John C. Clarke

Representative Experience

• Securities & Corporate Governance Litigation Plus

  • Represented a financial institution in a putative class action in state court asserting claims for breach of contract and violations of Oregon’s Unlawful Trade Practices Act, prevailing on motion to dismiss.

  • Represented a Southern Oregon company involved in a closely held business dispute among its shareholders, defending against allegations of minority oppression.

  • Represented a group of more than 60 investors that collectively lost millions of dollars arising out of the collapse of an Oregon investment company accused of defrauding investors, Aequitas Capital.

  • Represented individual clients involved in a closely held business dispute, defending against claims for common law fraud, breach of fiduciary duty, and claims under the Oregon Securities Law.

• Class Action Litigation Plus

  • Representing a large retailer in a putative class action lawsuit arising from the assessment of Portland’s Clean Energy Surcharge.

  • Represented a software company in a putative class action in federal court asserting claims under the Telephone Consumer Protection Act.

  • Represented national trading card seller in a putative class action in federal court asserting claims for violations of Oregon’s Unlawful Trade Practices Act, prevailing on motion to dismiss.

  • Represented publicly traded corporation in a securities class action in federal court, a state court shareholder derivative lawsuit, and government investigations by the Department of Justice and Securities and Exchange Commission Enforcement Division, defending against claims that arose from allegations of accounting impropriety and insider trading.

• Sports, Entertainment & Media Plus

  • Represented a Seattle-based private high school in administrative appeals relating to conference alignment and admission into a local athletic conference for public and private high schools.

  • Represented an owner of an Oregon minor league baseball team in a state court lawsuit arising from a corporate governance and ownership dispute.

  • Represented American comic book publisher in a copyright infringement lawsuit in federal court, prevailing on multiple motions to dismiss and successfully obtaining a dismissal of an appeal in the U.S. Court of Appeals for the Ninth Circuit.

• Business, Intellectual Property, and Civil Rights Litigation Plus

  • Defended a public school district in a state court lawsuit arising from claims for breach of contract and breach of the covenant of good faith and fair dealing from two general contractors, achieving a favorable verdict from a jury.

  • Represented private education institution in federal lawsuit alleging claims under Section 1983, prevailing on motion to dismiss and successfully obtaining dismissal with prejudice.

  • Represented client in a state court action asserting claims under state common law and state and federal antidiscrimination statutes, prevailing on a motion for summary judgment that resulted in the dismissal of all claims.
    

  • Represented hydroelectric turbine manufacturer in federal court against claims for product liability and resulting delay. After developing defenses with engineering and construction delay experts, obtained a favorable resolution for the client.

• Pro Bono Service Plus

  • Represented Transgender Law Center and other nonprofit organizations in connection with filing amicus brief with Oregon Court of Appeals in support of appeal defending the rights of nonbinary Oregonians.

  • Represented Spanish-speaking client in collecting a $30,000 judgment through Miller Nash’s virtual legal aid clinic.

  • Represented client with vacating dozens of 25-year-old convictions that were a direct result of her being a victim of sex trafficking in New York.