David D. VanSpeybroeck

Special Counsel

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.972.4254 Direct



Practice Areas
Overview
David VanSpeybroeck is a trial lawyer who has a diverse commercial litigation practice representing businesses and individuals in a wide array of matters, including antitrust, securities, intellectual property and contractual disputes. Throughout his career, he has successfully tried and resolved more than 25 cases to jury verdicts in State and Federal Courts and has also conducted numerous arbitrations.

He counsels clients on disputes arising from large, complex commercial transactions and has represented and advised high-tech companies regarding the protection of their intellectual property rights. David has successfully brought and defended claims for trade secret, copyright, and trademark infringement. As an advisor, he helps businesses avoid litigation using risk management techniques and to ensure proper title to their intellectual property.

David also has extensive experience advising insurance companies in large scale coverage disputes on first and third party claims. 

David has successfully represented investors on securities claims under the Oregon Securities Act and defended material participants on securities matters. He has also advised issuers of securities regarding the contents of their business plans and disclosure documents. 

In addition, David counsels emerging and early growth companies as they face unique challenges, address intellectual property strategies, and manage securities issues.

David frequently speaks to select industry groups on topics related to securities and intellectual property issues.
Education
B.A., Hamilton College
J.D., Boston University School of Law, cum laude
Admitted to Practice
Massachusetts Bar
U.S. District Court, District of Massachusetts
Oregon State Bar
U.S. District Court, District of Oregon
Pro Hac Vice Admission, Washington, California, New Hampshire, Maine
Representative Cases
Successful Defense of Wrongful Death Claim and Insurance Coverage
Successfully settled two lawsuits filed against our client, an industrial machine manufacturing service company. 

An industrial accident in which an employee was killed on the job led to a lawsuit against our client in which the employee's widow sought $1.9 million in damages.  Our client's workers' compensation insurance carrier denied coverage, claiming the lawsuit was barred by the Exclusive Remedy Statute, or, in the alternative, that the loss was not covered under the Intentional Loss Exclusion in the insurance policy.  This denial of coverage left our client facing a lawsuit in which the damages sought would have put it out of business.

A vigorous defense of the suit by our team of attorneys led to a settlement with the widow for $400,000, a fraction of the damages originally sued for. 

Sussman then turned around and sued the workers' compensation insurance company, claiming a breach of duty in their denial of coverage.  Complex and aggressive litigation ensued, with both sides exchanging discovery requests and filing Motions for Summary Judgment.  In the end, the judge ruled that the insurance company had breached its duty.  The judge ordered the insurance company to pay 100% of Sussman's fees and 85% of the settlement Sussman reached with the widow. 

Almost a year and a half of litigation ended with our client getting back nearly all of what it paid to settle the original suit, including the fees incurred by our team in negotiating that settlement and then getting the insurance company to pay up.  As a result, our client is quite pleased with the level of legal expertise offered by Sussman Shank.
Securities Investigation
Defended founder of assisted living facility chain in SEC receivership including penalty phase.  Ultimately, achieved ruling of no penalty.  Successfully defended TRO motion from Securities and Exchange Commission, a case in which SEC sought $180 million dollars.
Insurance Disputes
  • Represented an insurance company in obtaining a summary judgment ruling where the insured submitted fraudulent documents to the insurance company.  The insured was pursuing large claims in a valuation dispute when we discovered forged signatures on documents and asserted counterclaims based on the concealment and fraud provision in the insurance policy.

  • Successfully represented a landlord that received a wrongful cancellation notice from its insurer when the landlord could not obtain insurance from other sources.  We successfully petitioned the insurance commissioner and convinced the insurance company to reinstate coverage, thereby helping our client avoid breaches of multiple lease agreements and a possible shutdown of its property.

  • Successfully defended an insurance company of a landlord that was sued by tenants after a fire and convinced plaintiffs to drop the suit.  Subsequently we sued the tenant's insurers for wrongfully bringing the original suit and recovered most of the defense costs incurred.

  • Obtained defense verdict in arson case after cross examination of opposing fire cause expert showed improper methodology in fire cause analysis that led opposing expert to opinions which lacked validity.

  • Convinced client's insurance company to provide a defense and indemnity in a lawsuit where insurance company had already denied coverage and exposure to client was greater than value of the business.  As a result, insurance company ultimately settled underlying suit at no cost to client and with no adverse affect on client's business. 

  • Successfully defended insurance company in a case involving allegations of unfair trade practices and bad faith.  Obtained defense verdict after two week trial.
  • Sussman Shank Prevails in Lease Guaranty Arbitration
    We successfully defended a lease guaranty claim brought against Terri Waldroff by the landlords including Security and Investment Company of Lake Oswego, LLC.  Waldroff was a minority member of the tenant of an assisted living facility in LaConner, Washington, and was sued by the landlords for amounts allegedly owed under the lease.  Sussman Shank successfully argued that the landlords modified the risk under the guaranty which extinguished the guaranty.  The arbitrator also awarded Waldroff her attorney fees.  The arbitration award may not be appealed.  Sussman Shank Partner Aaron Besen also assisted with his knowledge of the long term care industry and review of the commercial documentation. 
    Fraudulent Conveyance
    Successfully represented a toy manufacturer in bringing fraudulent conveyance claims after the toy distributor declared insolvency, after making substantial payments to its founders.  After protracted mediation, the toy manufacturer was able to recover a substantial portion of the amount it was owed.

    Honors
    Selected for inclusion in The Best Lawyers® in America (2011 - 2015, 2017) in the practice areas of Commercial Litigation, Litigation - Bankruptcy, Litigation - Securities
    Selected for inclusion in Oregon Super Lawyers® (2012 - 2016 Business Litigation)

    Best Lawyers Award Badge
    Civic Organizations
    Board Member, Children's Relief Nursery (2011-2012)
    Board Member, Pixetell, Inc. (2008-2012)
    President, Oceanside Protection Society Board (2007-Present)
    Multnomah County Justice Reinvestment Program Board (2013-Present)
    Member, Rotary Club
    News
    1643
    Practice Areas
    Education
    B.A., Hamilton College
    J.D., Boston University School of Law, cum laude
    Admitted to Practice
    Massachusetts Bar
    U.S. District Court, District of Massachusetts
    Oregon State Bar
    U.S. District Court, District of Oregon
    Pro Hac Vice Admission, Washington, California, New Hampshire, Maine
    Honors
    Selected for inclusion in The Best Lawyers® in America (2011 - 2015, 2017) in the practice areas of Commercial Litigation, Litigation - Bankruptcy, Litigation - Securities
    Selected for inclusion in Oregon Super Lawyers® (2012 - 2016 Business Litigation)

    Best Lawyers Award Badge

    David D. VanSpeybroeck

    Special Counsel


    1000 SW Broadway, Suite 1400
    Portland, Oregon 97205

    503.227.1111 Main
    503.972.4254 Direct

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    David VanSpeybroeck is a trial lawyer who has a diverse commercial litigation practice representing businesses and individuals in a wide array of matters, including antitrust, securities, intellectual property and contractual disputes. Throughout his career, he has successfully tried and resolved more than 25 cases to jury verdicts in State and Federal Courts and has also conducted numerous arbitrations.

    He counsels clients on disputes arising from large, complex commercial transactions and has represented and advised high-tech companies regarding the protection of their intellectual property rights. David has successfully brought and defended claims for trade secret, copyright, and trademark infringement. As an advisor, he helps businesses avoid litigation using risk management techniques and to ensure proper title to their intellectual property.

    David also has extensive experience advising insurance companies in large scale coverage disputes on first and third party claims. 

    David has successfully represented investors on securities claims under the Oregon Securities Act and defended material participants on securities matters. He has also advised issuers of securities regarding the contents of their business plans and disclosure documents. 

    In addition, David counsels emerging and early growth companies as they face unique challenges, address intellectual property strategies, and manage securities issues.

    David frequently speaks to select industry groups on topics related to securities and intellectual property issues.
    Representative Cases
    Successful Defense of Wrongful Death Claim and Insurance Coverage
    Successfully settled two lawsuits filed against our client, an industrial machine manufacturing service company. 

    An industrial accident in which an employee was killed on the job led to a lawsuit against our client in which the employee's widow sought $1.9 million in damages.  Our client's workers' compensation insurance carrier denied coverage, claiming the lawsuit was barred by the Exclusive Remedy Statute, or, in the alternative, that the loss was not covered under the Intentional Loss Exclusion in the insurance policy.  This denial of coverage left our client facing a lawsuit in which the damages sought would have put it out of business.

    A vigorous defense of the suit by our team of attorneys led to a settlement with the widow for $400,000, a fraction of the damages originally sued for. 

    Sussman then turned around and sued the workers' compensation insurance company, claiming a breach of duty in their denial of coverage.  Complex and aggressive litigation ensued, with both sides exchanging discovery requests and filing Motions for Summary Judgment.  In the end, the judge ruled that the insurance company had breached its duty.  The judge ordered the insurance company to pay 100% of Sussman's fees and 85% of the settlement Sussman reached with the widow. 

    Almost a year and a half of litigation ended with our client getting back nearly all of what it paid to settle the original suit, including the fees incurred by our team in negotiating that settlement and then getting the insurance company to pay up.  As a result, our client is quite pleased with the level of legal expertise offered by Sussman Shank.
    Securities Investigation
    Defended founder of assisted living facility chain in SEC receivership including penalty phase.  Ultimately, achieved ruling of no penalty.  Successfully defended TRO motion from Securities and Exchange Commission, a case in which SEC sought $180 million dollars.
    Insurance Disputes
  • Represented an insurance company in obtaining a summary judgment ruling where the insured submitted fraudulent documents to the insurance company.  The insured was pursuing large claims in a valuation dispute when we discovered forged signatures on documents and asserted counterclaims based on the concealment and fraud provision in the insurance policy.

  • Successfully represented a landlord that received a wrongful cancellation notice from its insurer when the landlord could not obtain insurance from other sources.  We successfully petitioned the insurance commissioner and convinced the insurance company to reinstate coverage, thereby helping our client avoid breaches of multiple lease agreements and a possible shutdown of its property.

  • Successfully defended an insurance company of a landlord that was sued by tenants after a fire and convinced plaintiffs to drop the suit.  Subsequently we sued the tenant's insurers for wrongfully bringing the original suit and recovered most of the defense costs incurred.

  • Obtained defense verdict in arson case after cross examination of opposing fire cause expert showed improper methodology in fire cause analysis that led opposing expert to opinions which lacked validity.

  • Convinced client's insurance company to provide a defense and indemnity in a lawsuit where insurance company had already denied coverage and exposure to client was greater than value of the business.  As a result, insurance company ultimately settled underlying suit at no cost to client and with no adverse affect on client's business. 

  • Successfully defended insurance company in a case involving allegations of unfair trade practices and bad faith.  Obtained defense verdict after two week trial.
  • Sussman Shank Prevails in Lease Guaranty Arbitration
    We successfully defended a lease guaranty claim brought against Terri Waldroff by the landlords including Security and Investment Company of Lake Oswego, LLC.  Waldroff was a minority member of the tenant of an assisted living facility in LaConner, Washington, and was sued by the landlords for amounts allegedly owed under the lease.  Sussman Shank successfully argued that the landlords modified the risk under the guaranty which extinguished the guaranty.  The arbitrator also awarded Waldroff her attorney fees.  The arbitration award may not be appealed.  Sussman Shank Partner Aaron Besen also assisted with his knowledge of the long term care industry and review of the commercial documentation. 
    Fraudulent Conveyance
    Successfully represented a toy manufacturer in bringing fraudulent conveyance claims after the toy distributor declared insolvency, after making substantial payments to its founders.  After protracted mediation, the toy manufacturer was able to recover a substantial portion of the amount it was owed.

    Civic Organizations
    Board Member, Children's Relief Nursery (2011-2012)
    Board Member, Pixetell, Inc. (2008-2012)
    President, Oceanside Protection Society Board (2007-Present)
    Multnomah County Justice Reinvestment Program Board (2013-Present)
    Member, Rotary Club