Manufacturing

Recovered millions of dollars in settlements of insurance coverage litigation pertaining to coverage for over a thousand asbestos claims against a large publicly traded company.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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

Conducted environmental audits of manufacturing facilities.

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.

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)

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.

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

(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. 

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.

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

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

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.

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.

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.

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.

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.

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).

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.

(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.

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.

(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. 

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.

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.

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.

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

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

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).

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.

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.

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

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.

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.

(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.

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

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.

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.

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. 

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

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

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

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.

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

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

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

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.

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

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

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

Prevailed on summary judgment against a nearly $15 million claim filed in Texas arising out of a train derailment in Nebraska.

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.

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.

(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. 

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

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

(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.  

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

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

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

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.

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.

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.