Tim DeJong is a litigator emphasizing complex business, securities and intellectual property disputes. Tim has experience in litigation matters involving patent infringement, class actions, violations of state and federal securities statutes, financial fraud, stockbroker malpractice, ERISA, construction defect, insurance coverage and employment-related disputes.

Tim joined the firm in 1994, after a two-year clerkship with Hon. Robert E. Jones of the United States District Court (Oregon). Tim is knowledgeable about federal court practice and is frequently retained to advise on federal court litigation matters.

Tim is listed in Best Lawyers in America as a top intellectual property litigator. The Portland Business Journal recognized Tim as among the Best of the Bar in the field of intellectual property. Tim has also been recognized in each edition of Oregon Super Lawyers since 2006.

Outside of work, Tim and his wife are avid travelers and Tim enjoys cooking, Oregon Ducks football and basketball, and collecting vinyl records.

Areas of Practice:

Business Dispute Resolution and Litigation

Class Action Litigation

Securities/Investor/Broker Litigation

Trademark, Patent and Other Intellectual Property Litigation

Representative Cases :

Representative Cases:

Securities Fraud:

Tim is lead counsel in an action against American International Group, Inc. arising out of a massive restatement of the defendant's financial statements. Tim recently defeated AIG's motion seeking to declare the Oregon Securities Law unconstitutional on dormant Commerce Clause grounds.

Intellectual Property:

Representing patentee in infringement litigation involving patented electronic cord reel management and security system for retail displays, such as digital cameras.

Construction Defect: Obtained $3.9 million judgment against foundation subcontractor in "sinking building" case. The matter involved complex geotechnical issues. Currently litigating bad faith claim against excess insurer.

Intellectual Property: Represented patent owner in infringement litigation involving assisted-opening folding knives.

Intellectual Property: Negotiated license agreements with major firearms and ammunition manufacturers after two-year infringement litigation against market leaders. Obtained summary judgment of infringement and other favorable rulings before reaching settlement on the eve of trial.

Securities Class Action: Represented investors in securities class action against Assisted Living Concepts, Inc. and its auditor involving a major restatement of the company’s financial statements, total recovery of more than $40 million.

Employment: Represented businesses in connection with disputes arising out of non-compete and non-solicitation agreements signed by former employees.

ERISA:

Represented a defendant in the In re Capital Consultants litigation arising out of the collapse of a major pension fund advisor, assisting in the negotiation of a coordinated settlement involving dozens of parties and total settlement payments in excess of $100 million.

Breach of Fiduciary Duty: Retained as special litigation counsel to the trustee in bankruptcy of WCI Cable, Inc., to pursue litigation claims against former officers, directors and advisors for causing the company to build an undersea telecommunications system between Alaska and Oregon in disregard of negative feasibility studies.

Securities Class Action:

One of the lead attorneys representing investors in securities class action against the officers and directors of Southern Pacific Funding Corp., its parent corporation and its auditor for improper gain-on-sale accounting for residual securities, total recovery of approximately $20 million.

ERISA:

One of the lead attorneys representing the former employees of Code-A-Phone Corp. in an action to recover ERISA funds as a result of a poison pill triggered in the course of a hostile takeover.

Securities Class Action: Represented investors in securities class action against Louisiana-Pacific Corp. relating to the company’s misrepresentations regarding its defective oriented-strand-board siding product. Total recovery of more than $65 million.

Broker/Dealer Claims: Represented numerous individual investors relating to losses in their investment accounts as a result of broker misconduct.

Business Litigation: Obtained dismissal of shareholder defendants sued on an alter ego theory for the debts of a failed Laotian timber products company.

Professional Experience:

Stoll Berne; associate, 1994-2000; shareholder, 2001-present

Hon. Robert E. Jones, United States District Court, Portland, Oregon; law clerk, 1992-1994

Betts Patterson & Mines, P.S., Seattle, Washington; associate 1991-1992

Education:

University of Oregon, J.D., Order of the Coif, top 10% of graduating class, 1991

Recipient of the American Jurisprudence Awards (highest grade in class) for Criminal Law, and for Trusts and Estates

Oregon Law Review, associate editor, 1990-1991

Western Washington University, B.A., with honors, 1988

Admitted to Practice:

Washington State Bar, 1991

Oregon State Bar, 1994

United States District Court, Oregon

United States District Court, W.D. Washington

United States Court of Appeals, Ninth Circuit

Professional Activities:

Oregon State Bar

Securities Regulation Section, Chair, 2008

Business Litigation Section, Executive Committee, 2008

Campaign for Equal Justice, Board of Directors, 2005-present

Oregon Trial Lawyers Association

Business Litigation Section, chair, 2001-2002