Iván Resendiz Gutierrez
Iván (pronounced “ee-v-AA-n”) Resendiz Gutierrez is a litigation and appellate attorney on the firm’s appellate, education, and employment and labor relations practice teams. Iván is known for handling complex cases and situations, providing practical advice, and finding creative solutions for clients from such diverse industries as education, energy, and manufacturing.
Iván advises employers, including higher education institutions, on knotty employment-related issues including discrimination, harassment, retaliation, unemployment insurance benefits (including shared work benefits), and wage and hour compliance, and on preparing employment documents such as employment agreements, handbooks, and other workplace policies. Iván also helps higher education institutions navigate the federal and state antitrust laws and works with them to establish safeguards to minimize risk of antitrust scrutiny.
Iván also defends public and private employers on a wide range of employment and commercial matters before state and federal courts and administrative agencies, including appeals, breaches of contract, class actions, employment discrimination, harassment, retaliation, wrongful termination (as well as other tort claims), and ERISA litigation.
Iván is a regular speaker and author on employment law, diversity, and litigation topics. He has been recognized by national, state, and local organizations, including receiving the Hispanic National Bar Association’s “Top Lawyers Under 40” Award, listed in Oregon Super Lawyers—Rising Stars, included in Best Lawyers: Ones to Watch, and receiving the Oregon State Bar President’s Diversity & Inclusion Award.
Before joining Miller Nash, Iván clerked for the Honorable Lynn R. Nakamoto at the Supreme Court of Oregon and the Oregon Court of Appeals.
Appellate Law Plus
Iván is an accomplished appellate practitioner in Oregon and federal courts. He has handled high-stakes appeals in diverse subject areas, including commercial disputes, constitutional law issues, criminal justice issues, education law issues, ERISA disputes, insurance issues, tort claims, and securities claims. His experience includes appellate motions, merits and amicus briefing, and oral argument, including three successful oral arguments in 2019, as well as petitions for writ of mandamus and petitions for review to the Oregon Supreme Court.
Representing public body in a custodianship proceeding concerning the abandoned law practice of a former Oregon attorney. (Ongoing).
Secured affirmance of a permanent stalking protective order under Oregon’s civil stalking statute (ORS 30.866) in a case involving a respondent who initiated a series of contacts with the petitioner over several months. This was a pro bono matter taken through the Oregon Appellate Pro Bono Program. C. Q. R. v. Wafula, 305 Or App 344 (2020).
Successfully defended company at the district court level (after the successful removal from a state circuit court) and on appeal—including handling the oral argument—regarding multimillion-dollar claims for failure to remit withholdings, breach of fiduciary duty, conversion, and intentional interference with economic relations brought by current and former employees. Barr v. Ross Island Sand & Gravel Co., 788 F App’x 556 (9th Cir 2019).
Secured reversal of a trial court decision denying an Oregonian's petition for the relief from the prohibition of possessing or receiving a firearm. This was a pro bono matter taken through the Oregon Appellate Pro Bono Program. Bentley v. Multnomah County Sheriff's Office, 297 Or App 609 (2019).
Assisted with the appellate component of a favorable resolution of a complex $30 million negligence lawsuit arising from a crane-rollover accident in San Diego, California.
Assisted with the appellate component of a complex lawsuit involving a group of investors that collectively lost millions of dollars arising out of the collapse of an Oregon investment company accused of defrauding investors.
Assisted with briefing and oral argument preparation on a major insurance coverage dispute. Bighorn Logging Corp. v. Truck Ins. Exchange, 295 Or App 819 (2019).
BOLI & EEOC Investigation Responses Plus
Regularly defend employers (including education service districts) in connection with charges filed with the Oregon Bureau of Labor and Industries (BOLI) and the U.S. Equal Employment Opportunity Commission (EEOC).
Civil Rights Plus
Researched and contributed to briefing on a class-action challenge to the constitutionality of Executive Order 13769, relating to the immigration and travel ban of individuals from predominantly Muslim countries to the United States. This was a pro-bono matter.
Corporate Governance & Securities Litigation Plus
Obtained order placing cannabis company into receivership. (Ongoing).
Successfully resolved claims against nonprofit board members accused of defamation, misappropriation of funds, and improper removal of board member.
Represented company and directors in shareholder class action arising out of merger. Azar v. Blount Int'l, Inc., No. 3:16-CV-0483-SI, 2019 WL 7372658, at *1 (D Or Dec. 31, 2019).
Successful defense of securities fraud, breach of fiduciary duty, and suitability claims arising from the sale of emerging market securities in bet-the-company arbitration. FINRA panel denied claimants’ claims and request for compensatory damages for more than $940,000 in their entirety.
Represented investment advisory firm and broker in defending claims in FINRA arbitration involving variable annuities. Secured favorable settlement on the eve of arbitration hearing.
Representing university on appeal regarding claims for violation of Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and breach of contract and estoppel under state law brought by former graduate student. (Ongoing).
Representing university regarding claims for violations of 42 U.S.C. § 1983, 42 U.S.C. § 1985 and § 1986, and Anti-Terrorism Act (ATA), 18 U.S.C. § 2331, et seq. (Ongoing).
Successfully defended college at the district court level regarding claims for violations of the American With Disabilities Act of 1990, the Age Discrimination and Employment Act of 1967, Title VII of the Civil Rights Act of 1964, constitutional rights set forth in the 1st, 4th, 5th, and 14th amendments to the United States Constitution, and Section 504 of the 1973 Rehabilitation Act brought by a former instructor.
Successfully defended university at the district court level and on appeal regarding claims for Title VI discrimination and Section 1983 due process violations brought by former undergraduate student.
Employee Benefits Plus
Successfully defended company at the district court level (after the successful removal from a state circuit court) and on appeal regarding multimillion-dollar claims for failure to remit withholdings, breach of fiduciary duty, conversion, and intentional interference with economic relations brought by current and former employees.
Obtained six-figure recovery on behalf of a trustee asserting accelerated withdrawal liability, interest, statutory damages, liquidated damages, and attorney's fees and costs under Employee Retirement Income Security Act of 1974, as amended by the Multiemployer Pension Plan Amendments Act of 1980.
Conducted high-profile independent investigation into allegations of discrimination against leadership of nonprofit organization.
Media & Technology Plus
Secured preliminary injunction and return of two domain names to company after former employee had commandeered its websites and social media accounts.
Obtained summary judgment dismissing a $25 million wrongful death action.
Successfully resolved a negligence claim against a school district arising from an alleged student-on-student incident.
Public/Constitutional Law Experience Plus
Iván understands the unique issues that public entities face. He is comfortable in the legal framework where public entities operate, including public ethics, transparency, and working with governing boards. His work includes counseling and litigation involving Oregon and federal constitutional issues such as free speech, due process, equal protection, searches and seizures, and the right to bear arms, among other things.
Represented an Oregon nonprofit challenging a county assessor's denial of the nonprofit's application for property tax exemption in the Oregon Tax Court.
- Oregon Hispanic Bar Association
- Past president, 2018-2019
- Board member, 2015-2019
- Advocacy Committee, member
- CLE committee, member
- Oregon Minority Lawyers Association
- Cochair, 2020-present
- Board member, 2016-present
- Oregon State Bar
- Appellate Practice Section - Executive Committee, member
- Labor & Employment Section, member
- Diversity Action Plan Auxiliary Committee, member, 2018-2020
- Legal Aid Services of Oregon (LASO) and Oregon Law Center (OLC)
- LASO, Board of Directors, vice-chair, 2020-present
- OLC, Board of Directors, Executive Committee, member-at-large, 2020-present
- Multnomah Bar Association, member
- Young Lawyers Section Membership Committee, member, 2016-2018
- Oregon Diversity Legal Job Fair, Steering Committee, member, 2021
- Oregon Asian Pacific American Bar Association, member
- Oregon Chapter of the National Bar Association, member
- Oregon Filipino American Lawyers Association, member
- Oregon Judicial Diversity Coalition, member
- Oregon Women Lawyers, member
- Owen M. Panner American Inn of Court, associate
- American Bar Association, member
- Litigation Trial Practice Committee, member, 2019-present
- DRI (Defense Research Institute) - The Voice of the Defense Bar, member
- Federal Bar Association, member
- Oregon Chapter, board of directors
- Young Lawyers Division, member
- Diversity & Inclusion Committee, Oregon Chapter, cochair, 2020-present
- Hispanic National Bar Association, member
- Law Student Division, regional vice president, 2014-2015
- University of Oregon School of Law
- Moot court coach, 2020-2021
- Moot court coach, 2015-2016
- Willamette University College of Law, mentor
- The Freshwater Trust, Headwaters Council, member
- Hispanic Metropolitan Chamber, member
- Named to Portland Business Journal’s Forty Under 40 list, 2021
- Received the “Outstanding Young Alumni Award” from the University of Oregon School of Law, 2020
- Selected for inclusion in Best Lawyers: Ones to Watch in Appellate Practice, Commercial Litigation, Education Law, and Labor and Employment Law–Management, 2021
- Received a “Top Lawyers Under 40 Award” from the Hispanic National Bar Association, 2019
- Selected for inclusion as an Oregon Super Lawyer—Rising Star, 2018-present
- Received the Oregon State Bar Appellate Practice Section's Certificate of Appreciation for service as a volunteer in the Oregon Appellate Pro Bono Program, 2018
- Honored with the Oregon State Bar President’s Diversity & Inclusion Award, 2017
- Recognized as an “Outstanding Mentor,” Willamette University College of Law, 2016-2017
- Received Miller Nash Graham & Dunn’s Clifford N. Carlsen Jr. Award for Outstanding Pro Bono Achievement, 2016
Outside the Office
A former rugby player, Iván enjoys boxing, kayaking, running marathons, traveling, and all types of films and music. Iván is active in the Portland community and currently serves as a member of the Headwaters Council of the Freshwater Trust.