Clifford S. Davidson

Partner

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1653 Direct

Assistant: Jennifer M. Langlois: 503.243.1661 x 254

Practice Areas
Overview
Cliff is a commercial trial lawyer.  Throughout his career, he has focused on commercial contract disputes; noncompetition and nondisclosure litigation; class action defense; state and federal RICO; entertainment and intellectual property litigation; First Amendment, defamation and anti-SLAPP litigation; and counseling in the areas of privacy and data security. 

Cliff has served as litigation counsel to IBM, Bob's Red Mill, professional athletes, Viacom, MBIA, Astra Oil Company, Twentieth Century Fox, Willamette Week, Cornell University, AT&T 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
Oregon State Bar
U.S. District Court and Bankruptcy Court
Washington State Bar
U.S. District Court - Western District of Washington
State Bar of California  
U.S. District Courts and Bankruptcy Courts (all districts)

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court
Representative Matters
• Several representations on behalf of International Business Machines Corporation (IBM), including in multi-million dollar federal litigation, an employment matter in federal court, and as third-party witness in Rosenblum v. Oracle America, Inc.
E.g., Glob. Exec. Mgmt. Sols., Inc. v. Int'l Bus. Machines Corp., 260 F. Supp. 3d 1345 (D. Or. 2017)

• Obtained dismissal for 15 cannabis dispensaries in federal RICO lawsuit. 
Underwood v. 1450 SE Orient, LLC, 2019 WL 1245805 (D. Or. Jan. 28, 2019)

• Obtained $1,200,000 federal jury verdict on behalf of insurance marketing company suing for business interference with team of former sales contractors. In the course of doing so, obtained adverse inference jury instructions, and monetary sanctions, based on defendant's spoliation of evidence.
E.g., First Financial Security, Inc. v. Freedom Equity Group, LLC, 2016 WL 5870218 (N.D. Cal. Oct. 7, 2016)

• Defeated $12,000,000 business interference and Oregon RICO claim against solar company and its principal through anti-SLAPP motion practice in federal court. The court awarded our attorney fees and costs.

• Represented landowner sued in 70-defendant federal civil RICO action in connection with cultivation of cannabis.

• In federal court, defeated class certification of purported claims by a team of over 300 independent contractors seeking several million dollars, and obtained award of all of our client's attorney fees and costs.

• Represented loan servicer before the United States Supreme Court and successfully opposed certiorari.

• Defeated anti-SLAPP motion filed against homebuilder, where homebuilder filed a defamation lawsuit against online reviewer making false factual statements.

• Defeated $5,000,000 defamation and business interference claims brought by major automotive chain and recovered client's attorney fees and costs.

• Successfully represented plaintiff, in district court and Ninth Circuit, in a First Amendment retaliation matter against an Oregon municipality and its police chief. 
Addison v. City of Baker City, 258 F. Supp. 3d 1207 (D. Or. 2017), aff'd, 758 Fed. Appx. 582 (9th Cir. 2018)

• Defended toy company against copyright claim brought by competitor. Resolved for a fraction of the demand.

• Represented several businesses before the Trademark Trial and Appeals Board in connection with disputes concerning trademark registrations.

• Obtained judgment as a matter of law at trial on behalf of a national law firm accused of breaches of fiduciary duty in connection with a promissory note. After trial, settled matter for full judgment amount and most of our client's attorneys' fees.

• Represented trucking and warehousing company in Computer Fraud and Abuse Act matter.

• Represented defendant in architectural copyright litigation, settling the case for a fraction of the demand.

• Represented an oil company as plaintiff in a complicated, multinational fraudulent transfer matter.
Honors
  • Oregon Super Lawyers® 2018 - 2019
  • Oregon Super Lawyers® Rising Star 2014 - 2017
  • Southern California Super Lawyers® Rising Star 2009
  • Named One of the Best LGBT Lawyers Under 40, National LGBT Bar Association (2014)
  • Wiley W. Manuel Award for pro bono legal representation
  • Exceptional Performance Award, United States Government 
Professional Organizations
Oregon State Bar Fee Arbitration/Mediation Panel, Member
Multnomah Bar Association
Oregon Newspaper Publishers Association
Los Angeles County Bar Association
American Bar Association, Section of Litigation
Civic Organizations
Oregon Repertory Singers (Board of Directors)
ACLU of Oregon Lawyers Committee (Lawyers Committee member)
Publications
Creditors' Rights and Remedies (OSB Legal Pubs 2016 rev.), Chapter 5
Co-author, state law chapter of Proskauer on Privacy treatise, PLI Publishing
Federal Bar Association, Oregon Chapter newsletter, "Defending Against Claims of Trade Libel"
Various articles in Daily Journal (California) and Law 360
Various entries on Sussman Shank's Employment Law Blog
Articles
Speaking Engagements
Undetectable, Untransmittable, Unclear: Virally-Suppressed Employees and the Healthcare Workplace: Washington State Society of Healthcare Attorneys (2018)

Anti-SLAPP Motions: Challenging Claims Arising from Speech, Oregon State Bar CLE (2018)

Litigating RICO Claims in Oregon, Multnomah Bar Association CLE (2018)

Legalization of Marijuana and the Challenges it Poses to Real Estate Lenders (2017)

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 Portland Business Journal: Oregon's 2018 Most Admired Companies Oregon Business: 100 Best Companies to work for in Oregon 2019 Oregon Business: 100 Best Green Workplaces in Oregon 2019
Practice Areas
Education
A.B., Government, Harvard University, cum laude
J.D., University of Michigan Law School 
Admitted to Practice
Oregon State Bar
U.S. District Court and Bankruptcy Court
Washington State Bar
U.S. District Court - Western District of Washington
State Bar of California  
U.S. District Courts and Bankruptcy Courts (all districts)

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court
Honors
  • Oregon Super Lawyers® 2018 - 2019
  • Oregon Super Lawyers® Rising Star 2014 - 2017
  • Southern California Super Lawyers® Rising Star 2009
  • Named One of the Best LGBT Lawyers Under 40, National LGBT Bar Association (2014)
  • Wiley W. Manuel Award for pro bono legal representation
  • Exceptional Performance Award, United States Government 

Clifford S. Davidson

Partner


1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1653 Direct

Assistant: Jennifer M. Langlois: 503.243.1661 x 254
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Cliff is a commercial trial lawyer.  Throughout his career, he has focused on commercial contract disputes; noncompetition and nondisclosure litigation; class action defense; state and federal RICO; entertainment and intellectual property litigation; First Amendment, defamation and anti-SLAPP litigation; and counseling in the areas of privacy and data security. 

Cliff has served as litigation counsel to IBM, Bob's Red Mill, professional athletes, Viacom, MBIA, Astra Oil Company, Twentieth Century Fox, Willamette Week, Cornell University, AT&T 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.
Publications
Creditors' Rights and Remedies (OSB Legal Pubs 2016 rev.), Chapter 5
Co-author, state law chapter of Proskauer on Privacy treatise, PLI Publishing
Federal Bar Association, Oregon Chapter newsletter, "Defending Against Claims of Trade Libel"
Various articles in Daily Journal (California) and Law 360
Various entries on Sussman Shank's Employment Law Blog
Articles
News
Representative Matters
• Several representations on behalf of International Business Machines Corporation (IBM), including in multi-million dollar federal litigation, an employment matter in federal court, and as third-party witness in Rosenblum v. Oracle America, Inc.
E.g., Glob. Exec. Mgmt. Sols., Inc. v. Int'l Bus. Machines Corp., 260 F. Supp. 3d 1345 (D. Or. 2017)

• Obtained dismissal for 15 cannabis dispensaries in federal RICO lawsuit. 
Underwood v. 1450 SE Orient, LLC, 2019 WL 1245805 (D. Or. Jan. 28, 2019)

• Obtained $1,200,000 federal jury verdict on behalf of insurance marketing company suing for business interference with team of former sales contractors. In the course of doing so, obtained adverse inference jury instructions, and monetary sanctions, based on defendant's spoliation of evidence.
E.g., First Financial Security, Inc. v. Freedom Equity Group, LLC, 2016 WL 5870218 (N.D. Cal. Oct. 7, 2016)

• Defeated $12,000,000 business interference and Oregon RICO claim against solar company and its principal through anti-SLAPP motion practice in federal court. The court awarded our attorney fees and costs.

• Represented landowner sued in 70-defendant federal civil RICO action in connection with cultivation of cannabis.

• In federal court, defeated class certification of purported claims by a team of over 300 independent contractors seeking several million dollars, and obtained award of all of our client's attorney fees and costs.

• Represented loan servicer before the United States Supreme Court and successfully opposed certiorari.

• Defeated anti-SLAPP motion filed against homebuilder, where homebuilder filed a defamation lawsuit against online reviewer making false factual statements.

• Defeated $5,000,000 defamation and business interference claims brought by major automotive chain and recovered client's attorney fees and costs.

• Successfully represented plaintiff, in district court and Ninth Circuit, in a First Amendment retaliation matter against an Oregon municipality and its police chief. 
Addison v. City of Baker City, 258 F. Supp. 3d 1207 (D. Or. 2017), aff'd, 758 Fed. Appx. 582 (9th Cir. 2018)

• Defended toy company against copyright claim brought by competitor. Resolved for a fraction of the demand.

• Represented several businesses before the Trademark Trial and Appeals Board in connection with disputes concerning trademark registrations.

• Obtained judgment as a matter of law at trial on behalf of a national law firm accused of breaches of fiduciary duty in connection with a promissory note. After trial, settled matter for full judgment amount and most of our client's attorneys' fees.

• Represented trucking and warehousing company in Computer Fraud and Abuse Act matter.

• Represented defendant in architectural copyright litigation, settling the case for a fraction of the demand.

• Represented an oil company as plaintiff in a complicated, multinational fraudulent transfer matter.
Speaking Engagements
Undetectable, Untransmittable, Unclear: Virally-Suppressed Employees and the Healthcare Workplace: Washington State Society of Healthcare Attorneys (2018)

Anti-SLAPP Motions: Challenging Claims Arising from Speech, Oregon State Bar CLE (2018)

Litigating RICO Claims in Oregon, Multnomah Bar Association CLE (2018)

Legalization of Marijuana and the Challenges it Poses to Real Estate Lenders (2017)

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 Fee Arbitration/Mediation Panel, Member
Multnomah Bar Association
Oregon Newspaper Publishers Association
Los Angeles County Bar Association
American Bar Association, Section of Litigation
Civic Organizations
Oregon Repertory Singers (Board of Directors)
ACLU of Oregon Lawyers Committee (Lawyers Committee member)