Jason W. Alexander

Partner, Litigation Group Chair

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1623 Direct

Assistant: Karen D. Muir: 503.243.1661 x 258

Practice Areas
Overview
Since 1996, Jason has represented companies and individuals in a wide array of business matters and disputes.  Jason's primary fields of representation include general business and corporate matters, construction, real estate (including commercial landlord/tenant law), and creditor rights. 

Jason's business experience includes:

  • Dispute resolution (litigation, arbitration, mediation, etc.)
  • Uniform commercial code (including security interests)
  • Contract negotiation/drafting
  • Contract enforcement (including creditor rights)
  • Shareholder/LLC member disputes
  • Real estate
  • Commercial landlord/tenant rights
  • Pre-judgment remedies (provisional process)
  • Judgment enforcement/collection

Jason's construction experience includes:

  • Contract negotiation and drafting
  • Contract enforcement
  • Lien/bond claim enforcement
  • Construction defect claims
  • Impact and delay claims
  • Bid disputes
Education
B.S., University of the Pacific, with an emphasis in Finance
J.D., Willamette University College of Law, with a minor in Alternative Dispute Resolution
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Washington State Bar
      U.S. District Court, Eastern District of Washington
      U.S. District Court, Western District of Washington
Court of Federal Claims
Representative Cases
Company Ownership Dispute
Jason successfully defended a client sued for allegedly violating numerous fiduciary duties, such as the duty of loyalty and the duty of fair dealing.  Jason's client was a member in five Limited Liability Companies.  A second member initiated the lawsuit seeking hundreds of thousands in damages.  Through careful investigation on the front end, Jason was able to discover numerous violations and breaches by plaintiff, which allowed the filing of numerous counterclaims and effectively turned the tables.  In the end, Jason secured a nearly half-million dollar settlement for his client.
Contract Enforcement
Jason successfully negotiated an over $800,000 settlement for a business client that was involved in a contract dispute with a customer.  The client performed services for its customer and, under the contract, was entitled to a certain percent of revenue received from certain sales in Canada, Mexico, and the United States.  The customer disputed virtually all of the client's contentions and asserted a number of its own claims against the client.  While the customer was based in California, for legal reasons, Jason determined it was in his client's best interest to file a lawsuit in Washington to enforce the contract.  After defeating the customer's motion to dismiss the lawsuit on jurisdictional grounds, Jason expertly gathered the necessary evidence through discovery that allowed him to negotiate on behalf of his client, through two mediation sessions, a payment in excess of $800,000.  By appropriately and persuasively presenting the evidence at mediation, not only was Jason able to secure a large settlement on his client's behalf, but he was also able to save his client the time, stress, and cost of taking the matter to trial. 
Creditor Rights Enforcement
Jason was able to obtain a trial verdict in his client's favor in a dispute between his client (a lender), the debtor, and the debtor's husband.  Prior to retaining Jason, his client had made a loan to the debtor.  The client intended to secure the loan, but unfortunately did not do it correctly.  After the loan was made, the debtor married her husband.  However, before the loan was paid, the debtor's husband filed for divorce and asserted a half interest in the debtor's home, the asset that Jason's client intended to obtain as security for the loan.  At trial, Jason successfully persuaded the court to grant his client, in effect, an equitable lien that dated back to the time of the loan, which thereby allowed his client to be paid before the debtor's husband. 
Fraudulent Transfer
Represented a national bank and successfully obtained a judgment for fraudulent transfer.  The bank had obtained a judgment against a debtor in an underlying fraud action.  Immediately before the fraud judgment was obtained, the debtor caused to be recorded a trust deed against two pieces of real property.  If the deed had been legitimate, it would have wiped out all of the debtor's equity in the properties.  Through post-judgment discovery, we determined that the trust deed was fraudulent.  We filed an action against the debtor and the alleged beneficiary of the trust deed, seeking to avoid the trust deed on fraudulent transfer grounds.  During the lawsuit, the beneficiary produced fraudulent records attempting to prove that the trust deed was legitimate.  Through focused and directed case discovery, as well as forensic analysis, we were able to persuade the beneficiary that its position was untenable.  We secured a stipulated judgment in which the trust deed was voided, thus achieving our client's goals while avoiding a costly and protracted trial.
Commercial Landlord/Tenant
Jason successfully obtained a verdict in his client's favor in a commercial landlord dispute.  The tenant had leased a large commercial space from Jason's client to operate a billiards hall.  After a year, the tenant started having problems paying rent, and the landlord believed the tenant was violating the use provision of the lease.  After efforts to work amicably with the tenant without attorneys failed, Jason was retained, and a written "last chance" compliance agreement was immediately obtained from the tenant based on the presentation Jason provided to the tenant.  When the tenant ultimately breached the "last chance" agreement, Jason filed suit to evict the tenant on behalf of his client.  At trial, the tenant contested every issue, even claiming that he did not understand the English language.  Through Jason's trial skills and carefully drafted "last chance" agreement, he was able to secure a fast verdict in his client's favor.  Unfortunately, the tenant refused to vacate the premises voluntarily, but Jason was able to quickly work with the court and sheriff's office to obtain possession of the premises. 
Complex Construction Dispute
In a complex construction dispute, Jason successfully negotiated a $500,000 payment for one of his clients.  Jason represented a general contractor who was owed a large sum of money due to cost overruns and delays Jason's client asserted were caused by the owner.  However, the owner claimed the cost overruns and delays were the result of the general contractor, and the owner asserted that Jason's client had caused it more than $1,000,000 in damages.  Through the proper use of expert witnesses, discovery, schedule analysis, and other dispute resolution techniques, Jason was able to not only persuade the owner to drop all of its counterclaims, but also pay his client roughly $500,000.
Construction Dispute – Contract Enforcement
Jason assisted his client in avoiding a costly construction/contract dispute, while at the same time obtaining his client's goals.  Jason represented an owner who purchased a commercial building that required significant renovations and upgrades.  The owner retained a construction company to perform the work.  For a number of reasons, the owner decided it needed to fire the contractor, but also believed considerable expense would be incurred in fixing the current problems.  The contractor disputed all of Jason's client's claims.  Once Jason was retained, he was able to assist his client in compiling the necessary evidence and presenting it in a way to the contractor that allowed it to "appreciate" its situation, which facilitated a quick resolution that achieved all of the client goals.  If a resolution would not have been obtained, the dispute probably would have lasted for more than a year and cost Jason's client tens of thousands of dollars in costs and lost time.
Construction – Creditor Rights
Jason assisted a construction supplier client in collecting a large account that the client thought was secured, but was not.  Jason's client made, for it, a large credit extension, thinking that it was a "protected party" under federal law (Miller Act).  If Jason's client was a "protected party," it would greatly reduce the risk to Jason's client of not receiving payment.  Unfortunately, the client was wrong, and its customer was very late on payment.  Jason was asked to assist the client in efforts to collect the large debt.  In a very short time frame, Jason was able to assist his client in using other options to quickly secure and ultimately receive payment for his client. 
Honors
2010-2016 Oregon Super Lawyers® in the area of Business Litigation
2012 Oregon Super Lawyers® Top 50 list
2008 and 2009 Oregon Super Lawyers® list as a Rising Star in the area of Business Litigation

Professional Organizations
Certified Public Accountants (Joint) Committee, (2004-2005)
Business Litigation Executive Committee, Oregon State Bar (2016)
Construction Section Executive Committee, Oregon State Bar (2005-Present)
Multnomah Bar Association
Oregon State Bar Association
      Construction Section
      Litigation Section
      Dispute Resolution Section    
      Real Estate Section
Washington State Bar Association
      Litigation Section
      Business and Corporate Law Section
      Construction Section
Upcoming Speaking Engagements
News
Personal Interests

Jason enjoys spending time with his wife and two young children.  He also enjoys running, skiing, camping, reading, and watching sports.


 

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Practice Areas
Education
B.S., University of the Pacific, with an emphasis in Finance
J.D., Willamette University College of Law, with a minor in Alternative Dispute Resolution
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Washington State Bar
      U.S. District Court, Eastern District of Washington
      U.S. District Court, Western District of Washington
Court of Federal Claims
Honors
2010-2016 Oregon Super Lawyers® in the area of Business Litigation
2012 Oregon Super Lawyers® Top 50 list
2008 and 2009 Oregon Super Lawyers® list as a Rising Star in the area of Business Litigation

Jason W. Alexander

Partner, Litigation Group Chair


1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1623 Direct

Assistant: Karen D. Muir: 503.243.1661 x 258
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Since 1996, Jason has represented companies and individuals in a wide array of business matters and disputes.  Jason's primary fields of representation include general business and corporate matters, construction, real estate (including commercial landlord/tenant law), and creditor rights. 

Jason's business experience includes:

  • Dispute resolution (litigation, arbitration, mediation, etc.)
  • Uniform commercial code (including security interests)
  • Contract negotiation/drafting
  • Contract enforcement (including creditor rights)
  • Shareholder/LLC member disputes
  • Real estate
  • Commercial landlord/tenant rights
  • Pre-judgment remedies (provisional process)
  • Judgment enforcement/collection

Jason's construction experience includes:

  • Contract negotiation and drafting
  • Contract enforcement
  • Lien/bond claim enforcement
  • Construction defect claims
  • Impact and delay claims
  • Bid disputes
Personal Interests

Jason enjoys spending time with his wife and two young children.  He also enjoys running, skiing, camping, reading, and watching sports.


 

Representative Cases
Company Ownership Dispute
Jason successfully defended a client sued for allegedly violating numerous fiduciary duties, such as the duty of loyalty and the duty of fair dealing.  Jason's client was a member in five Limited Liability Companies.  A second member initiated the lawsuit seeking hundreds of thousands in damages.  Through careful investigation on the front end, Jason was able to discover numerous violations and breaches by plaintiff, which allowed the filing of numerous counterclaims and effectively turned the tables.  In the end, Jason secured a nearly half-million dollar settlement for his client.
Contract Enforcement
Jason successfully negotiated an over $800,000 settlement for a business client that was involved in a contract dispute with a customer.  The client performed services for its customer and, under the contract, was entitled to a certain percent of revenue received from certain sales in Canada, Mexico, and the United States.  The customer disputed virtually all of the client's contentions and asserted a number of its own claims against the client.  While the customer was based in California, for legal reasons, Jason determined it was in his client's best interest to file a lawsuit in Washington to enforce the contract.  After defeating the customer's motion to dismiss the lawsuit on jurisdictional grounds, Jason expertly gathered the necessary evidence through discovery that allowed him to negotiate on behalf of his client, through two mediation sessions, a payment in excess of $800,000.  By appropriately and persuasively presenting the evidence at mediation, not only was Jason able to secure a large settlement on his client's behalf, but he was also able to save his client the time, stress, and cost of taking the matter to trial. 
Creditor Rights Enforcement
Jason was able to obtain a trial verdict in his client's favor in a dispute between his client (a lender), the debtor, and the debtor's husband.  Prior to retaining Jason, his client had made a loan to the debtor.  The client intended to secure the loan, but unfortunately did not do it correctly.  After the loan was made, the debtor married her husband.  However, before the loan was paid, the debtor's husband filed for divorce and asserted a half interest in the debtor's home, the asset that Jason's client intended to obtain as security for the loan.  At trial, Jason successfully persuaded the court to grant his client, in effect, an equitable lien that dated back to the time of the loan, which thereby allowed his client to be paid before the debtor's husband. 
Fraudulent Transfer
Represented a national bank and successfully obtained a judgment for fraudulent transfer.  The bank had obtained a judgment against a debtor in an underlying fraud action.  Immediately before the fraud judgment was obtained, the debtor caused to be recorded a trust deed against two pieces of real property.  If the deed had been legitimate, it would have wiped out all of the debtor's equity in the properties.  Through post-judgment discovery, we determined that the trust deed was fraudulent.  We filed an action against the debtor and the alleged beneficiary of the trust deed, seeking to avoid the trust deed on fraudulent transfer grounds.  During the lawsuit, the beneficiary produced fraudulent records attempting to prove that the trust deed was legitimate.  Through focused and directed case discovery, as well as forensic analysis, we were able to persuade the beneficiary that its position was untenable.  We secured a stipulated judgment in which the trust deed was voided, thus achieving our client's goals while avoiding a costly and protracted trial.
Commercial Landlord/Tenant
Jason successfully obtained a verdict in his client's favor in a commercial landlord dispute.  The tenant had leased a large commercial space from Jason's client to operate a billiards hall.  After a year, the tenant started having problems paying rent, and the landlord believed the tenant was violating the use provision of the lease.  After efforts to work amicably with the tenant without attorneys failed, Jason was retained, and a written "last chance" compliance agreement was immediately obtained from the tenant based on the presentation Jason provided to the tenant.  When the tenant ultimately breached the "last chance" agreement, Jason filed suit to evict the tenant on behalf of his client.  At trial, the tenant contested every issue, even claiming that he did not understand the English language.  Through Jason's trial skills and carefully drafted "last chance" agreement, he was able to secure a fast verdict in his client's favor.  Unfortunately, the tenant refused to vacate the premises voluntarily, but Jason was able to quickly work with the court and sheriff's office to obtain possession of the premises. 
Complex Construction Dispute
In a complex construction dispute, Jason successfully negotiated a $500,000 payment for one of his clients.  Jason represented a general contractor who was owed a large sum of money due to cost overruns and delays Jason's client asserted were caused by the owner.  However, the owner claimed the cost overruns and delays were the result of the general contractor, and the owner asserted that Jason's client had caused it more than $1,000,000 in damages.  Through the proper use of expert witnesses, discovery, schedule analysis, and other dispute resolution techniques, Jason was able to not only persuade the owner to drop all of its counterclaims, but also pay his client roughly $500,000.
Construction Dispute – Contract Enforcement
Jason assisted his client in avoiding a costly construction/contract dispute, while at the same time obtaining his client's goals.  Jason represented an owner who purchased a commercial building that required significant renovations and upgrades.  The owner retained a construction company to perform the work.  For a number of reasons, the owner decided it needed to fire the contractor, but also believed considerable expense would be incurred in fixing the current problems.  The contractor disputed all of Jason's client's claims.  Once Jason was retained, he was able to assist his client in compiling the necessary evidence and presenting it in a way to the contractor that allowed it to "appreciate" its situation, which facilitated a quick resolution that achieved all of the client goals.  If a resolution would not have been obtained, the dispute probably would have lasted for more than a year and cost Jason's client tens of thousands of dollars in costs and lost time.
Construction – Creditor Rights
Jason assisted a construction supplier client in collecting a large account that the client thought was secured, but was not.  Jason's client made, for it, a large credit extension, thinking that it was a "protected party" under federal law (Miller Act).  If Jason's client was a "protected party," it would greatly reduce the risk to Jason's client of not receiving payment.  Unfortunately, the client was wrong, and its customer was very late on payment.  Jason was asked to assist the client in efforts to collect the large debt.  In a very short time frame, Jason was able to assist his client in using other options to quickly secure and ultimately receive payment for his client. 
Upcoming Speaking Engagements
Professional Organizations
Certified Public Accountants (Joint) Committee, (2004-2005)
Business Litigation Executive Committee, Oregon State Bar (2016)
Construction Section Executive Committee, Oregon State Bar (2005-Present)
Multnomah Bar Association
Oregon State Bar Association
      Construction Section
      Litigation Section
      Dispute Resolution Section    
      Real Estate Section
Washington State Bar Association
      Litigation Section
      Business and Corporate Law Section
      Construction Section