Thomas C. Sand

Court Admissions

Oregon Supreme Court, 1977
U.S. District Court, District of Oregon, 1977
U.S. Court of Appeals for the Ninth Circuit, 1984
U.S. District Court, Western District of Washington, 2012
U.S. District Court, Eastern District of Washington, 2012
U.S. Supreme Court

Tom Sand focuses on trial practice and civil litigation, with an emphasis on securities, employment, and complex business cases. Tom has successfully tried numerous jury cases in several different state and federal courts, and has argued and won appeals in the Ninth Circuit Court of Appeals, the Oregon Supreme Court, and the Oregon Court of Appeals. In addition, he has handled hundreds of arbitrations and served as an arbitrator under the auspices of self-regulatory organizations in the securities industry. He is also retained as a mediator to assist parties in resolving their disputes. Tom was also the Managing Partner of Miller Nash Graham & Dunn from 1999 through 2008.

Recognition includes:

Fellow, American College of Trial Lawyers
Oregon Super Lawyers Magazine Top 50 (2006-present); Top 10 (2008, 2013, 2015)
Best Lawyers in America for Bet-the-Company Litigation (2006-present)
Recognized as a "Leader in Their Field" in Chambers USA for General Litigation
2004 Distinguished Graduate, Lewis & Clark Law School
Member, American Board of Trial Advocates

Representative Experience

State v. Lawrence

For more than six years, Tom worked on appeals raising constitutional challenges to the conviction of a young mentally ill Native American suffering from the effects of fetal alcohol spectrum disorder. The Washington Supreme Court referred the case back to the trial court for a hearing on the defendant’s competence to waive his right to counsel. After a two-day hearing involving lay and expert witness testimony, the court found in favor of the defendant. That led to an appellate court decision to vacate the conviction and remand the case for a new trial on the original charges, which, in turn, resulted in a new sentence reduced by 50 years.

In Re Barrett Business Services Securities Litigation

Tom represented a publicly traded company in defending a federal court class action securities fraud case, a state court shareholder derivative suit, and government investigations by the Department of Justice and SEC Enforcement Division. The claims arise from various allegations of accounting impropriety and insider trading that were successfully resolved.

Gary M. Klein, et al. v. West Coast Bancorp, et al.

Tom represented an acquired bank in a shareholder class action alleging breach of fiduciary duty in approving a merger. The case settled while our motion to dismiss was pending.

IBEW Local 98 Pension Fund, et al. v. Cascade Corporation

Tom represented a manufacturing company in a shareholder action alleging breach of fiduciary duties by company directors in connection with a merger. The case was settled while our motion to dismiss was pending.

Umpqua Bank Shareholder Derivative Suit

We achieved trial court dismissal of shareholder derivative claims that executive compensation was excessive and approved in violation of the “say-on-pay” provisions of Dodd-Frank legislation. We represented the directors and officers of a publicly traded bank holding company together with national counsel.

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