Areas of Expertise

Profile

Roger is “of counsel” to the firm. After participating in founding the firm 25+ years ago, and over 44 years as a legal practitioner, Roger is now limiting the scope of his practice; but will continue to be an adviser and invaluable resource for other members of the firm. Roger is A/V rated by Martindale-Hubbell.

Roger is married and has five grown children. He served nine years on the Board of Directors of the Sherwood School District, including two years as chairman. Roger is most comfortable in his Levis and cowboy boots enjoying the local rodeo or working the Traeger in his backyard. He was a founding director of the Voices for the Performing Arts Foundation. With Merla, his wife of 50+ years at the keyboard, Roger served as a volunteer director of an inmate chorus at the Coffee Creek Correctional Facility.

Representative Work

  • Water Damaged Buildings — Taken an innovative and leading role in Oregon developing personal injury, habitability, property damage and safe workplace claims against landlords, employers, and property owners caused by water damaged buildings.
  • Business Buyout — Advised, negotiated, and drafted documentation in connection with a closely held stationery and printing company buyout and stock exchange by a national, publicly traded corporation.
  • LLC Membership Interests — Provided counsel, research, and documentation regarding the exercise of option rights and financing of the acquisition.
  • Franchises — Advised clients and documented franchise start-up re: leases, financing, franchisor contracts, and business structure.
  • Asset Sales — Advised, negotiated, and prepared documentation for sale of ongoing retail gasoline station, carwash, convenience store, and lube center business assets including real property, buildings, fixtures, inventory, customer lists, trade secrets, and related blue sky.
  • Software Start-up — Advised and guided management of an industry-specific software company regarding formation, asset protection, employee confidentiality and non-compete, financing, stock option plan, etc.
  • Breach of Contract/Unfair Trade Practices — Successfully settled claims (after filing lawsuit) for a retail gasoline dealer against a major oil company for wrongful franchise termination and unfair business practices.
  • Partnership Accounting/Securities Violations — Successfully defended primary investor in aseptic juice packaging plant against claims under equipment leases and for partnership breach, and prosecuted counter-claims recovering full investment and attorney fees in a 10-week court trial.
  • Wrongful Death — Successfully defended a week-long jury trial of a wrongful death (by electrocution) claim by a construction worker involved in an underground boring operation.
  • Quiet Title — Successfully established possession and title rights in an agricultural tract against claims by heirs of the seller in a week-long court trial.
  • Construction Defect — Successfully settled (after filing lawsuit) claims for water intrusion damages on behalf of a homeowners association.
  • Personal Injury — Successfully settled (after lawsuit removal to federal court) claim against a national trucking company following a head-on collision at an intersection.
  • Regulatory — Successfully represented applicants and licensees before state pharmacy, nursing, accounting, psychology, and construction contractors boards.

Appellate Matters

Roger appeared as trial court counsel and co-counsel on appeal in the following:

  • Bird v. Oregon Commission for the Blind, 22 F.4th 809 (2022), cert. pet. pend. U.S. Sup. Ct. No. 21-1583 (2022)
  • Rowden v. Hogan Woods, LLC, et. al., 306 Or. App. 658 (2020)
  • Ballard v. City of Albany, et al., 221 Or App 630 (2008)
  • Black, et. al v. Arizala, et al., 182 Or App 16 (2002), affirmed 337 Or 250 (2004)
    Southern Wasco County Ambulance Service, Inc., et al. v. State of Oregon, 156 Or App 543 (1998), rev. den. 328 Or 330 (1999).
  • Alto, et al. v. State Fire Marshal, 121 Or App 543 (1993), reversed 319 Or 382 (1994)
  • Inn at Otter Crest v. Farwest Federal Bank, et al., 120 Or App 125 (1993)
  • Bretz v. Portland General Electric Co., 882 F.2d 411 (1989)
  • Portland General Electric Co. v. Oregon Department of Revenue, 11 OTR 78 (1988)
    State v. Swee, 51 Or App 249 (1981)

Admissions

  • Oregon State Bar
  • U.S. District Court, District of Oregon
  • U.S. District Court, Northern California
  • Ninth Circuit Court of Appeals
  • Supreme Court of the United States

Education

  • Northwestern School of Law at Lewis & Clark College, J.D., 1977. Cornelius Honor Society: Superior Scholarship, Leadership, and Contribution to the Law School
  • Oregon State University, B.S., 1973