Family Law

• Child Custody and Visitation
  Tonkon Torp attorney Robert Koch, Chair of the firm’s Appellate Practice Group, won a family law appeal in the Oregon Supreme Court involving a child custody dispute for his client.
• Premarital Agreement
• Child Abuse
  Assisted international athletic footwear company with crafting and implementing policies and procedures to ensure compliance with new child abuse reporting legislation.

Criminal Law

• Criminal Defense
  Represented the defendants in a criminal environmental enforcement action related to an alleged release of hazardous material. (Oregon Court of Appeals)
• Wrongful Death
• Sex Crimes
  Oregon is one of seven states that place juveniles adjudicated for a felony sex crime on the sex offender registry for life. For juvenile offenders who have been rehabilitated and pose no threat to the public, critics see this lifetime label as an overly-harsh burden.
• Fraud
  Represented a northwest accountant in a personal Chapter 11 reorganization. The accountant held interests in various business entities and had litigation pending against him for numerous claims including investment fraud. The firm assisted in resolving the litigation claims, retaining his accountancy license, and confirming a Chapter 11 plan restructuring his debts while retaining all of his interests in the business entities, even over the objection of other LLC members. The Plan was one of the first individual Chapter 11 plans confirmed in the state of Washington following the Bankruptcy Code amendments significantly changing the rules for individual bankruptcy cases.
• Theft
• Juvenile Crimes
  Called "Changing Lives Forever,” the CLiF Project is a collaboration with the region’s premier juvenile law public interest firm, Youth, Rights & Justice
• Identity Theft
• Restraining Order
  Successfully defended pet toy manufacturer against a motion for temporary restraining order and preliminary injunction based upon allegations of trademark infringement.

Business and Corporate Law

• Corporate Law
  Tonkon Torp’s corporate governance team helps directors and officers of public companies who are facing heightened levels of scrutiny and responsibility.
• Mergers and Acquisitions
  Our Mergers & Acquisitions team has the bench strength, experience, and expertise to efficiently and effectively handle the broadest range of purchase and sale transactions – from the most complicated and sophisticated deals to the transition of a family or small business. Whether a deal is valued at $1 million or $1 billion, we provide responsive, high-touch, personalized service from experienced attorneys.
• Business Formation
  As cannabis companies mature and evolve, Tonkon Torp’s expertise in corporate governance, business formation, mergers and acquisitions, real estate, business litigation, tax, and other specialties provides continuity in the client/legal advisor relationship. We advise owners and operators as well as seed, angel, venture and other investors on all aspects of fundraising and investing in cannabis businesses.
• Business Disputes
  Business disputes among partners, shareholders, managers, or others (particularly in closely held companies), can be life-altering for key stakeholders, and can preserve or destroy a business.
• Business Transactions
  When compensation and benefits matters are triggered during mergers, acquisitions, divestitures, and other major business transactions, we guide clients in protecting their interests and ensuring the integrity of the transactions. Clients faced with benefits-related litigation, including claims under ERISA, also have access to Tonkon Torp’s labor and employment litigation team for counsel and effective, experienced representation.
• Limited Liability Companies
  Represented two limited liability companies in their purchase, as tenants in common, of Orchards Market Center, a small shopping center in Vancouver, Washington. The acquisition of the center was the completion of a tax deferred exchange under Section 1031 of the Internal Revenue Code. The representation involved negotiation and closing a loan with Wells Fargo Bank.
• Construction Contracts
  We assist owners and developers of commercial projects, both large and small, in negotiating and documenting their architectural services agreements, construction contracts, and financing arrangements. We also represent a select group of architectural firms, contractors, and subcontractors on large projects. Our real estate litigation attorneys help our clients resolve construction-related disputes and address a wide range of other issues that often arise in complicated development projects.
• Trade Secrets
• Intellectual Property
  Represented purchaser in acquiring websites and online businesses with known intellectual property issues, licensing issues and regulatory compliance issues related to information privacy, security and consumer protection matters, and assisted purchaser in correcting such issues post-closing.
• Antitrust
  We help our clients find resolutions that achieve their business objectives when facing or pursuing antitrust litigation or administrative action. Our antitrust legal team has experience negotiating when situations call for preserving supplier, dealer, customer, or strategic competitor relationships. When needed, we aggressively advocate for our clients’ interests in antitrust litigation or regulatory action. We handle matters in local, state, and federal court, before the Department of Justice and the Federal Trade Commission, and in arbitration proceedings.

Employment Law

• Workers Compensation
  (Bankr. D. Or.) – Oregon Contractors Workers' Compensation Trust is a self-insurance non-profit corporation organized by an employer group under the Oregon Workers' Compensation statutes. Tonkon represented the Trust in a unique and creative use of the bankruptcy process to facilitate the wind-down of an insurance company.
• Wrongful Termination
• Employment Discrimination
  Our client started up a commercial repair service company with his father-in-law. They agreed to take equal shares of the profits and equal salaries, but when the father-in-law prepared the incorporation documents, he made himself the 51% owner of the company, with the power to make all decisions unilaterally. After several years, with the business well established, our client suffered health problems and separated from his wife. The father-in-law fired him, raised his own salary, and created a new corporation into which he diverted all new business. We brought claims for minority shareholder oppression and employment discrimination and obtained a favorable settlement for our client.
• Employment Contract
  Employment – Advice/counsel employment matters; education, training, and proactive management practices; executive and employment contracts; employee benefits; executive compensation; volunteer issues
• Employment Litigation
  Every company— no matter its size or sophistication — will encounter employment issues. Successful and thoughtful resolution of those issues is critical. Tonkon Torp’s relationship-based approach offers practical solutions to companies large and small, including writing policies, strategizing regarding growth or downsizing, managing employee relations, protecting competitive information and market positions, litigation mitigation advice, and dealing with union activity.
• Non-compete Agreement
• Sexual Harassment
  Defended multi-plaintiff sexual harassment lawsuit brought by the EEOC, resulting in a dismissal of 2 of the plaintiffs and a favorable settlement with the remaining 4 plaintiffs.

Property Law

• Real Estate Litigation
  Tonkon Torp takes a prudent and practical approach to real estate matters, transactions, and disputes. Our real estate attorneys have helped clients solve problems and achieve their objectives for 49 years. We understand that in real estate, time is money, so we strive to deliver prompt turnaround on projects without sacrificing quality.
• Construction Litigation
  We have extensive construction law experience, and our clients look to us for pragmatic and efficient solutions to the many problems that inevitably come up during a project. We assist clients with resolving complex construction disputes, enforcing payment obligations, and documenting contract obligations. We also offer unparalleled financial reorganization services to our construction clients, as our team includes the leading bankruptcy and reorganization lawyers in the Pacific Northwest.
• Real Estate Transactions
  Represented senior living client in the formation of a joint venture with a Massachusetts developer to acquire a partial interest in a real estate sale agreement, and the acquisition of a portion of the property for the development of two assisted living facilities. The real estate transaction involved the subdivision of the property, creation of easements and other rights to the lots not acquired by the client, and the imposition of historical preservation and affordable housing covenants on the property as a condition of development. Also assisted the joint venture to obtain construction financing.
• Eminent Domain
  One of Tonkon Torp’s founding partners, Terry’s practice included litigation for product liability, eminent domain, and contract cases. Terry received the Heisman Trophy in 1962.
• Easement
• Land Use and Zoning
  Real Estate & Land Use — Acquisitions, land use approvals, and compliance with enhanced zoning requirements for cannabis-related use, environmental cleanup, and leasing of cultivation, distribution, manufacturing, and retail facilities
• Landlord-Tenant Disputes
  In addition to our robust commercial real estate practice, we assist clients on residential real estate matters of all sizes. In a constantly-shifting legal landscape, we remain informed on the complex rules and regulations that comprise residential landlord-tenant law. We assist landlords and tenants alike in negotiating leases, navigating terminations, and providing compliance support to bolster successful, residential landlord-tenant relationships.
• Property Damage
  (Multnomah County Circuit Court) – Successfully defended a regional company facing claims for defamation, false advertising, trespass, and property damage.

Immigration Law

• Business Immigration
  Tonkon Torp’s business immigration team is intimately familiar with the full suite of immigration options for both companies and individuals. We assist with temporary visa and permanent residence (green card) applications, as well as citizenship applications. Our attorneys support clients and their employees through each step of the process, including administrative appearances and appeals where necessary.

Health Law

• Disability Discrimination
  Obtained favorable settlement for local bakery in federal lawsuit filed by former employee for disability discrimination and FMLA interference.

Trusts and Estates

• Estate Planning
  We represent clients with a broad range of estate planning needs and we have great depth of experience in succession planning for owners of closely-held businesses. Our assistance is customized for each client and each family.
• Wills
  Tonkon Torp’s lawyers strongly advocate our clients’ positions on the broad spectrum of issues raised in will contests, trust disputes and claims of fiduciary wrongdoing. We regularly resolve cases in probate courts and other courts and agencies. But we never lose sight of the need for common sense and creativity in addressing these difficult and highly personal disputes.
• Trusts
  Irrevocable trusts, including insurance trusts, grantor defective trusts, grantor annuity trusts, generation-skipping transfer trusts, spousal trusts, asset protection trusts, and plan documents for second or multiple marriages
• Power of Attorney
  Revocable (sometimes known as “living”) trusts for estate and disability planning purposes, and other disability planning documents such as powers of attorney and medical advance directive
• Probate

Finance Law

• Bankruptcy
  Represented Wayzata Investment Partners, a private equity fund, in connection with a $31.2 million cash purchase of an Oregon pulp mill from the Chapter 7 bankruptcy trustee.
• Foreclosure
  We simultaneously favorably resolved IRS and foreclosure issues for family shareholders in the middle of a multi-year business sale dispute. We then obtained a multi-million dollar settlement for our clients – impossible to achieve without primary contributions by our litigation, tax, M&A transaction, and real estate lawyers.
• Tax Law
  Structure, Formation & Contracts — Advise on corporate ownership, control, and management issues such as entity formation, tax planning, and executive compensation. Contract drafting and negotiation, licensing, and compliance
• Debt Collection
  Represented an individual consumer in a successful lawsuit against a large credit card company for unlawful practices under the Fair Credit Billing Act and Unlawful Debt Collection Practices Act. (Ninth Circuit Court of Appeals)