- Guardianship
- Wrongful Death
- EmbezzlementWe represented an equipment dealer who was sued by a former bookkeeper, alleging sexual harassment against the company's president. In the course of investigation, we determined that the plaintiff had embezzled from the employer. We asserted counterclaims against her in the civil action and instituted criminal charges. The case was resolved with the employer paying nothing, and the employee being convicted of embezzlement and being ordered to pay criminal restitution to the employer.
- Corporate Law
- Mergers and AcquisitionsWe represent clients in agriculture, manufacturing, retail, distribution, transportation, banking, health care, construction, real estate, nonprofit, professional services, ports, software, high tech, and consumer products. This includes virtually all aspects of business from creation of entities, to mergers and acquisitions, to downsizing, and all areas in between. Our ability to handle complex transactions (and tight timelines) is vital to our clients.
- Business DisputesIn continuing Sussman Shank's nearly 60-year legacy as one of the Pacific Northwest's leading commercial litigation firms, our attorneys advocate for clients in all types of complex commercial and business disputes, seeking intelligent, client-centric resolutions from juries, judges, arbitrators and mediators. Read more >
- Business TransactionsOur clients include public and private companies, government entities, institutions, non-profit organizations, and individuals. While we are based in the Pacific Northwest, we frequently represent clients in court proceedings and business transactions throughout the U.S. We also have access to legal expertise in other countries through our affiliation with the Mackrell International Network.
- Limited Liability CompaniesWe have assisted clients in purchasing a shopping center that was near an environmentally contaminated site. The center was purchased by several limited liability companies that we created for our clients, that allowed the clients to only have a portion of the center at risk for environmental contamination liability, thereby protecting the majority of their investment from such liability.
- Trade Secrets
- Intellectual Property
- Small Business LawSussman Shank was founded in 1960 by Gilbert Sussman and his brother Maurice, as a small business law firm in Portland, Oregon. Today, we have grown to 35 attorneys, as a full-service firm, serving a diverse range of clients in business, litigation, and commercial restructuring and bankruptcy.
- Workers CompensationAn industrial accident in which an employee was killed on the job led to a lawsuit against our client in which the employee's widow sought $1.9 million in damages. Our client's workers' compensation insurance carrier denied coverage, claiming the lawsuit was barred by the Exclusive Remedy Statute, or, in the alternative, that the loss was not covered under the Intentional Loss Exclusion in the insurance policy. This denial of coverage left our client facing a lawsuit in which the damages sought would have put it out of business.
- Wrongful TerminationWe have handled multiple employment matters for our railroad clients over the years, including claims for wrongful discharge and retaliation.
- Employment Discrimination
- Employment ContractWe assisted our clients, the shareholders of an Oregon corporation with approximately $110 million in annual revenues, in selling all of the shares of their corporation to a Fortune 500 publicly-traded corporation. Such a sale had been a long-term goal of our clients. We were able to assist them in various issues, including those related to (1) the sale of the securities, (2) security for outstanding obligations owed to them, (3) employment agreements for several of the principals, and (4) limitation of liabilities with respect to covenants in the sale agreements. The Chief Executive Officer of the publicly-traded company personally came to Portland and complimented both Sussman Shank LLP and the Wall Street law firm representing it for the timely and efficient legal services involved in closing a technically difficult transaction.
- Employment LitigationWe represent employers in litigation of employment claims in state and federal court, in administrative proceedings before state and federal agencies, and in resolving disputes through arbitration and mediation. Our litigators assist in defense of claims for discrimination, harassment, and FMLA/OFLA violations, as well as enforcement of relevant contractual provisions and protection of employer confidential trade secret information. Read more >
- Non-compete AgreementWe routinely represent both employers and employees in the negotiation, enforcement and defense of non-compete, non-solicitation and confidentiality agreements. Oregon has an unusual statute governing effectiveness of a non-competition agreement between an employer and an employee, and we help our clients avoid being surprised by the statute's effect.
- Severance AgreementWe represented a president of a subsidiary of a Fortune 500 company. The Fortune 500 company had enticed our client to work for them approximately one year before, and the employment package included a $150,000 severance package. After less than a year of operations, the Fortune 500 company, caught in the 2000-2001 economic downturn, decided to suspend operations of the subsidiary, and looked at transferring our client to manage another subsidiary. The client did not wish to move out of state, and the company terminated our client and refused to pay him the severance package. On behalf of our client we filed a lawsuit, and, thereafter, agreed with the company to mediate the disagreement. Our client received in excess of $110,000 in cash, plus a release from his non-competition agreement with the company. This settlement, in effect, allowed our client to receive a substantial amount of the severance package, and to set up a business in Oregon servicing those former clients for which the Fortune 500 company was no longer serving, providing the client substantially more in income than the total $150,000 initial severance package.
- Sexual HarassmentWe represented a company that was sued in federal court by two former employees, who alleged sexual harassment, discrimination based on gender, violations of the Americans with Disabilities Act, and wrongful discharge. Each individual was seeking over $750,000 in damages. We filed summary judgment motions in both cases and the judge dismissed all but one claim for each plaintiff. One week before going to trial on the remaining claim, the plaintiffs' attorney dismissed both cases.
- Real Estate LitigationIn real estate, we help open doors for clients. We know the business, the market, and the legal moves needed to get deals made. Our practice covers a wide expanse of commercial and residential real estate matters, including development, land use, purchase and sale transactions, financing, leasing, litigation, and title issues.
- Construction LitigationIf there is any business where it is vital to be on solid legal ground, it's construction. Our Construction Law Group has a deep foundation in construction matters, including contracts, financing, litigation, arbitration, collections, and resolution of claims.
- Real Estate TransactionsWe have worked on many cases involving real estate transactions and litigation for our railroad clients. One example of our work on real estate matters involved a lawsuit concerning a dispute over a pipeline lease agreement. In that case, we recovered over $1,000,000 in back lease payments for our client.
- Easement
- Land Use and ZoningOur Real Estate and Land Use Group has substantial experience advising clients on everything from subdivision developments and condominium projects to manufacturing facilities. We also assist with real estate lending and foreclosure of security interests when loans are in default.
- Property DamageOur team has handled many property damage matters, including train delay and locomotive damage claims, derailment investigations and response, fire, trespass, livestock, and landslide litigation.
- Personal InjuryIn the Archdiocese of Portland case, the firm successfully litigated restrictions on charitable trust assets and the ability of bankruptcy courts to estimate personal injury tort claims, as part of a reorganization strategy that ultimately resulted in settlements with known tort claimants and the funding of a future claims trust. That same model has been followed in subsequent chapter 11 cases filed by religious organizations in other states.
- Estate PlanningWhether your estate planning needs are simple or sophisticated, we treat them with the same level of care and efficiency. We can help you establish your first plan – or update an existing one, address significant life events (including marriage, children and serious medical issues), and work with you through complicated family dynamics.
- Wills
- TrustsSussman Shank served as lead counsel to the Archdiocese of Portland. We developed and implemented a strategy that considered the interplay of First Amendment religious rights, charitable trust, and bankruptcy law in proposing and confirming a reorganization plan that resulted in the settlement and payment of over 250 known clergy sex abuse claims, provided a trust for the liquidation and payment of future abuse claims, and preserved the assets and operations of 124 parishes and 3 Catholic high schools.
- Power of AttorneyAfter a son of a woman with Alzheimer's disease had transferred her real property to himself, pursuant to a power of attorney, we filed claims against her estate and obtained substantial amounts of monies to ensure that her needs were provided for and her other children received the amounts she intended to transfer to them on her passing.
- Probate
- BankruptcySussman Shank is a full-service business, litigation and commercial bankruptcy law firm with 30 lawyers. We have a strong reputation for delivering high quality legal services to our clients, including public and private companies, government entities, institutions, non-profit organizations, and individuals. Our office is located in Portland, Oregon but we continue to serve as counsel to clients across the Pacific Northwest and beyond.
- ForeclosureAs borrowers' counsel, our attorneys have significant experience in structuring loan transactions and in the review, assessment, and negotiation of loan documentation. For lenders, we advise our clients regarding loan origination and documentation, loan servicing, syndication, workouts, foreclosures, litigation, receiverships, and creditor rights in bankruptcy.
- Tax LawOur lawyers develop and implement integrated income, gift, and estate tax planning strategies designed to meet your goals. We work closely with you and your other professional advisors (including accountants, bankers, and financial planners) to deliver high-value legal services as part of an integrated estate and business succession planning process. We advise you regarding tax-advantaged solutions designed to preserve your wealth – enabling you to sustain your desired lifestyle, protect your business, establish a charitable legacy, and gift to your children.