Jeremy D. Sacks
Experience
Jeremy Sacks is a partner in the Litigation Practice Group, chair of the firm's Energy
Litigation Initiative, and chair of the Portland office Trial group. His practice focuses
on complex litigation in a variety of businesses, including the energy and health care
industries. He has experience litigating business torts, contract disputes, securities
fraud, False Claims Act issues, shareholder disputes, class actions, licensing disputes,
and antitrust claims. Jeremy also has substantial experience conducting internal
corporate investigations and handling export and import matters. He has represented
individual and corporate clients, both regional and national, in a variety of private,
state and federal forums.
Jeremy was a litigator at the Washington, D.C., office of Fried, Frank, Harris, Shriver
& Jacobson from 1994 to 1998. During 1993-1994, Jeremy was a staff volunteer at the
NAFTA Office of the Executive Office of the President and an intern at the Office of
the Deputy United States Trade Representative.
Representative Work
Partner
Portland, OR
(503) 294-9649 direct
(503) 220-2480 fax
Complex Commercial Litigation

FamilyCare, Inc. v. Oregon Health Authority. Representing coordinated care
organization in dispute with the Oregon Health Authority brought in Oregon state
court alleging, among other things, that OHA breached its contract with the CCO
when OHA adopted reimbursement rates that were not actuarially sound, in
jeremy.sacks@stoel.com
Education

J.D., 1994, cum laude
violation of federal law.

International Business

high honors in the College of Social
allegedly undertaken by another defendant violated the Higher Education Act and
Studies; Phi Beta Kappa
investigation as well as negotiations with various U.S. government agencies and
with multiple qui tam plaintiffs.

Birkbeck College, University of
London, 1989

Hansard Scholars Programme and
Spada Properties, Inc. v. Unified Grocers, Inc. Obtained summary judgment in
research assistant to Ann
the District of Oregon for grocery wholesaler, which had been sued by a fresh
Widdecombe, M.P., House of
Commons, 1989
produce supplier under the Perishable Agricultural Commodities Act (“PACA”). In
a case of first impression turning on statutory and regulatory interpretation, the
court determined that the plaintiff’s conduct in accepting late payments
Admissions

Oregon
payment terms, thereby waiving any trust rights plaintiff had in the proceeds.

Washington
Pioneer Americas LLC v. Saguaro Power Co., et al. Represented Saguaro, an

California
electrical power producer, in a dispute with its steam host, Pioneer. Pioneer

District of Columbia

U.S. District Court for the Central
established, as a matter of law, a course of dealing in violation of PACA’s prompt

Wesleyan University, B.A., 1991, with
Arizona alleging, among other things, certain student recruitment activities
hence the Civil False Claims Act. Representation included extensive internal

Articles Editor, Law and Policy in
U.S. ex rel. Regina Calisesi, et al. v. HotChalk, Inc., et al. Obtained favorable
settlement for institution of higher education in suit brought in the District of
Georgetown University Law Center,
District of California, District of
Columbia, District of Oregon, and
Western District of Washington

U.S. Court of Appeals for the Ninth
Circuit
Jeremy D. Sacks
alleged breach of the Site Services Agreement ("SSA") under which it sells hydrogen to Saguaro; Saguaro filed counterclaims. The
parties participated in four rounds of mediation and reached agreement on a number of business items in addition to settling
the claims at issue in the suit.

ESCO Corp. v. Bradken Resources Pty Ltd. Obtained Final Award in ESCO Corporation's favor in an ICC arbitration between ESCO
and its long-term Australian licensee, Bradken Resources. The Final Award granted ESCO's request for a declaration confirming
that the parties' long-term licensing and distribution agreement would expire in June 2011, rejected all of Bradken's claims,
including claims seeking treble damages (totaling nearly US$2 billion) under U.S. antitrust laws, and concluded that the
contractual restrictions on Bradken's competitive activities and post-termination use of ESCO's technology were enforceable.
The Arbitrator awarded ESCO nearly US$8 million in fees and costs.

U.S. ex rel. Schaferkotter. Obtained favorable settlement for maritime navigation and electronics provider in suit brought in the
Western District of Washington alleging that sales to U.S. government buyers violated the Trade Agreements Act and Buy
American Act, and hence the Civil False Claims Act. Representation involved extensive internal investigation as well as
negotiation with U.S. government and with qui tam plaintiff.

Johnson v. Camp Automotive, Inc. and Lithia Motors, Inc. Obtained judgment in favor of defendants in putative class action suit
alleging violations of Washington's business and occupation tax law and the Washington Consumer Protection Act. Defendants
prevailed on appeal in Division III of the Washington Court of Appeals, which entered an order directing judgment in favor of the
defendants on these two statutory claims.

Akers, et al. v. United States, et al. Obtained summary judgment in favor of well-known government contractor defendant in
suit alleging state statutory employment law, tort, fraud and contract claims instituted by a large group of construction worker
plaintiffs at the U.S. Army's Umatilla Chemical Agent Disposal Facility. Defense of client in the District of Oregon involved
documentary and deposition discovery nationwide, as well as complex immunity defenses.

Pisano v. House of Blues Brands Corp. Obtained favorable settlement for rights holder of well-known entertainment icon in
arbitration stemming from alleged breach of licensing agreement by licensee. Representation also included successfully
defending related action in the Central District of California allowing arbitration to proceed under the terms of the license
agreement.

International Garden Products, Inc. v. Langeveld International Holdings, Inc. After a seven-day AAA arbitration, obtained award
substantially in favor of seller of business in dispute over value of bulb company sold pursuant to a stock purchase agreemen t.
Representation included affirmative claims for breach of SPA as well as defense of counterclaims for breach of contract and
fraud.

Joshmo LLC v. Excellon Acquisition LLC. Obtained JAMS arbitration award in favor of client on breach of contract claims against
former business associates. Case involved rights and duties under real estate investment contract entered into by the parties,
which the defendant company breached by withholding significant sums from client.

Beaver Creek Cooperative Telephone Co. v. Clackamas County. Settled on favorable terms client's franchise claims against
county arising under the Federal Cable Communications Act. Representation involved substantial motions practice in the District
of Oregon.
Jeremy D. Sacks

Abbott v. Good Shepherd Medical Center. Obtained favorable settlement for medical center in a suit brought in the District of
Oregon by a disgruntled physician alleging misappropriation and emotional distress; plaintiffs' claims grew out of a U.S.
government investigation involving allegation of Civil False Claims Act violations. Representation involved extensive motions
practice, expert work, dismissal of state RICO claims on a motion to dismiss and dismissal of identity theft and trade secret
claims on partial summary judgment.

American Industries, Inc., et al. v. Imaging Technologies Corp., et al. Second-chaired trial team in Multnomah County Circuit
Court that obtained jury verdict finding individual officer and director and corporate clients not liable for securities fraud in
connection with private placement of high-technology company's securities.

Behfarin, et al. v. Imaging Technologies Corp., et al. Second-chaired securities fraud class action defense of high-technology
company and its officers and directors in the Southern District of California. Obtained settlement of claims.

Renton v. Kaiser Foundation Health Plan, Inc., et al. ERISA class action against numerous entities participating in Kaiser
Permanente health system settled on favorable basis after defense team - in which Stoel Rives was a partner and represented
entities related to the Permanente Medical Group - convinced the Western District of Washington not to certify a plaintiff class.

Ingram Micro, Inc. v. Fred Meyer, Inc. Represented major retailer in a dispute with a large consumer electronics supplier
involving complex accounting and contract issues concerning proper credits, returns, warranty claims, allowances and the like.
Successfully resolved the matter in an early mediation of the dispute.

Interlogix, Inc. v. Interwest General Corp., et al. Second-chaired team that successfully settled claim by our client, a hightechnology company, against former business associate relating to ownership and exploitation of intellectual property rights to
broadcasting technology.
Public and Constitutional Law

Consolidated PERS Litigation. As Special Counsel to the Governor of Oregon, defended a series of statutory amendments to the
Public Employees Retirement System (PERS) designed to keep the system solvent. Representation included defending the
amendments against a variety of actions, running the gamut from state and federal constitutional claims to breach of contract
allegations in both federal and state courts. In the main federal case, we obtained summary judgment upholding the legislation.
In the main consolidated state case, the Oregon Supreme Court upheld the majority of the amendments.
Internal Investigations and White Collar Defense

Internal Investigation for Lithia Motors, Inc. Conducted internal investigation for large public automobile retailer related to the
reporting of vehicle sales to manufacturers. Investigation resolved matters to the satisfaction of the company's external
auditors.

Client Name Withheld. Conducted internal investigation for large public electronics manufacturer related to allegations made by
federal government that certain of the company's products were exported in violation of federal law.
Jeremy D. Sacks
Antitrust Counseling

Represented business clients in premerger review proceedings before the Federal Trade Commission and the Antitrust Division
of the U.S. Department of Justice. Clients include Precision Castparts Corp., Hollywood Entertainment Corp., and Textronix,
Inc.
Professional Honors and Activities

Listed in Best Lawyers in America© (currently: Commercial Litigation, Litigation-Banking & Finance, Litigation-Mergers &
Acquisitions, Litigation-Regulatory Enforcement (SEC, Telecom, Energy)), 2011-2016

Listed in BTI Client Service All-Stars, 2014 & 2016

Listed in Oregon Super Lawyers® (Business Litigation, Class Action/Mass Torts, Civil Litigation: Defense), 2009-2015

Listed among Rising Stars (Business Litigation), Oregon Super Lawyers®, 2008

AV Preeminent Peer Review Rated with Martindale-Hubbell®

Member, Litigation Section, American Bar Association

Member, Antitrust Section, American Bar Association

Member, Multnomah Bar Association
Publications

“Special Report: 5 Litigation Minefields,” Portland Business Journal, Oct. 16, 2016

"Health Care Fraud and Abuse," Health Law Manual, Oregon State Bar, 2012

"Companies Can Face Liability for Loss of Customer Information", Portland Business Journal, Apr. 13, 2012

"Litigation," Law of Wine, 2011

"Custom Crush and Bulk Wine Sales Agreements," Wine Business Monthly, Aug. 2010

"Oregon," Business Torts: A Fifty-State Guide, Wolters Kluwer, 2008-2016

"Even Accidental Mistakes Create the Wrong Impression," Portland Business Journal, May 16, 2008, CFO of the Year Insert at 29

"Litigation," Law of Wind, 2008

"Antitrust," Advising Oregon Business, Oregon State Bar, 2008

"On the Stand: Executives Can Prepare to Give Testimony," Portland Business Journal, Aug. 4, 2006

"Culture, Cash, or Calories: Interpreting Alaska Native Subsistence Rights," Alaska Law Review, 1995

"Monopsony and the Archers: Rethinking Foreign Acquisitions After Thompson-LTV," Law & Policy in International Business, Nov.
3, 1994 (reprinted in part in Dale A. Oesterle, The Law of Mergers and Acquisitions, West, 2002)
Civic Activities

Member, Board of Directors, Portland Farmers Market, 2012-current
Jeremy D. Sacks

Member, Board of Directors, East/West Sylvan Foundation, 2011-2014

Member, Board of Directors, Chamber Music Northwest, 2009-2012

Member, Board of Directors, Oregon Democratic Lawyers Council and co-coordinator for Multnomah County

Member, American Constitution Society/Oregon Chapter

Member, Oregon Area Jewish Committee

Member, Board of Directors, Chapman Educational Foundation, Past President, 2008-2009