state, municipal, and local stormwater regulations.

In re Columbia Aircraft Manufacturing Corporation

(Bankr. D. Or.) – Columbia Aircraft Manufacturing Corporation designed and manufactured single-engine, composite airplanes that were rated as the world's fastest production model piston aircraft. Tonkon represented Columbia Aircraft Manufacturing in its Chapter 11 bankruptcy case that resulted in the sale of the company to Cessna Aircraft and subsequent confirmation of the company's Plan of Reorganization. 

Acquisition of Hickory Spring Foam Manufacturing Facility

Represented FXI, Inc., a manufacturer of innovative foam technology headquartered in Media, Pennsylvania, in its acquisition of the Hickory Spring foam manufacturing facility located in NE Portland.

Key Technology, Inc.

Represented Key Technology, Inc. in its acquisition of a minority interest in Proditec S.A.

Sale of Specialty Pharmacy Company

Represented seller in the restructure and sale of a 51% interest in a specialty pharmacy company.

Corporate Conversion and Financing for Circuitry Company

Advised client with the negotiation of a term sheet and the documentation of the conversion from an Oregon corporation into a Delaware corporation, as well as the offer, issuance and sale of Series A Preferred Stock to a venture capital fund.

International Sale of Interest in Dental Equipment Company

Represented dental parts and equipment company in the sale of one-third of its interest to a public company in Japan. In a truly global transaction, the Tokyo, Japan-based investor had legal counsel in New York, with their principal attorney working out of Hawaii. An insurer in London underwrote the representations and warranties insurance. Tonkon Torp’s M&A group assembled a team of Tonkon Torp attorneys to assist in additional intellectual property, tax, and labor and employment issues important to the success of the transaction.

Successful Business Exit Through Stock Sale

Advised and represented the owners of a hemp processing business in the sale of all issued and outstanding shares of the company to a buyer looking to acquire the operations of the business and related branding.

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.

Federal Government Contract Awards

Assisted a client with Federal Acquisition Regulations analysis and in responding to and submitting a bid for two, separate federal government requests for proposals, both, of which, resulted in contract awards for the client.

Logistics, Transportation and Warehousing Services Agreement

Partnered with local in-house counsel of an international company to negotiate and draft a complex logistics, transportation and warehousing services agreement taking place in a foreign jurisdiction. The agreement, which had an estimated spend of approximately $100,000,000, involved the provision of unique transitional services, a comprehensive risk management program and the assumption by the service provider of real property leases and unionized labor obligations.

Online Advertising and Website Compliance

Represented children's products retailer in auditing and revising its website, online marketing practices, and website privacy policy and terms of use for compliance with various information privacy, security and consumer protection laws and regulations, including the Children's Online Privacy Protection Act ("COPPA").

Endorsement Agreement

Drafted and negotiated an agreement involving the endorsement services of a reputable, well-known industry expert for a client engaged in manufacturing and selling consumer products.

Sunstone Circuits v. PCB Universe

(Oregon State Court) – Represented printed circuit board manufacturer against competitor and former employees in claims for breach of non-competition and non-solicitation. Successfully obtained stipulated permanent injunction against competitor as part of settlement.

Meridian Rail Acquisitions Corp.

Represented The Greenbrier Companies, Inc.'s subsidiary, Meridian Rail Acquisition Corp., in the sale of substantially all of the operating assets employed in its railcar wheelset roller bearing reconditioning facility and in entering into a long term supply agreement for reconditioned and new bearings with the purchaser.

In re Northwest Pipe Company

(Bankr. D. Id.) – Tonkon represented the principal secured lender in the Chapter 11 case of a company now known as Northwest Pipe Company. With the support and financial backing of West One Bank Idaho, Northwest Pipe Company used its Chapter 11 case to recapitalize and emerge as one of Oregon's strongest publicly-held companies. 

USPTO Trademark Trial and Appeal Board

Represented Sunstone Circuits, a manufacturing and design company in the printed circuit board industry, in the successful resolution and settlement of a trademark dispute before the USPTO Trademark Trial and Appeal Board.

Sale of Cadet Manufacturing Company

Tonkon Torp negotiated and finalized the sale of Vancouver-based Cadet Manufacturing to an Irish company called Glen Dimplex, the world's largest electric heat manufacturer.

Benson Industries

Represented Benson Industries, one of the world's largest designers and manufacturers of the glass and metal curtain walls (building facades), in an eight figure sale to a subsidiary of Berkshire Hathaway.

Tidewater Barge Lines

Represented Tidewater Barge Lines, a regional transportation provider, in a nine figure sale to a financial buyer.

Defended Pet Toy Manufacturer

Successfully defended pet toy manufacturer against a motion for temporary restraining order and preliminary injunction based upon allegations of trademark infringement.

Advised Client on Washington State Regulations Regarding Toxics in Children's Products

Provided legal advice to manufacturer of consumer electronics about Washington state regulations that govern toxics in children's products. The client needed to know whether such regulations could potentially impose requirements on manufacturers of consumer electronic products to which children are likely to be exposed, but which are not manufactured specifically for or advertised directly to children (for example, remote controls or PC tablets).

Reorganization of Company Entities and Divisions

Represented Dental Components, Inc., a dental products manufacturer, in connection with the reorganization of seven corporate and limited liability company entities and divisions, and subsequent sale of related assets for $83 million.

Sale of Industrial Equipment Manufacturer Assets and Real Property

Represented a heavy equipment manufacturer in the sale of its business assets and real property which involved debt payoff, real property sale and leasing, and product manufacturing issues.

Counterfeiting and Patent Infringement Matter

Representing a Japanese manufacturer of office supplies against a U.S. retailer and Chinese manufacturer in a counterfeiting and design patent infringement matter.

Defense of Distributor Accused of Copyright and Trademark Infringement

Representing a U.S. distributor accused of infringing copyrights and trademarks arising from the purchase and importation of products from a Chinese manufacturer who was licensed to make and sell the products.

Somarakis, Inc. v. Dekker Vacuum Technologies

Representing an international manufacturer of industrial vacuum pumps against a competitor for misappropriating the client's trade secrets and using the trade secrets to interfere with the client's business. The case is filed in the United States District Court for the Middle District of Florida.

G. Loomis, Inc. v. Loomis, et al.

(USDC, W.D. Wash.) – Defended North Fork Composite in a trademark infringement matter against one of world’s foremost experts in the manufacture and design of fishing rods. The case was resolved when the plaintiff dismissed its case and North Fork filed a motion to dismiss.

Construction Equipment Company Sold to Petron Enterprises. Inc.

Represented the seller in the sale of the assets of a Tualatin, Oregon rock crushing equipment manufacturer.

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.

Tinn v. EMM Labs, Inc.

Won a multi-million dollar federal court jury trial on behalf of our client EMM Labs, a Canadian manufacturer of high-end audio equipment. Defeated the plaintiff's claims under a distribution agreement and prevailed on our client's counterclaim.

Facilitation of Key Technology Merger

Represented Key Technology in its acquisition of Belgium-based Visys N.V. The deal, valued at approximately $21 million, created a single, complete source of high-performance digital sorting technologies for food processing and other industrial markets. The transaction involved substantial due diligence regarding intellectual property litigation matters and the acquisition of a company partially owned by Belgian regional government entities. 

Public Company Common Stock Offering

Represented The Greenbrier Companies, Inc. as local counsel in its offering of 3,000,000 shares of common stock.

Public Company Convertible Senior Notes Offering

Represented The Greenbrier Companies, Inc. as local counsel in its offering of $230,000,000 of 3.5% Convertible Senior Notes due in 2018.

Meridian Rail Holdings Corporation Stock Acquisitions

Represented The Greenbrier Companies, Inc. in connection with acquisitions of stock of Meridian Rail Holdings Corporation for approximately $230 million.

Acquisitions of Operating Assets

Represented The Greenbrier Companies, Inc. in connection with acquisitions of operating assets of Rail Car America, Inc. (RCA), its American Hydraulics division, and its wholly-owned subsidiary, Brandon Corp., for $34 million.

Acquisition of Assets of American Allied

Represented The Greenbrier Companies, Inc. in connection with acquisitions of assets of American Allied and related entities for $83 million.

Greenbrier Leasing v. Albany & Eastern RR

Successfully asserting claims for breach of contract and promissory estoppel seeking damages of $1.5 million arising from failure to honor lease obligations.

Thomas Whiteman, et al. v. David Evans & Associates, Inc.

(Clackamas County Circuit Court) – Successfully defend breach of contract claims and assert breach of fiduciary duty claims against past officers and shareholders.

Valentine Walker Properties v. Tri-Way Industries

Representing Tri-Way Industries in the defense of statutory and common law claims for environmental contamination seeking damages of over $5 million for damages allegedly caused by Tri-Way's business operations.

Feltsan v. Cleanpak International

Successfully defend claims for negligence and premise liability brought by injured work seeking damages of $1.5 million.

Parker v. Seaswirl Boats

Successfully defending claims of warranty and defective product involving the purchase and sale of a yacht.

Trotter v. Union Pacific

Successfully defend third-party claims seeking indemnity and contribution for damages arising from a serious workplace injury involving the loss of limb.

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.

Products Liability

Successfully defended a large manufacturing company against products liability and breach of warranty claims filed in the U.S. District Court, District of Nebraska by establishing that plaintiff's alleged losses were caused by a component part manufacturer and by plaintiff's own negligence.

Union Pacific RR v. Greenbrier Rail Services

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.

Confidential

(United States District Court, District of Oregon) – Prevailed on summary judgment against dissenters' rights and breach of fiduciary duty claims seeking nearly $3,000,000. 

Symbol Technologies v. Continuum Technology

(USDC, E. NY) – Successfully assert claims for breach of contract and preliminary and permanent injunction arising from unauthorized use of bar code technologies.

Entitlement to Insurance Coverage

Upheld grant of judgment establishing entitlement to insurance coverage for a multi-car train derailment. (Texas Appellate Court)

Union Pacific RR v. Greenbrier Rail Services

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.

Pixelvision v. Voxtel

(Multnomah County Circuit Court) – Successfully assert claims of breaches of contract and fiduciary duties seeking damages of nearly $4 million arising from failure to deliver securities.  

Ranger Enterprises v. Leen & Associates

(USDC, D. Or.) – Successfully defended company against claims for misappropriation of trade secrets and confidential information.

Wessa v. Watermark Paddlesports Inc.

(USDC, W.D. Wash.) – Contract dispute over asset purchase and earn-out where primary asset purchased was patent.

Patent Group, LLC v. Yakima Products, Inc.

(USDC, E.D. Texas) – Retained to defend claims for false patent marking. Negotiated settlement.

Bet the Company Cases

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.

Trade Secrets

Tonkon Torp defended a client from accusations of trade secret misappropriation, ultimately obtaining a complete victory for the client on appeal. Short of trial, the Tonkon Team also helped defend a local manufacturer against a competitor’s claims for misappropriation of trade secrets and breach of a license agreement, knocking out a substantial portion of the competitor’s claims on summary judgment, and enabling the case to settle.

Trade Dress

When a local company expanded into a new market, a competitor accused the client of infringing on the competitor’s trade dress, helped defend the client’s packaging, prevailing on summary judgment, and then helping to defend the decision successfully on appeal.

Services + Industries

Services + Industries

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