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Scott G. Seidman

Office: 503.802.2021
E-Mail: scott.seidman@tonkon.com

Education:
J.D. , magna cum laude, University of Illinois College of Law, Order of the Coif, 1981
M.A., magna cum laude, University of Illinois, 1978
B.A., magna cum laude, University of Illinois, 1975

Admitted to Practice:
U.S. Supreme Court
Court of Appeals for the 9th Circuit
Court of Appeals for the 7th Circuit
Court of Appeals for the Federal Circuit
U.S. District Court for the District of Oregon
U.S. District Court for the Northern, Central, Southern and Eastern Districts of California

Biography:
Scott handles appellate and trial work for business clients. His practice centers on labor and employment and antitrust disputes. He also counsels businesses in labor and employment and antitrust compliance.

Scott's appellate cases have included the following:

• Washburn v. Columbia Forest Products, Inc.,. 340 Or 469 (2006) Judgment for our employer-client was affirmed in a disability discrimination case asserting that Oregon employers have an obligation to accommodate medical marijuana use. The Oregon Supreme Court established for the first time that Oregon disability law takes mitigating measures into account to decide whether an employee is disabled and entitled to disability protection.
  
  
• Public Power Council, Inc. v. Bonneville Power Administration, 443 F. 3d 1204 (9th Cir. 2006) In an appeal by public utilities challenging a uniform rate adjustment implemented across all customer classes, the Ninth Circuit upheld the BPA action. It rejected arguments that the rate increases should have been imposed only on non-public, investor-owned utilities, including our client, Portland General Electric Company.
  
  
• American Trucking Associations, Inc. v. Oregon Dept of Transport., 339 OR 554 (2005), cert. denied, ___ S. Ct. ___ (2006) We represented the AAA Oregon/Idaho defending attacks by the American Trucking Associations against Oregon's heavy truck tax system. The Oregon Supreme Court held that the tax did not violate the Commerce Clause of the U.S. Constitution.
  
  
• NIKE, Inc. v. McCarthy, 379 F. 3d 576 (9th Cir. 2004) The Ninth Circuit upheld an injunction entered in favor of our client, NIKE, against an employee who tried to move to NIKE's competitor, Reebok. The court decided when a bona fide advancement occurs, an issue of first impression under Oregon law. The decision established a totality of circumstances test favorable to employers who wish to bind employees to non-compete agreements upon promotion.
  
  

Scott's employment law cases have included the following:

• Robertson v. Evergreen Pharmaceutical Company (Multnomah County, Oregon Circuit Court) Obtained summary judgment on all but one claim for age discrimination; remaining claim settled favorably to our client.
  
  
• SPINA v. AT&T Commercial Finance Corp. (Multnomah County, Oregon Circuit Court) Obtained summary judgment on all but one claim for disability discrimination; remaining claim settled favorably to our client.
  
  
• Blackthorne v. Vanstar Corporation (USDC for the District of Oregon) Obtained summary judgment dismissing various claims with punitive damage potential; remaining claims settled favorably to our client.

Scott's antitrust and trade regulation cases have included the following:

• Estey & Associates, Inc. v. McCulloch Corporation et al. (USDC for the District of Oregon) Won defense judgment against claims for conspiracy, monopolization and price discrimination.
  
  
• Chilton Air Cooled Engines, Inc. v. Omark Industries, Inc. (USDC for the Middle District of Tennessee) Won dismissal of all but one claim alleging various conspiracy and other trade regulation claims; remaining claim settled favorably to our client.
  
  
• Continental Maritime, Inc. v. Northwest Marine Iron Works et al. (USDC for the Northern District of California) Won summary judgment, affirmed on appeal, against shipyard/union conspiracy claims regarding diversion of ship repair business.

Scott has co-authored with Joyce Bernheim and Andrew Aubertine, Antitrust Issues and Managed Care in Liability Issues in Managed Care (1994) and authored the cumulative supplement to Impossibility and Frustration in Contract Law in Oregon (1999) and (2001). He also has authored or co-authored numerous articles for the Litigation Journal including: But I Don't Sell Securities... (2002), The Role of Insider Stock Sales In Pleading Federal Securities Fraud: When Do Insider Sales Raise An Inference of Scienter? (2002), and A Brief Guide to the Potential Impact of Sarbanes-Oxley on Securities and Shareholder Derivative Litigation (2004).

Professional Organizations:
Oregon State Bar (Appellate, Antitrust, Labor & Employment and Litigation Sections; Chair-Elect of the Antitrust Section)
American Bar Association (Antitrust-Internet Committee; Labor & Employment; Litigation Sections)
Multnomah Bar Association
California State Bar
Oregon Association of Defense Counsel

Community Activities:
YMCA of the Columbia-Willamette (Board of Management)