At Sapient Law, we address complex legal challenges with precision, frequently stepping in to realign cases or offer a refined perspective. Where others see limitations, we develop innovative strategies and compelling arguments, transforming obstacles into pathways to success.
Civil and Corporate Litigation:
LinenTableCloth.Com (“LTC”) Motion to Vacate Judgment – In prior court rulings throughout the country, UPS has successfully enforced its “Tarriff” (essentially terms and conditions) to preempt recovery under state common law for substantial overcharges in UPS enterprise billing. We put a stop to UPS’ winning streak. We defended a business facing a $1.3M judgment from unpaid UPS bills, battled Morrison Foerster for ten months on complex discovery and developed a case on systemic overcharging and spoliation of auditing data that has led to an adverse inference instruction against UPS and given the client a pathway to a significant recovery.
Digital Trends Response to Motion to Dismiss –Commercial tenants in Portland and other cities impacted by crime, homelessness and the pandemic have been left holding the bag on commercial leases. In a case of first impression, we successfully pursued claims against a commercial landlord for fraud and breach of the implied covenant of good faith and fair dealing for failing to maintain Portland’s signature Class A office building (“Big Pink”) to Class A standards. Our defeat of the landlord’s motions to dismiss may have broad implications for commercial tenants in Portland. The landlord had initially refused to even discuss settlement; the case went into “settlement posture” shortly after our victory.
Dry Canyon Motion for Summary Judgment – In a one-of-a-kind opinion and case of first impression, we convinced an Oregon trial court to rule on liability as a matter of law on our cross-motion for summary judgment against three LLC members for violations of fiduciary duties and we secured a landmark ruling clarifying and narrowing exculpatory language in LLC operating agreements in Oregon.
Joseph Properties Response to Summary Judgment – At stake was an easement to lucrative water rights. Faced with summary judgment motions from two preeminent PNW law firms, we cross-moved seeking to eliminate the opposing party’s water rights entirely. Facing the prospect of an existential adverse ruling, the opposing party withdrew the claims they had filed against our client.
OOIF Motion for Summary Disposition – Intensive and diligent fact-gathering make for great case work. In this case, we also filed the “death blow” summary judgment brief that tied together months of diligent discovery. Opposing counsel contacted Neal three days after this motion was filed and the case has settled for 90% of our investor’s damages claim. Other investors then called our firm and retained us.
Corporate Transactional:
The Stavig Group – Advising the Company (EBITDA of ~40M) and its majority owners on corporate, litigation and pre-litigation disputes that have previously included more than $100 million in transactions and $150 million in financing as well as shareholder redemptions, corporate investigations and employee resolutions.
V-Shred Fitness, LLC – Advising majority managers of the Company (EBITDA of ~25M), on corporate and litigation matters and forced buyout of minority member with potentially ~$150 million in equity value at stake.
Columbia River Partners – Outside M&A counsel for investment group that holds seven portfolio companies.
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Chris Gunderson – sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Powell’s Books – sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Gnomati, LLC. – sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Next Gen. Transport – sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo..
Jet Industries, Inc. – sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.