Kerry Shepherd has been trying cases for financial institutions, professionals, corporations, non-profits, and individual clients since 1989. Throughout Oregon and Washington, he represents clients in high-profile, high-stakes litigation in state and federal courts, as well as private and court-mandated arbitration and mediation programs. Kerry has achieved an AV® Peer Review Rating by Martindale-Hubbell, which is the highest rating an attorney can obtain. In addition, he is listed in the prestigious Chambers USA Guide to America's Leading Lawyers for Business and The Best Lawyers in America for Commercial Litigation.
A “no nonsense” trial lawyer, Kerry handles state and federal securities litigation and complex business disputes for publicly- and privately-owned corporations and municipalities.
Additionally, a considerable amount of Kerry's practice is focused on handling complex litigation for the firm's banking and financial institution clients. Kerry's experience in this area includes business torts cases, securities fraud, lender liability, and contract actions involving deposit account agreements and collection-related disputes.
Kerry was employed at Bogle & Gates, first in its Seattle office, and then in Portland. He began as an associate in its litigation group, was trained as a trial lawyer, and then became a partner. When the firm dissolved in March 1999, Kerry joined Markowitz, Herbold, Glade & Mehlhaf.
Oregon Eye Specialists, P.C. v. West Coast Bank — Defended community bank against contract, negligence, and Uniform
Commercial Code claims arising from $5 million embezzlement by
plaintiff''s financial controller. Successfully defeated negligence
claims on summary judgment. Obtained jury verdict for the bank on all
remaining claims after three-week trial.
Confederated Tribes of the Grand Ronde Community of Oregon v. Strategic Wealth Management, Inc., et al. — Defended investment advisor against securities fraud claims for $57
million plus punitive damages. Successfully moved court to compel
arbitration before the American Arbitration Association. Tried case to
judgment and prevailed on the merits of each claim. Obtained award
against plaintiff for more than $1.7 million in costs and attorney fees
for the defendants.
City of Albany v. PepsiCo / SVC Manufacturing, Inc — Co-lead counsel representing the City of Albany against a wholly-owned
subsidiary of PepsiCo, SVC Manufacturing, Inc. PepsiCo contracted to
build a $250 million Gatorade and Propel manufacturing facility in
Albany, but reneged on the deal. Kerry filed a breach of
contract suit on behalf of the City to establish PepsiCo’s liability and
sought liquidated and expectancy damages arising from lost jobs, water
and sewer revenue, franchise fees, infrastructure grants and revenues,
taxes, and related losses. The City of Albany prevailed on multiple
summary judgment and discovery motions, followed by a successful
settlement exceeding $25 million in March 2010.