David has over 25 years of experience litigating cases and providing counseling for clients ranging from small local businesses to some of the world’s largest corporations. He has tried dozens of cases in state and federal court and he has arbitrated, mediated and successfully settled hundreds of others. In matters ranging from wrongful death litigation, to “business divorce” cases, to the launch of new consumer products, he has consistently worked creatively and cooperatively with his clients to achieve outstanding results.
Whether the document at issue is a distribution agreement, an operating agreement or an insurance policy, one of David’s greatest strengths as a lawyer is his ability to quickly grasp the central nature of the dispute and to provide his clients with a realistic assessment of the potential outcomes. His long tenure as an attorney allows him to accurately discern the strengths and weaknesses of a client’s position. He can successfully negotiate early settlements, or he can fearlessly take your case to trial. His goal is to understand not only how to win a legal argument, but also to comprehend his client’s business objectives more broadly.
PRODUCTS LIABILITY AND REGULATORY AFFAIRS
For products ranging from prescription drugs to heavy equipment, David has represented manufacturers, distributors and retailers in litigation and regulatory entanglements. He has tried catastrophic injury and death cases. He has handled large-scale product recalls. He has worked cooperatively and creatively with regulators at the FDA, CPSC, NHTSA and other agencies. He has guided new products to market, and has developed complete versions of product labeling, instructions and warnings. David loves working with designers, engineers and other experts, and he has a knack for grasping complex scientific concepts and then translating them into plain English for judges and juries.
RISK MANAGEMENT COUNSELING
Clients want to do what they can to avoid risk to their business interests. David has a wealth of experience examining insurance coverages and indemnity agreements between supply-chain partners. He understands how risk is best allocated to shield against liability. He can also assist by reviewing your internal policies and procedures and making strategic changes and additions to better prepare your company for potential litigation or regulatory interference. Some of David’s best outcomes have included avoiding lawsuits, seamlessly navigating regulatory requirements, and ensuring that risks are fully covered or properly indemnified when things do go wrong.
EMPLOYMENT COUNSELING AND LITIGATION
David enjoys working with clients on employment law issues. He has litigated employment discrimination cases, employment contract disputes, and wage and benefit controversies. Earlier in his career, David handled a few cases for employee plaintiffs, and he believes the experience helped provide him with a well-rounded understanding of the issues and perspectives that often underlie workplace disputes. He is also effective at avoidance counseling, and works effectively with his clients to draft or improve employment policies, procedures and manuals. He is happy to make educational presentations to your HR staff on emerging issues, and he can help guide you in real time as employment issues arise and develop in the workplace.
David has been active in the Oregon State Bar’s Products Liability Section, including a stint as Chair of that Section. He has been involved for many years with the Defense Research Institute (DRI), including having served as the national Chair of the Young Lawyers Committee, and as a longtime member of its Products Liability Steering Committee. He has been named an Oregon SuperLawyer, has been active within the Oregon Association of Defense Counsel (OADC), and has long been on the Board of Trustees for the Oregon Lions Sight and hearing foundation.
- U.S. District Court of Oregon
- University of Oregon School of Law, J.D. (1994)
- University of Oregon, B.A. (1986)