Clifford S. Davidson

Partner

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1653 Direct

Assistant: Kerri L. Bacon: 503.243.1661 x 153

Practice Areas
Overview
Cliff is a commercial trial lawyer.  Throughout his career, he has focused on commercial contract disputes, class action defense, entertainment and intellectual property litigation (including TTAB and WIPO proceedings), First Amendment litigation, counseling in the areas of privacy and data security, and insurance coverage.

He also participated in a year-long fellowship through which he first-chaired criminal trials in San Francisco and Los Angeles.

Cliff's clients have included Bob's Red Mill, IBM, Viacom, MBIA, Astra Oil Company, Twentieth Century Fox, Willamette Week, Cornell University, AT&T, Depository Trust and Clearing Corporation, Take-Two Interactive, the American Bar Association, the Anti-Defamation League, and Community Health Plan of Washington.

Prior to joining Sussman Shank, Cliff practiced at Proskauer Rose and Kendall Brill & Kelly, both in Los Angeles.

Education
A.B., Government, Harvard University, cum laude
J.D., University of Michigan Law School 
Admitted to Practice
State Bar of California
Oregon State Bar
U.S. District Courts 
    Central, Southern, Northern and Eastern Districts of California
U.S. Court of Appeals for the Ninth Circuit
Washington State Bar
Representative Cases
Fiduciary duty/promissory note federal jury trial
Represented national law firm in federal jury trial related to promissory note.  Obtained directed verdict dismissing plaintiff's claims against our client, and awarding damages and attorneys' fees to our client based on its counterclaim.
Rosenblum, et al. v. Oracle America, Inc., et al.
Representing International Business Machines (IBM) Corporation in discovery matters related to the State of Oregon's lawsuit against Oracle, Inc.
Do, et al. v. First Financial Security, Inc., et al.
Representing defendants in class action lawsuit filed by a team of independent contractors claiming unpaid commissions.  Obtained dismissal with prejudice.  Ongoing post-judgment motion practice.
Flynn, et al. v. Angel Studios.
Represented Take-Two Interactive affiliate in class-action wage and hour litigation.  Plaintiffs claimed that they had been misclassified as artistic professionals, who are exempt from overtime laws, based on their work designing videogame graphics.  Obtained favorable settlement after motion practice, discovery, and mediation.

Viacom Inc.
Intellectual property and contract-related litigation and counseling for Viacom entities, including Paramount Pictures, Black Entertainment Television, and MTV.  Representation included a lawsuit concerning reality television contest show, a class action licensing dispute, and a dispute concerning the distribution of a major motion picture.
Keizer Campus Operations, LLC v. Lexington Insurance Co.
Represented long-term care facility in insurance coverage litigation.  We filed suit in order to obtain reimbursement for legal expenses incurred in defending against "wrongful life" lawsuit against client.  The court granted summary judgment, which entitled the client to recover its attorneys' fees and costs in bringing the litigation.  The case subsequently settled.

Astra Oil Company, LLC v. Hydro Syntec Chemicals, Inc., et al.
Represent international petrochemical company as plaintiff with respect to claim against another petrochemical company arising from bookout deal.  Obtained pre-judgment provisional process in federal court against defendant.  Prosecuting fraudulent transfer claim against defendant and its COO.

Tri-City Hospital District v. Citibank, et al.
Represented Municipal Bond Insurance Association in dispute regarding $50,000,000 bond issuance to hospital district.  Filed successful motion to dismiss novel claims under California's Unfair Competition Law and False Claims Act.
Citizens of Humanity, LLC v. LAB sarl, et al.
Representation of manufacturer of high-end jeans in contract dispute with French distributor.  Defeated defendants' request that the court apply the Hague Convention on the Taking of Evidence Abroad rather than the Federal Rules of Civil Procedure.

Domainlor Javier Cabading v. California Baptist University
Represented transgender plaintiff with respect to her California Unruh Civil Rights Act claim on the basis of gender identity/expression discrimination.  After litigating the case for over a year, the court granted our client partial summary judgment, which entitled our client to attorneys' fees and costs.  The case settled after mediation.

Mueller, Miller & Moore LLC v. Sester Farms, Inc.
Defended Oregon family-owned nursery against breach of contract claim.  After conducting and defending depositions, and conducting discovery, we reached a mediated settlement of all claims and counterclaims.
Fubonn Supermarket, LLC, et al. v. Elizalde, et al.
Represented protesters in filing anti-SLAPP motion after they were sued for defamation in connection with First Amendment activities.  Case settled after motion hearing.

Church of Scientology International
Represented the Church of Scientology with respect to a variety of issues, including religious freedom and the First Amendment.

Vanginderen v. Cornell University, et al.
Defended Cornell University against Plaintiff's libel claim for several million dollars, which was based on the theory that digitization of university library newspaper archive restarted the statute of limitations concerning a newspaper article over 20 years old.  Prevailed on anti-SLAPP motions on behalf of the university, at both trial court and appellate level.  Also prevailed in follow-on litigation by defeating on jurisdictional grounds claim that university newspaper website accessible in California gave rise to cause of action in California.  Cornell was awarded attorneys' fees under anti-SLAPP statute.

GoPets v. Hise, et al.
Represented Korean gaming company as plaintiff in Lanham Act and Anti-cybersquatting Act lawsuit in federal court, as well as in proceeding before the World Intellectual Property Organization.  Obtained preliminary and permanent injunctive relief and prevailed on summary judgment.  Received statutory damages and attorneys' fees, and obtained court order that domain name be transferred to our client.

American Bar Association v. Federal Trade Commission
Represented ABA in lawsuit against the FTC to prevent it from implementing a privacy rule that would have imposed significant requirements on attorneys engaged in the practice of law.  The ABA prevailed on summary judgment.  During appellate briefing, Congress changed the applicable law in response to the lawsuit.

Aniplex, Inc. v. The Upper Deck Company
Represented Japanese animation company in production agreement and licensing dispute with trading card company. Briefed, and won, the first Rule 502 privilege waiver motion in the Ninth Circuit.
Privacy and data security counseling
Advised numerous small and large companies concerning their rights and obligations under state, federal, and international privacy and data security laws, including FIPA, GLBA, FCRA, FACTA, the FTC's Privacy Principles, and data breach laws.
Marriage equality litigation
Counsel of record on behalf of Anti-Defamation League as amicus curiae in California's marriage equality litigation related to Proposition 8 (brief is available here).  Co-authored amicus brief concerning issues of standing in Hollingsworth v. Perry – the federal lawsuit related to California's Proposition 8.  The United States Supreme Court ultimately found that the intervenors lacked standing to appeal – the position for which we advocated.

Honors
One of the Best LGBT Lawyers Under 40 - Class of 2014, National LGBT Bar Association
Rising Star, Law And Politics Magazine (Oregon and California)
Wiley W. Manuel Award for pro bono legal representation
Exceptional Performance Award, United States Government
2009, 2014-2016 Oregon Super Lawyers® in the area of Business Litigation
2014-2016 Oregon Rising Star®

Professional Organizations
Oregon State Bar
Oregon State Bar Fee Arbitration/Mediation Panel, Member
Multnomah Bar Association
    CLE Committee
State Bar of California
    Technical Advisor, State and Local Taxation Subcommittee
Los Angeles County Bar Association
American Bar Association
    Co-Chair, LGBT Litigators Subcommittee, Litigation Section
Lambda Legal
     Los Angeles Leadership Committee
Civic Organizations
Oregon Repertory Singers
Basic Rights Oregon, Legal Advisory Committee
Publications
Creditors' Rights and Remedies (OSB Legal Pubs 2016 rev.), Chapter 5
Co-author, state law chapter of Proskauer on Privacy treatise, PLI Publishing
Various articles in Daily Journal (California) and Law 360
Articles
Speaking Engagements
Discovery CLE (2015)                                                                     
"Addressing Negative Online Reviews", Hotel Investor's Marketplace (December 2014)
"Yelp® Help:  Dealing with Online Reviews", Washington Lodging Association Annual Convention & Trade Show (November 2014)
"When the Political Process Meets Due Process: Perspectives on Judicial Elections" American Bar Association, Section of Litigation Annual Conference plenary session, Moderator and panel organizer (April 2014)

News
1642
Practice Areas
Education
A.B., Government, Harvard University, cum laude
J.D., University of Michigan Law School 
Admitted to Practice
State Bar of California
Oregon State Bar
U.S. District Courts 
    Central, Southern, Northern and Eastern Districts of California
U.S. Court of Appeals for the Ninth Circuit
Washington State Bar
Honors
One of the Best LGBT Lawyers Under 40 - Class of 2014, National LGBT Bar Association
Rising Star, Law And Politics Magazine (Oregon and California)
Wiley W. Manuel Award for pro bono legal representation
Exceptional Performance Award, United States Government
2009, 2014-2016 Oregon Super Lawyers® in the area of Business Litigation
2014-2016 Oregon Rising Star®

Clifford S. Davidson

Partner


1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1653 Direct

Assistant: Kerri L. Bacon: 503.243.1661 x 153
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Cliff is a commercial trial lawyer.  Throughout his career, he has focused on commercial contract disputes, class action defense, entertainment and intellectual property litigation (including TTAB and WIPO proceedings), First Amendment litigation, counseling in the areas of privacy and data security, and insurance coverage.

He also participated in a year-long fellowship through which he first-chaired criminal trials in San Francisco and Los Angeles.

Cliff's clients have included Bob's Red Mill, IBM, Viacom, MBIA, Astra Oil Company, Twentieth Century Fox, Willamette Week, Cornell University, AT&T, Depository Trust and Clearing Corporation, Take-Two Interactive, the American Bar Association, the Anti-Defamation League, and Community Health Plan of Washington.

Prior to joining Sussman Shank, Cliff practiced at Proskauer Rose and Kendall Brill & Kelly, both in Los Angeles.

Representative Cases
Fiduciary duty/promissory note federal jury trial
Represented national law firm in federal jury trial related to promissory note.  Obtained directed verdict dismissing plaintiff's claims against our client, and awarding damages and attorneys' fees to our client based on its counterclaim.
Rosenblum, et al. v. Oracle America, Inc., et al.
Representing International Business Machines (IBM) Corporation in discovery matters related to the State of Oregon's lawsuit against Oracle, Inc.
Do, et al. v. First Financial Security, Inc., et al.
Representing defendants in class action lawsuit filed by a team of independent contractors claiming unpaid commissions.  Obtained dismissal with prejudice.  Ongoing post-judgment motion practice.
Flynn, et al. v. Angel Studios.
Represented Take-Two Interactive affiliate in class-action wage and hour litigation.  Plaintiffs claimed that they had been misclassified as artistic professionals, who are exempt from overtime laws, based on their work designing videogame graphics.  Obtained favorable settlement after motion practice, discovery, and mediation.

Viacom Inc.
Intellectual property and contract-related litigation and counseling for Viacom entities, including Paramount Pictures, Black Entertainment Television, and MTV.  Representation included a lawsuit concerning reality television contest show, a class action licensing dispute, and a dispute concerning the distribution of a major motion picture.
Keizer Campus Operations, LLC v. Lexington Insurance Co.
Represented long-term care facility in insurance coverage litigation.  We filed suit in order to obtain reimbursement for legal expenses incurred in defending against "wrongful life" lawsuit against client.  The court granted summary judgment, which entitled the client to recover its attorneys' fees and costs in bringing the litigation.  The case subsequently settled.

Astra Oil Company, LLC v. Hydro Syntec Chemicals, Inc., et al.
Represent international petrochemical company as plaintiff with respect to claim against another petrochemical company arising from bookout deal.  Obtained pre-judgment provisional process in federal court against defendant.  Prosecuting fraudulent transfer claim against defendant and its COO.

Tri-City Hospital District v. Citibank, et al.
Represented Municipal Bond Insurance Association in dispute regarding $50,000,000 bond issuance to hospital district.  Filed successful motion to dismiss novel claims under California's Unfair Competition Law and False Claims Act.
Citizens of Humanity, LLC v. LAB sarl, et al.
Representation of manufacturer of high-end jeans in contract dispute with French distributor.  Defeated defendants' request that the court apply the Hague Convention on the Taking of Evidence Abroad rather than the Federal Rules of Civil Procedure.

Domainlor Javier Cabading v. California Baptist University
Represented transgender plaintiff with respect to her California Unruh Civil Rights Act claim on the basis of gender identity/expression discrimination.  After litigating the case for over a year, the court granted our client partial summary judgment, which entitled our client to attorneys' fees and costs.  The case settled after mediation.

Mueller, Miller & Moore LLC v. Sester Farms, Inc.
Defended Oregon family-owned nursery against breach of contract claim.  After conducting and defending depositions, and conducting discovery, we reached a mediated settlement of all claims and counterclaims.
Fubonn Supermarket, LLC, et al. v. Elizalde, et al.
Represented protesters in filing anti-SLAPP motion after they were sued for defamation in connection with First Amendment activities.  Case settled after motion hearing.

Church of Scientology International
Represented the Church of Scientology with respect to a variety of issues, including religious freedom and the First Amendment.

Vanginderen v. Cornell University, et al.
Defended Cornell University against Plaintiff's libel claim for several million dollars, which was based on the theory that digitization of university library newspaper archive restarted the statute of limitations concerning a newspaper article over 20 years old.  Prevailed on anti-SLAPP motions on behalf of the university, at both trial court and appellate level.  Also prevailed in follow-on litigation by defeating on jurisdictional grounds claim that university newspaper website accessible in California gave rise to cause of action in California.  Cornell was awarded attorneys' fees under anti-SLAPP statute.

GoPets v. Hise, et al.
Represented Korean gaming company as plaintiff in Lanham Act and Anti-cybersquatting Act lawsuit in federal court, as well as in proceeding before the World Intellectual Property Organization.  Obtained preliminary and permanent injunctive relief and prevailed on summary judgment.  Received statutory damages and attorneys' fees, and obtained court order that domain name be transferred to our client.

American Bar Association v. Federal Trade Commission
Represented ABA in lawsuit against the FTC to prevent it from implementing a privacy rule that would have imposed significant requirements on attorneys engaged in the practice of law.  The ABA prevailed on summary judgment.  During appellate briefing, Congress changed the applicable law in response to the lawsuit.

Aniplex, Inc. v. The Upper Deck Company
Represented Japanese animation company in production agreement and licensing dispute with trading card company. Briefed, and won, the first Rule 502 privilege waiver motion in the Ninth Circuit.
Privacy and data security counseling
Advised numerous small and large companies concerning their rights and obligations under state, federal, and international privacy and data security laws, including FIPA, GLBA, FCRA, FACTA, the FTC's Privacy Principles, and data breach laws.
Marriage equality litigation
Counsel of record on behalf of Anti-Defamation League as amicus curiae in California's marriage equality litigation related to Proposition 8 (brief is available here).  Co-authored amicus brief concerning issues of standing in Hollingsworth v. Perry – the federal lawsuit related to California's Proposition 8.  The United States Supreme Court ultimately found that the intervenors lacked standing to appeal – the position for which we advocated.

Speaking Engagements
Discovery CLE (2015)                                                                     
"Addressing Negative Online Reviews", Hotel Investor's Marketplace (December 2014)
"Yelp® Help:  Dealing with Online Reviews", Washington Lodging Association Annual Convention & Trade Show (November 2014)
"When the Political Process Meets Due Process: Perspectives on Judicial Elections" American Bar Association, Section of Litigation Annual Conference plenary session, Moderator and panel organizer (April 2014)

Professional Organizations
Oregon State Bar
Oregon State Bar Fee Arbitration/Mediation Panel, Member
Multnomah Bar Association
    CLE Committee
State Bar of California
    Technical Advisor, State and Local Taxation Subcommittee
Los Angeles County Bar Association
American Bar Association
    Co-Chair, LGBT Litigators Subcommittee, Litigation Section
Lambda Legal
     Los Angeles Leadership Committee
Civic Organizations
Oregon Repertory Singers
Basic Rights Oregon, Legal Advisory Committee