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Overview

For more than 40 years, Gary has concentrated on helping clients in the prevention, resolution, arbitration and litigation of business and commercial disputes.

Gary has a special emphasis in the areas of securities, real estate, antitrust, financing, trade regulation, and other complex business-related matters. He is a highly respected trial attorney who has successfully tried dozens of cases in state and federal courts primarily in Oregon and Washington. His experience includes litigating major corporate, securities and real estate cases, many of which were certified as class actions.

Gary has written law review and continuing legal education articles and has lectured on federal and state securities matters, antitrust and trade regulation, litigation and arbitration, professional negligence and damages. He has served as an expert witness on securities compliance, professional malpractice, and both supporting and opposing petitions for allowance of attorneys' fees.  Gary joined Garvey Schubert Barer and its litigation group in 2011, after some 30 years as co-founder of the Portland business law firm, Grenley Rotenberg Evans Bragg & Bodie.  In 2014, Gary was named one of the "Best Lawyers in America," and he has also been recognized as an “Oregon Super Lawyer” in securities litigation every year since 2007.  He was also honored as the 2015 Lewis & Clark Law School Distinguished Business Law Graduate.

Current Cases

  • Gary and GSB are representing a major, international accounting firm in defense of a federal class action lawsuit alleging violation of state securities law arising from the collapse of Aequitas Capital Management. The case is seeking $350 million for some 1,500 putative class members.  Complicating the defense, there are four other civil cases filed in state court by some 250 investors also pending in Oregon, as well as a civil securities lawsuit filed by the SEC in federal court.
  • Gary and GSB are defending a number of related United Arab Emirates (UAE)-based entities against claims filed by a single plaintiff in six different U.S. jurisdictions. The cases arose from a major construction project in the UAE that resulted in disputes arbitrated in the International Chamber of Commerce arbitral forum in Paris, ending in a $63 million award. The U.S. cases seek to collect this award, and the GSB clients are challenging its authenticity and enforceability. GSB offices in Portland, Seattle, New York and Washington, D.C. have been enlisted to defend these claims brought by one of the world’s largest law firms.

Recent Jury Trials

  • Construction Defect Trial.  In December 2015, Gary successfully represented a homeowner client in a construction defect case on the Oregon coast in which the jury awarded Gary's client more than $400,000 in repair costs.  
  • Employment Trial.  In early 2014, Gary, with Paul Trinchero as his second-chair, tried a two-week jury trial in state court resulting in a verdict for their plaintiff-clients awarding the entire amount of their proven damages.  Plaintiffs’ claims resulted from their lumber trading during 2002-08 as commissioned employees of subsidiaries of Forest City Trading Group.  When the Forest City companies received additional revenues in 2010 from an antitrust settlement and refused to pay the resulting commissions to all their commissioned traders, this lawsuit was filed.  After almost three years of litigation on a 100% contingent fee basis, the case went to trial in Portland.  After getting a verdict for the prayer, the trial court awarded Gary and his clients over $1 million in attorneys’ fees and costs, and the case was soon thereafter settled.

Representative Cases:

  • Aequitas Securities Class Action – Accountant Defense
  • Agbanc Securities Litigation
  • Assisted Living Concepts – Securities Class Action
  • Baker Group Securities Litigation
  • Bank of the Nations Securities Litigation
  • Canyon Property Management – Commercial Real Estate Investments
  • Digimarc Securities Litigation – Class Action
  • Electro Scientific Securities Litigation – Class Action
  • Enron / Portland General Electric – Securities Class Action
  • Far West Federal S & L – RTC Officer & Director Defense
  • Far West Federal S & L – Securities Class Action Defense
  • Flir Systems Derivative Litigation – Class Action
  • Forest Creek Apartments – Construction Defect
  • Hollywood Entertainment Derivative Litigation – Class Action
  • Kiranen Multi-Level Marketing Litigation
  • Lattice Securities Litigation – Class Action
  • Louisiana Pacific ERISA Litigation – Class Action
  • Merix Derivative Litigation – Class Action
  • Metropolitan Mortgage – Securities Class Action
  • Microsoft Antitrust Litigation – Class Action
  • Nike Securities Litigation – Class Action
  • Northstar Glass-Trade Secret, Unfair Competition
  • Nugenfx / Ghiglieri Securities Litigation
  • Sunwest Senior Living – Securities Class Action
  • TriQuint Derivative Litigation – Class Action
  • U.S. Software / Lantronix Securities Litigation
  • Wollenberg / FW Financial – Debtor Creditor, Unlawful Transfers

Professional Activities

  • Member, Antitrust Section, Oregon State Bar, 1975 - Present
  • Member, Securities Section, Oregon State Bar, 1975 – Present
  • Member, Litigation Section, Oregon State Bar, 1975 – Present
  • Member, Federal Bar Association, 1975 – Present
  • Member, Multnomah Bar Association, 1975 – Present
  • Member, Oregon Trial Lawyers Association, 1975 – Present
  • Member, Executive Committee, Securities Section of the Oregon State Bar, 1978 – 1981
  • Member, Executive Committee of Dispute Resolution Section, Oregon State Bar, 1992 – 1993
  • Member, Multnomah Bar Judicial Screening Committee, 2002 – 2006
  • Member, Oregon Legislature-appointed Elder Abuse Work Group, 2013

Community Activities

  • Board of Directors, Edison High School
  • Board of Visitors, Lewis & Clark Law School
  • Board of Directors, Court Appointed Special Advocate for Children (CASA)
  • Member, Multnomah Athletic Club 
  • Member, Portland Golf Club
  • Past member of the Portland City Club, (served on its standing and study committees and chaired the committee which presented to the City Club its study and recommendations concerning a state-wide radioactive waste ballot measure).

News & Insights

Admissions

  • Oregon, 1975
  • Washington, 2004
  • U.S. District Court, District of Oregon, 1975
  • U.S. Court of Appeals, 9th Circuit, 1976
  • U.S. District Court, Eastern District of Washington, 2004
  • U.S. District Court, Western District of Washington, 2016

Education

University of Puget Sound, B.A., 1972

Lewis & Clark Law School, J.D., 1975

Honors | Recognitions

  • Chair, Antitrust and Trade Regulation Section of the Oregon State Bar, 2000-2001
  • Chair, Alternative Dispute Resolution Committee of the Oregon Chapter of the Federal Bar Association, 1993-1994
  • Chair, Business Litigation Section of the Oregon Trial Lawyers Association, 1991-1992
  • Named by peers to The Best Lawyers in America©, Commercial Litigation, 2015-2018
  • Named by peers to “Top Attorneys in Oregon” in The Oregonian, 2011-2013
  • Named by peers as a “Super Lawyer” in Oregon Super Lawyers, 2007-2016
  •  Named as a "Super Lawyer" in Super Lawyers Business Edition, 2014-2015
  • Martindale-Hubbell AV/5.0 Peer Review Rated

 

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