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Iván Resendiz Gutierrez

Clients turn to my thoughtful, thorough, and adaptive approach to cases and problems, compelling advocacy, and persuasive writing as they tackle high-profile litigation and navigate knotty employment issues and intricate laws and regulations. Quotation mark
Iván Resendiz Gutierrez
Iván Resendiz Gutierrez
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About Iván

Iván (pronounced “ee-v-AA-n”) Resendiz Gutierrez is a litigation attorney serving the employment and appellate needs of public and private clients, with an emphasis on supporting K-12 and higher education institutions. Iván is known for handling complex cases and situations, providing practical advice, and finding creative solutions for clients from across the U.S. from such diverse industries as education and energy. A former judicial clerk and accomplished appellate practitioner in Oregon and federal courts, Iván has handled oral argument to the U.S. Court of Appeals for the Ninth Circuit and the Oregon Court of Appeals.

Iván advises private and public organizations on knotty employment-related issues, including discrimination, harassment, retaliation, novel coronavirus disease 2019 (COVID-19) issues—including vaccine and face covering laws and regulations and unemployment insurance benefits—and wage and hour compliance, and on preparing employment documents such as employment agreements, handbooks, and other workplace policies. Iván also regularly helps higher education institutions navigate the federal and state antitrust laws and works with them to establish safeguards to minimize the risk of antitrust scrutiny.

Iván defends public and private organizations 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), professional negligence, 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, the University of Oregon School of Law’s “Outstanding Young Alumni Award,” and the Oregon State Bar President’s Diversity & Inclusion Award; being named to the Portland Business Journal’s Forty Under 40 list in 2021, being listed in Oregon Super Lawyers—Rising Stars, and included in Best Lawyers: Ones to Watch.

Before joining Miller Nash, Iván clerked for the Honorable Lynn R. Nakamoto at the Supreme Court of Oregon and the Oregon Court of Appeals.

Representative Experience

  • Appellate Law Plus
    • Iván is an accomplished appellate practitioner in Oregon and federal appellate courts. He has handled high-stakes appeals in diverse subject areas, including commercial disputes, CERCLA issues, constitutional law issues, criminal justice issues, education law issues, ERISA disputes, insurance coverage, tort claims, and securities claims. His experience includes appellate motions and petitions, merits and amicus briefing, and oral argument (before the U.S. Court of Appeals for the Ninth Circuit and the Oregon Court of Appeals), petitions for writ of mandamus and petitions for review to the Oregon Supreme Court, and amicus briefs in the U.S. Supreme Court.

    • Representing an Oregon company on appeal in a dispute with its insurer regarding insurance coverage of business losses incurred due to COVID-19. The Oregon Clinic PC v. Fireman's Fund Insurance Co., No. 22-35047 (9th Cir.) (Ongoing)

    • Representing one of the nation’s largest insurance brokerages at the district court level (after the successful removal from a state circuit court) and on appeal in a dispute regarding the enforceability of restrictive covenants. (Ongoing)

    • Representing three major energy companies on appeal in a dispute with the federal government regarding the recovery of response costs incurred in cleaning up a Superfund site. (Ongoing)

    • Representing school district on appeal regarding claims for negligence, employment discrimination, and battery brought by current employees. (Ongoing)

    • Successfully defended a private university on appeal regarding claims for breach of contract and unjust enrichment brought by a former graduate student. Gallagher v. Capella Educ. Co., 21-35188, 2021 WL 6067015, at *1 (9th Cir. Dec. 20, 2021).

    • Successfully defended university on appeal—including handling the oral argument—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.

    • Successfully represented public body on appeal in a custodianship proceeding concerning the abandoned law practice of a former Oregon attorney.

    • Successfully represented immigrant detainee, who fled from Venezuela during the Hugo Rafael Chávez regime, on appeal regarding the right to counsel in administrative removal proceedings under the Immigration and Nationality Act. This was a pro bono matter taken through the Ninth Circuit’s Pro Bono Program. Victor Manuel Fonseca v. Merrick B. Garland, U.S. Court of Appeals for the Ninth Circuit, Case No. 19-72162.

    • 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).

    • Iván understands the unique interplay between antitrust law and education law. Iván helps higher education institutions navigate the federal and state antitrust laws and works with them to establish safeguards to minimize the risk of antitrust scrutiny.

    • 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).

    • 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.

    • 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.

    • Successfully defended university on appeal—including handling the oral argument—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.

    • 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.

    • 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.

    • 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.

    • 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.

Services

Education

  • J.D., University of Oregon School of Law, 2015
    • Tax Law Concentration
    • Staff Editor, Oregon Law Review
    • James T. Landye (Trial) Scholarship
  • B.A., University of Oregon, psychology and political science, 2012
    • Diversity Excellence Scholarship

Bar Admissions

  • Washington, 2021
  • Oregon, 2015

Court Admissions

  • U.S. Supreme Court, 2021
  • U.S. District Court, District of Oregon, 2016
  • U.S. Court of Appeals for the Ninth Circuit, 2017

Languages

  • Spanish

Additional Information

ELIM - Contributor

Activities

Professional Plus
  • Oregon Hispanic Bar Association
    • Past President, 2018-2019
    • Board Member, 2015-2019
    • Advocacy Committee, Member
    • CLE committee, Member
  • Oregon Minority Lawyers Association
    • Co-chair, 2020-present
    • Board Member, 2016-present
  • Oregon State Bar
    • Appellate Practice Section - Executive Committee, Member, 2018-2021
    • 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, 2018-present; Vice Chair, 2020-2021; President, 2021-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, Co-chair, 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
Civic Plus
  • The Freshwater Trust, Headwaters Council, Member
  • Hispanic Metropolitan Chamber, Member
  • Leadership Portland, Portland Business Alliance, Class of 2022

Recognition

  • 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 (Portland, OR)
    • Appellate Practice, 2021-present
    • Commercial Litigation, 2021-present
    • Education Law, 2021-present
    • Labor and Employment Law–Management, 2021-present
  • 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

    Insights from Iván

    • “Art of the Possible: Looking Within to Find Your Path,” University of Oregon School of Law, panelist (Oct. 2022)
    • “Bringing New Litigators into the Profession: A Panel Discussion on Associate Mentoring,” Oregon State Bar, Business Litigation Section, panelist (Oct. 2022)
    • “Annual Labor & Employment Case Law Update,” Oregon State Bar, Labor & Employment Law Section Annual Conference, panelist (Oct. 2022)
    • “The Racial and Financial Implications of Climate Disasters and Natural Hazards,” American Bar Association, 2022 State & Local Government, Civil Rights & Social Justice, and Young Lawyers Division Fall Conference, panelist (Sept. 2022)
    • “Modern Voting Rights Landscape,” Oregon Women Lawyers, Fall CLE, moderator (Sept. 2022)
    • “Finding Your Pathway Through Law School,” Oregon State Bar, Opportunities for Law in Oregon, 2022 Orientation, moderator (Aug. 2022)
    • “Prelaw Undergraduate Scholars Program,” University of Oregon School of Law, panelist (June 2022)
    • “Viral Litigation: How COVID-19 has Impacted Litigation Trends Across Various Industries,” Hispanic National Bar Association, Corporate Counsel Conference (Mar. 2022)
    • “Career Advice from Legal Experts,” Oregon Diversity Legal Job Fair, panelist (Mar. 2022)
    • “Disability and Religious Accommodations Update,” Miller Nash, The Latest COVID-19 Guidance for Employers: Vaccine Mandates and Accommodations Webinar (Feb. 2022)
    • “Litigation and Mandate Update,” Miller Nash, The Latest COVID-19 Guidance for Employers: Vaccine Mandates and Accommodations Webinar (Feb. 2022)
    • “Private Practice and the Business of Law,” University of Oregon School of Law, presentation to 1L class, panelist (Jan. 2022)
    • “Clarifying Disability & Religious Accommodations,” Miller Nash, Employment Law Seminar (Dec. 2021)
    • “Setting Boundaries and Avoiding Burnout,” Oregon Affinity Bar Association, Roundtable Series for New Lawyers and Law Students (Oct. 2021)
    • “You Are Now One of Many,” Oregon State Bar, Opportunities for Law in Oregon, 2021 Orientation (Aug. 2021)
    • “The Good, the Bad, and the Ugly: 11th Annual Review of Recent Oregon Public Sector Labor Cases,” Oregon Public Employer Labor Relations Association, webinar (June 2021)
    • “Mask Mandates & Safety in the Workplace—What You Need to Know as We Reopen,” The Nonprofit Association of Oregon (June 2021)
    • “Building an Appellate Practice and a Diverse Appellate Bar,” Oregon State Bar, Appellate Practice Section CLE, moderator (Apr. 2021)
    • “What Employers Need to Know about COVID-19 Vaccination Requirements,” Better Business Bureau, Great West + Pacific region (Mar. 2021)
    • “What Nonprofit Employers Need To Know About COVID-19 Vaccination Requirements,” Nonprofit Association of Oregon (Feb. 2021)
    • “Private Practice and the Business of Law,” University of Oregon School of Law, presentation to 1L class, panelist (Feb. 2021)
    • “Oregon Diversity Legal Job Fair,” Oregon Diversity Legal Job Fair, promotional video (Jan. 2021)
    • “Measure Twice, Cut Once: Blueprint for Constructive Diversity, Equity, and Inclusion Initiatives,” Miller Nash Graham & Dunn, Employment Law Seminar (Dec. 2020)
    • “Recognizing Design Possibilities and Challenges: Equity Issues in the Remote Environment,” Miller Nash Graham & Dunn, Employment Law Seminar (Dec. 2020)
    • “Siting the Foundation: Remote Workers in Different States,” Miller Nash Graham & Dunn, Employment Law Seminar (Dec. 2020)
    • “What Is the Latinx Vote?” Voting Now: Turning Rights into Reality, podcast, interviewer (Dec. 2020)
    • “Cascade Women Lawyers: Allyship, Diversity, & Attorney Retention,” cohosted with Deschutes County Bar Association, CLE, webinar (Nov. 2020)
    • “Legislative Impacts/Updates: A Panel Review,” Oregon Public Employer Labor Relations Association, Annual Training Conference, panelist (Nov. 2020)
    • “Why Representation Matters: Albert Lee,” Voting Now: Turning Rights into Reality, podcast (Nov. 2020)
    • “Bar Leader Room 1: Appeals, Bankruptcy, Business Transaction, Consumer Law, Criminal Law, Employment Law, Estate Planning,” Oregon State Bar PLF, Learning the Ropes 2020, virtual conference, networking breakout room (Oct. 2020)
    • “Addressing Harassment in Light of the Oregon Workplace Fairness Act and Commitments to Racial Justice,” Oregon School Personnel Association, 2020 Virtual Fall Summit (Oct. 2020)
    • “Case Law Update,” Oregon State Bar, Labor and Employment Law Section, Annual Conference (Oct. 2020)
    • “A Guide on How You Can Support Marginalized Communities (How to Be An Ally),” King County Bar Association, Business Law Section (Oct. 2020)
    • “Networking in a Pandemic,” South Asian Bar Association (SABA) of Oregon, Oregon Law Student Zoom Check-In (Sep. 2020)
    • “Oregon Hispanic Bar Association: Law Practice Outside of Portland, Salem, and Eugene,” Oregon Law Student Zoom Check-Ins, moderator (Aug. 2020)
    • “Orientation on Professionalism for First-Year Students,” University of Oregon School of Law Orientation (Aug. 2020)
    • “Affinity Group Introduction–Oregon Minority Lawyers Association,” Oregon State Bar, Opportunities for Law in Oregon, 2020 Orientation (Aug. 2020)
    • “A Guide on How You Can Support Marginalized Communities (How to Be An Ally),” SAIF Quarterly CLE (Aug. 2020)
    • “Addressing Harassment in Light of the Oregon Workplace Fairness Act and Commitments to Racial Justice,” NW EEO/Affirmative Action Association, webinar (July 2020)
    • “Immerse 2020–A Benefit for The Freshwater Trust,” The Freshwater Trust, emcee (Mar. 2020)
    • “State & Federal Judicial Clerkships,” Oregon State Bar, 23rd Annual OLIO Employment Retreat (Jan. 2020)
    • “Raising the Nautical Flag and Avoiding Rough Waters: Identifying and Managing HR Risks,” Miller Nash Graham & Dunn, Employment Law Seminar (Oct. 2019)
    • “Breakfast Briefing: Paid Family Leave Law,” Oregon State Bar Labor and Employment Section, CLE (Sept. 2019)
    • “Orientation Convocation Ceremony,” University of Oregon School of Law (Aug. 2019)
    • “The Logistics of Reading and Interpreting Insurance Policies,” Multnomah Bar Association (Apr. 2019)
    • “Applying the Rules of Evidence: What Every Attorney Needs to Know,” National Business Institute (Dec. 2018)
    • “Practicing Professionalism,” Lewis & Clark Law School Student Bar Association (Feb. 2018)
    • “The Road from Summer Job to Long Term Career,” Oregon State Bar Opportunities for Law in Oregon, Employment Retreat (Jan. 2018)
    • “Road to the Bench - An Evening with Our Distinguished Judges,” Oregon Hispanic Bar Association, “Evening With” Series, moderator (Oct. 2017)
    • “Lawyer Support Services Panel,” Oregon State Bar Opportunities for Law in Oregon, 2017 Orientation, panelist (Aug. 2017)
    • “Importance of Networking,” Oregon State Bar Opportunities for Law in Oregon, 2017 Orientation (Aug. 2017)
    Collaborations

    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.

    Resendiz Gutierrez, Iván