Iván Resendiz Gutierrez

Representative Experience

• Appellate Law Plus

  • Iván has handled high-stakes appeals in a wide range of 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 writs of mandamus and petitions for review and responses to the Oregon Supreme Court, as well as amicus briefs in the Oregon Appellate Courts and U.S. Supreme Court. Including the following matters:

  • Representing Washington companies on appeal in disputes with their insurer regarding insurance coverage of business losses incurred due to COVID-19. See, e.g., ES Restaurants Group, Inc., et al v. Fireman’s Fund Insurance Company, et al., No. 21-356646 (9th Cir.) (Ongoing)

  • Successfully represented landlord on appeal in a commercial forcible entry and detainer action to recover possession of space at the Clackamas Town Center.

  • Successfully defended school district on appeal regarding claims under the Oregon Tort Claims Act brought by current employees.

  • Successfully defended university on appeal regarding claims for violations of the Civil Rights Act of 1871, including a “Section 1983” claim, and the Anti-Terrorism Act.

  • Successfully defended one of the nation’s largest insurance brokerages on appeal in a dispute regarding the enforceability of post-employment restrictive covenants. Aitkin v. USI Ins. Servs., LLC, No. 21-35497, 2022 WL 1439128 (9th Cir. May 6, 2022).

  • 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., No. 21-35188, 2021 WL 6067015, at *1 (9th Cir. Dec. 20, 2021).

  • Successful defense of university on appeal—including handling the oral argument—regarding claims for failure to accommodate and disability discrimination under federal law and breach of contract and estoppel under state law brought by former graduate student.

  • 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 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).

• ADA Title III and FHA Counseling and Defense Plus

  • Iván understands the unique space online marketplaces and e-commerce companies occupy in the global economy and American legal landscape. Iván regularly advises and counsels these organizations understand and navigate federal, state, and local civil rights, disability, discrimination, fair housing, and public accommodations laws and collaborates with them to review public-facing locations (including websites and physical properties) to implement strategies to identify and reduce legal risk.

  • Iván also regularly represents and defends online marketplaces in pre-litigation demands and actions regarding federal, state, and local civil rights, disability, discrimination, fair housing, and public accommodations laws.

• Antitrust Plus

  • Iván understands the unique interplay between antitrust law and education law. Iván 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.

• 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).

  • Successfully resolved claims brought by BOLI and several current and former employees against a university accused of violations of Oregon’s personnel records statute.

• 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.

• Education Plus

  • Successfully defended school district on appeal regarding claims under the Oregon Tort Claims Act brought by current employees.

  • Successful defense of university on appeal—including handling the oral argument—regarding claims for failure to accommodate and disability discrimination under federal law and breach of contract and estoppel under state law brought by former graduate student.

  • Successfully defended university on appeal regarding claims for violations of the Civil Rights Act of 1871, including a “Section 1983” claim, and the Anti-Terrorism Act.

  • Successfully defended college at the district court level regarding claims for disability discrimination, age discrimination, discrimination under Title VII of the Civil Rights Act of 1964, and constitutional due process 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.

• Investigations Plus

  • Conducted high-profile independent investigation into allegations of discrimination against leadership of nonprofit organization.

  • Conducted independent investigation into allegations of discrimination against supervisors and leadership of institution of higher education.

• 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.

• Negligence Plus

  • 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.

• Trainings Plus

  • Bilingual (English and Spanish) on-site and virtual training, seminars, webinars, and presentations regarding various employment laws and requirements, including anti-discrimination, anti-harassment, anti-retaliation, and diversity, equity, and inclusion initiatives.