Zach's practice is in complex business and securities litigation. He has also focused on regulatory litigation, insurance coverage litigation and the protection of rights in intellectual property.
Zach's litigation successes include several matters for a major athletic-footwear and apparel manufacturer, including two separate successful motions for preliminary relief barring competitors from infringing on the client's exclusive licensing rights. He has also successfully pursued several insurance coverage claims. In one case, he helped ensure full crime insurance recovery and prosecution of an employee guilty of multi-million dollar embezzlement. In another, he recovered for his client attorneys' fees on a theory that had been rejected by courts in most other states.
His experience includes defending an Oregon company in a lengthy arbitration before a panel appointed by the International Chamber of Commerce in which he successfully limited the award on a $14,000,000 claim for defective design and installation of a Belgian chemical factory to only $90,000.
He also represented the former CEO of a bankrupt agricultural cooperative in a complex mediation that successfully resolved claims in excess of $50,000,000. Recently, he represented a group of chemical companies and their owner in multi-jurisdiction litigation connected with one of the largest and most complicated divorce proceedings in Oregon.
In his securities litigation practice, among other complex cases, Zach has represented and managed the litigation for a former director of Enron who was named as a defendant in scores of cases in multiple federal and state jurisdictions.
Other Court Admissions — U.S. District Court, District of Oregon
U.S. Court of Appeals, 9th Circuit
Bet the Company Cases — Tonkon Torp has been involved in a collection of “bet the company” cases regarding D.B. Western, the largest producer of formaldehyde in the world. The firm has managed criminal and civil litigation and remediation related to the alleged illegal disposal of formaldehyde-related wastes. In 2010, following significant discovery and motion practice, the federal government dismissed its criminal complaint against the company. Litigation with the State of Oregon is ongoing.
ENRON — Tonkon Torp was lead counsel for a former executive officer and board member of Enron in dozens of federal and state court lawsuits in more than 20 states. We represented our client in civil lawsuit proceedings involving the Department of Labor and SEC, and a myriad of other proceeds obtaining favorable settlements to resolve all the proceedings before trial.
Stormwater Compliance Counseling — Regularly represent a variety of manufacturing and commercial operations to come into or maintain compliance with state, municipal, and local stormwater regulations.