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David J. Petersen

David J. Petersen

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503.802.2054
david.petersen@tonkon.com
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Overview

David chairs Tonkon Torp's Real Estate & Land Use Practice Group, focusing his practice on land use and local government law. He has helped bring a wide range of development projects to fruition, including large-scale residential developments, big-box retail stores, educational and office campuses, mixed-use developments and master planned communities, and other industrial and commercial facilities. He has successfully represented clients before a wide range of permitting bodies including the Oregon Land Use Board of Appeals and many Oregon and California cities and counties.

David has a subspecialty focusing on renewable energy development, having worked with many clients to bring utility-scale wind and solar facilities online in Oregon, California, and elsewhere. David has represented clients before and has served as a hearings officer for the Oregon Energy Facility Siting Council. He is a member of the firm's Energy Law practice group and often speaks and writes on land use topics as they relate to renewable energy.

Beyond land use, David has a robust real estate transactional practice, representing owners and developers in a wide range of title, finance, transactional, leasing, and regulatory matters. He has handled the real estate aspects of several complex mergers, acquisitions and bankruptcies, including the $1.2 billion sale of 146 senior housing facilities arising out of the bankruptcy of Sunwest, at the time the nation's largest privately-held senior housing provider. He also regularly counsels developers and owners on the intricacies of Oregon law related to owners' associations and restrictive covenants.

David's clients repeatedly praise his direct advice, quickness to grasp key issues, and efficiency in completing work on time and under budget. Clients and decision-makers alike compliment his clear, concise, and forthright explanation of complicated issues and presentation of legal arguments.

Prior to joining Tonkon Torp, David worked as a criminal investigator for the U.S. Department of Agriculture. After law school, he practiced real estate and land use law in the San Francisco area.

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Get To Know

David likes gardening, backpacking, and driving his restored 1959 Austin Healey Bugeye Sprite. He serves as a volunteer advocate for foster kids through Court Appointed Special Advocates (CASA). The things he misses most about his hometown of Buffalo, New York are thunderstorms, fireflies, and truly authentic, extra-spicy chicken wings.
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Featured Representative Matters

Complex Seniors Housing Transaction

Represented client in transaction to manage and potentially, in the future, acquire existing senior living facilities. The transaction involved complex issues of state licensing and regulatory oversight of facilities that receive state financial assistance.

Acquisition of Shopping Center during COVID Crisis

Represented client in the acquisition of a Willamette Valley shopping center in completion of a 1031 exchange. The coronavirus crisis hit during the due diligence period, resulting in a massive drop-off in tenants' businesses and thereby drastically affecting the transaction pro forma. Assisted buyer to implement creative solutions with the seller to save the transaction by sharing the risk of reduced landlord revenues in the short term after closing.

Represented Auto Dealer in Simultaneous Property Transactions

Represented auto dealer client in the simultaneous purchase of dealership property, sale of vacant land, and amendment of lease to third property. Transaction also involved the resolution of thorny environmental issues affecting the acquired property with the Alaska Department of Environmental Conservation.

Sale of Adjacent Parcels for Vancouver Business Center Expansion

Represented shopping center developer in the sale of three adjacent parcels for retail development as part of the Birtcher Business Center in Vancouver, Washington. The first transaction closed in 2017 with Goodwill Industries of the Columbia-Willamette, which constructed a Goodwill retail outlet store on the site. The second and third transactions closed in 2018 and 2019 with Hurley Development, which is developing the sites as a retail shopping center adjacent to the nearby Goodwill and Walmart anchor stores.

Acquisition of Organic Herb Farm

Herb Pharm is a grower and producer of organic herbs. The company purchased its original farm, still in operation, from the founders of the company.

Acquisition of Property Leased to Restaurant Chain

Represented client in acquisition of commercial property leased to prominent restaurant chain at a premier regional shopping center in Fredericksburg, Virginia.

Sale of 90 Acres of Undeveloped Property in Oceanside, CA

Assisted client to complete the sale of 90 acres of undeveloped real property in Oceanside, CA, the last remaining large undeveloped coastal parcel between Camp Pendleton and the Mexican border. The client's family had tried unsuccessfully to sell the property for over 40 years. The current tenant of the property became obligated to purchase the property but instead filed litigation against the seller to delay the sale or create leverage. After foreclosure of the tenant's interests in the property, a third party buyer ultimately purchased the property for about 97% of the tenant's purchase price while also reimbursing the tenant's lender and funding a nuisance settlement with the tenant.

Development of Massachusetts Senior Living Facilities

Represented seniors housing client in the formation of a joint venture with a Massachusetts developer to acquire a partial interest in a real estate sale agreement, and the acquisition of a portion of the property for the development of two assisted living facilities. The real estate transaction involved the subdivision of the property, creation of easements and other rights to the lots not acquired by the client, and the imposition of historical preservation and affordable housing covenants on the property as a condition of development. Also assisted the joint venture to obtain construction financing.

Site Certificate for Oregon Wind Facility

Represented client to obtain a site certificate from the Oregon Energy Facility Siting Council to construct a 500 MW wind energy facility in Morrow and Umatilla Counties. The project faced stiff opposition from Umatilla County, some local landowners and a local anti-wind coalition. The project presented unique issues related to energy transmission, as the available corridors to connect the project to the interstate transmission grid were constrained and presented considerable development challenges. After a five-year process, including a contested case before an administrative hearings officer that was resolved by a successful motion for summary judgment over the opposition of the Department of Energy, the Council issued a site certificate authorizing construction of the facility.

Sale of Public Park Site and Trail Easement

Represented residential subdivision developer in the sale of a public park site and a trail easement to local parks district. The parties had been unable to agree on a price or reimbursement of development costs, resulting in a complicated and drawn-out arbitration process. Assisted the client in negotiating a final purchase price and other terms to prevent need to complete the arbitration.

Purchase of Restaurant Development Site in Shopping Center

Represented client in the purchase of the site of a prominent national chain restaurant under construction in Fresno, California. The property was part of an existing shopping center with an extensive and complicated title history. Tonkon Torp handled real estate evaluation, lease review and resolution of title issues on an expedited basis, as the agreement gave buyer less than three weeks to complete all due diligence.

Land Use Approvals for 187-Unit Subdivision

Represented client in obtaining land use approvals for a 187-unit subdivision near Gresham, followed by the simultaneous acquisition of the land and the sale of the land and the land use approvals to a prominent national developer. The transaction required precise coordination of the two transactions and fast resolution of last-minute title issues in the face of a closing deadline that the seller would not agree to extend.

Coronado California Retail Property Sale

Represented a family trust in the sale of a $5.2 million commercial property, including the historic Village Theater, on the main commercial strip of downtown Coronado, California. The transaction involved the acquisition of fee title to a portion of the property ground leased from another trust, and the subsequent sale of the entire property. The transaction also posed complicated environmental issues due to the property's former use as a dry cleaners, but with Tonkon Torp's help the buyer was persuaded not to reduce its offered price due to environmental issues.

Hotel Purchase, Sale, Financing, and 1031 Exchange

Represented hotel investor in sale of two Seattle area hotels and acquisition of a replacement hotel in a reverse 1031 exchange while simultaneously refinancing secured debt.

Land Use Permit for Retail Fueling Stations

Successfully represented big box retailer in obtaining changes to City of Beaverton land use code to permit fueling station at site of existing store, and then obtaining conditional use permit for fueling station under revised regulations. Also obtained approval of fueling station at City of Tigard store over appeal by neighboring gas station owner.

Design of Riverwalk

Negotiated option for easement to Metro to design and possibly construct a "Riverwalk" public access route across PGE's hydroelectric facility to a viewing platform at Willamette Falls. The proposed Riverwalk is part of a redevelopment of Oregon City's industrial waterfront. The option from PGE unlocked significant redevelopment funds to Metro from the state of Oregon.

New Corporate Headquarters Campus

Represented Yakima Products, Inc. on all aspects of its purchase of an 89,000 square foot office building and 13-acre campus in Lake Oswego, Oregon for its new corporate headquarters. Advised client regarding potential land use and redevelopment issues. Also negotiated a lease termination agreement with Yakima's prior landlord.

Acquisition of Land For Commercial Development

Represented client to negotiate an option to acquire bare land for development as part of a regional commercial center in Lynden, Washington, and to subsequently exercise the option and close on the property. The transaction required amendment of existing CC&Rs and a Development Agreement with the City, as well as negotiation of a complicated consent from an existing anchor tenant.

Family Real Estate Reorganization

Represented prominent landowning family regarding organization and restructuring of extensive real estate holdings in San Diego area following death of family patriarch.

Seniors Housing Secured Financing

Ongoing representation of several national and regional independent and assisted living owners in complex financing transactions, including securitization and defeasance transactions.

Sale of Historic Building

Represented the owner of an entire block of downtown Portland in the sale of the block as part of a 1031 tax-deferred exchange, thereby facilitating two other purchase transactions in Portland and Salem for the client.

Native American Senior Living Facility

Represented Oregon tribe in the negotiation of a long-term ground lease of tribe property for operation of senior living facility serving tribal members.

Public School Solar Rooftops

Represented public utility in the negotiation of license agreements for the installation of solar facilities on several Portland area school buildings.

1031 Exchange For Estate of Deceased Out-of-State Taxpayer

Represented client and his estate in the sale of investment property and the purchase of new investment property in a 1031 tax deferred exchange. The transaction presented unique tax and real estate issues due to the death of the client during the 1031 exchange period. Also, the new property required evaluation of environmental issues due to its former use as a gas station.

Acquisition of Nonprofit Religious Corporation

Represented nonprofit religious corporation in acquisition of assets of second nonprofit religious corporation, including church property and charter school lease, and refinancing of existing debt.

Land Use Appeal

Successfully overturned an Oregon county's approval of a rezoning that would retroactively authorize over 20 years of zoning code violations, to the detriment of neighboring property owners.

Acquisition of Hickory Spring Foam Manufacturing Facility

Represented FXI, Inc., a manufacturer of innovative foam technology headquartered in Media, Pennsylvania, in its acquisition of the Hickory Spring foam manufacturing facility located in NE Portland.

Eastern Oregon Wind Projects and Land Use Appeal

Aided developer in obtaining conditional use permit for a 104 megawatt wind energy facility in eastern Oregon, and successfully defended the permit on appeal. Assisted same developer in obtaining permit from Oregon Energy Facility Siting Council for 500MW wind project.

​Costco

Handles Oregon land use matters for Costco, including successful efforts to obtain approval for new Costco warehouses in Roseburg and Central Point, Oregon, and to construct gasoline stations at Costco's existing warehouses in Beaverton and Tigard, Oregon.

​Portland Area Apartment Development

Represents the developer of a 132-unit apartment project in Happy Valley, a suburb of Portland, on real estate and land use matters.

​Reorganization Financing

Faced with an immovable deadline and less than two weeks to document the transaction, David helped a large grocery store chain obtain $45 million in new financing secured by over 30 owned or leased properties in southern Oregon and northern California. With this financing, the grocer was able to emerge from Chapter 11 bankruptcy in record time and keep its stores open in many small and remote communities with few or no other grocery options.

​Eastern Oregon Wind Projects

Served as Oregon counsel in the acquisition by a private equity firm of five utility-scale wind projects under development, for sale of electricity to a prominent Idaho utility.

​Sunwest

David had primary responsibility for the real estate aspects of the $1.2 billion sale of 146 senior housing facilities to Blackstone Real Estate Advisors, arising out of the collapse and bankruptcy of Sunwest, the nation's largest privately-held senior housing provider. The Sunwest bankruptcy was unprecedented in size, scope, and complexity in the State of Oregon. The real estate sale was a significant factor in obtaining sizeable recoveries for Sunwest's creditors and investors.
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Featured Work

Pandemic No Match for Tonkon Torp Real Estate Practice

In March, many pending commercial real estate deals were scuttled by COVID-19. But for one deal that was close to the finish line, Tonkon Torp helped implement a simple but unusual solution to overcome the uncertainty caused by rapid market disruption and complete a multi-million dollar deal led by Real Estate & Land Use Practice Group Chair David Petersen.

Tonkon Torp Guides Unique Renewable Energy Project Through Key Phases

Tonkon Torp has worked on the project at key stages throughout its lifespan. Led by David Petersen, the firm first helped the original developer obtain land rights and evaluate title issues. In 2013, the developer and Tonkon Torp began a four-year process to secure the project’s site certificate from the Oregon Energy Facility Siting Council.

Tonkon Torp Crosses the Finish Line with a Fast Moving Real Estate Transaction

Tonkon Torp completed a sophisticated, fast-moving real estate transaction for a client that involved a time-sensitive obligation to purchase, a shaky tenant, and pending litigation. The transaction was led by partner David Petersen, who chairs the firm’s Real Estate & Land Use Practice Group.

Albina Head Start Turns on First Solar-Powered Building with Assist from Tonkon Torp

When Albina Head Start learned it was awarded a Blue Sky Fund grant to install a rooftop solar array on one of its buildings, it turned to its long-time pro bono legal partner, Tonkon Torp. The nonprofit organization knew that it would need legal guidance to ensure that it could meet the terms laid out in the grant’s detailed and binding Memo of Understanding.

Tonkon Torp Obtains First-of-its-Kind Site Certificate for Oregon Wind Facility

After obtaining land rights for a 500 megawatt wind energy facility, Tonkon Torp helped Wheatridge file and process the first wind energy project presented to the Siting Council without a specific transmission corridor identified. Find details and more featured cases here.

Solar Project Sale Shines Light on Tonkon Team

Tonkon Torp represented our long-standing client, Obsidian Renewables, in sale of the Black Cap Solar II project to PSEG Solar Source, a New Jersey-based utility. Find details and more featured cases here.

Tonkon Facilitates Sale of Iconic Coronado Theatre

Tonkon Torp represented one of the sellers in the $5.2 million sale of the historic Vintage Village Theatre in Coronado, California. Find details and more featured cases here.

Yakima Products Acquires New Headquarters Campus with Help from Tonkon Torp

Tonkon Torp’s real estate and land use team completed a time-sensitive transaction that enabled the fast-growing Yakima Products, Inc., to acquire its new corporate headquarters in Lake Oswego, Oregon. Find details and more featured cases here.

Tonkon Torp Helps Human Solutions Secure New Family Shelter Site

Tonkon Torp is proud to have helped Human Solutions navigate a complex financing project to transform a shuttered commercial property into an emergency 24/7 family housing shelter. Find details and more featured cases here.

Diverse Team Aids Greenbrier in Joint Venture

Tonkon Torp acted as Oregon corporate counsel for its long-term client The Greenbrier Companies, Inc. in finalizing a 50/50 joint venture with Watco Companies, L.L.C. The venture combines the two companies’ railcar repair, refurbishment and maintenance businesses into a new organization, GBW Railcar Services, LLC.

Tonkon Torp Leads Oregon Grocery Chain Out of Bankruptcy

In one of the quickest and most successful conclusions of a grocery chain bankruptcy proceeding, Tonkon Torp secured court approval of a reorganization plan for C&K Market, Inc., to emerge from Chapter 11 bankruptcy just seven months after filing. Find details and more featured cases here.

"Burn To Learn" Training Clears the Way for Residential Development

Attorneys David Petersen, Ted Herzog, and Duncan Delano recently provided the legal horsepower for a new, seven-lot rural residential development to be known as Trillium Estates on Chehalem Mountain. The property originally included one structure, which was slated for removal prior to development of the new parcels. Rather than the mundane bulldozing of the house, the client allowed the Newberg Fire Department to burn it down in a “burn to learn” training exercise.

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Community Involvement & Activities


Community Services, Inc.
Board of Trustees, Chairperson

Court Appointed Special Advocates (CASA) for Children of Multnomah, Washington & Columbia Counties
Volunteer CASA
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Professional Memberships

Multnomah Bar Association
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Awards & Recognition

The Best Lawyers in America

The Best Lawyers in America

2013-2021, Energy Law
2013-2021, Land Use & Zoning
2013-2021, Real Estate Law
Chambers USA: America’s Leading Lawyers

Chambers USA: America’s Leading Lawyers

2020, Real Estate
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Recent News

8.20.2020

Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List

Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
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5.14.2020

Tonkon Torp Holds Pandemic Primer Webinar for Oregon Cannabis Businesses

Tonkon Torp hosted a webinar to help guide cannabis businesses through the unique challenges that the cannabis industry faces due to COVID-19. The panel featured attorneys Danica Hibpshman, Jessica Morgan, Ferdie Ruplin, and David Petersen. Alex…
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4.27.2020

Chambers USA Names 20 Tonkon Torp Attorneys in 2020 Ranking

Chambers USA: America's Leading Lawyers for Business has recognized 20 Tonkon Torp attorneys in seven practice areas in its 2020 USA Guide. Eighteen of the Tonkon Torp attorneys named have been previously ranked by Chambers.
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8.15.2019

2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys

Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
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6.24.2019

Tonkon Torp Attorneys Author Real Estate Guide for Chambers USA

Four partners from the Tonkon Torp Real Estate & Land Use Practice Group authored the 2019 Chambers USA Regional Real Estate Guide for Oregon. The attorneys who contributed to the guide are Ted Herzog, David J. Petersen, Kimberlee Stafford, and…
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10.22.2018

David Petersen Talks CLT on Business of Portland Podcast

On October 9, Tonkon Torp partner David Petersen was a guest on the "Business of Portland" podcast produced by Pamplin Media. He spoke with hosts Joseph Gallivan and Stephanie Basalyga about cross-laminated timber (CLT), its prospects for new…
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8.17.2018

Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List

Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
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7.10.2018

Tonkon Torp Hosts Program on Tax Reform Implications for Real Estate

Tonkon Torp hosted a social hour and program to highlight key implications of the 2017 federal tax overhaul for real estate investors. David Petersen covered the key components of tax reform that apply to real estate investors. Michael Millender…
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6.26.2018

David Petersen Joins Wilson Junior Baseball Board of Directors

Tonkon Torp attorney David Petersen has joined the Board of Directors for Wilson Junior Baseball as the league's President. The nonprofit group organizes competitive baseball for middle school students to help them prepare to play baseball for Wilson…
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8.16.2017

Best Lawyers in America® Names 49 Tonkon Torp Attorneys to 2018 List

Forty-nine Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2018. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years…
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Recent Alerts

4.3.2020

Commercial Real Estate in the Age of Coronavirus

The coronavirus (COVID-19) pandemic has brought a whirlwind of changes to how business is done in Oregon and across the country, and commercial real estate is no different. Enough time has passed, however, that a pattern of prominent issues has begun…
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2.17.2017

Important Deadlines Loom for Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland's new Renter Protection Ordinance. The Portland City…
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11.7.2013

New Legal Developments in California's Booming Renewable Energy Market

Renewable energy advocates have many reasons to cheer recent legal developments in California. First, Governor Jerry Brown signed a quartet of renewable energy-related bills into law. Second, the California Public Utilities Commission recently…
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7.25.2013

U.S. Supreme Court Issues Significant Land Use Decision Benefiting Developers

In a 5-4 decision last month in Koontz v. St. Johns River Water Management District, the U.S. Supreme Court made a new contribution to constitutional land use law that could significantly impact the balance of power between developers and local…
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7.18.2013

Faster Permitting for Infrastructure Projects May Be On Tap in Pacific Northwest

Secretary of the Interior Sally Jewell and the states of Oregon and Washington have signed a declaration creating the Pacific Northwest Regional Infrastructure (PNRI) team. The PNRI team will work to streamline the permitting process for…
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8.10.2011

Federal Incentives for Commercial Buildings to Go Green

Cutting down on energy costs is beneficial for companies long term, but making the upfront investment to cut those costs can be significant. However, some little-known federal incentives may help with the cost of transitioning your building into an…
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2.4.2010

Oregon Legislature Hears Proposals To Modify The Business Energy Tax Credit

The 2010 special session of the Oregon Legislature began this week, and the House Revenue Committee wasted no time in holding a hearing on proposed revisions to the Business Energy Tax Credit ("BETC") that is available to projects in the conservation…
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6.13.2007

Supreme Court Allows Superfund Cleanup Cost Recovery

On June 11, 2007, in U.S. v Atlantic Research Corp., the United States Supreme Court solved a portion of the puzzle that has confounded so-called potentially responsible parties (PRPs) since the Court's decision in Cooper Industries, Inc. v Aviall…
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5.29.2007

Deadline Extended for Resolution of Certain Measure 37 Claims

On May 10, 2007, Governor Kulongoski signed House Bill 3546, which extends the time period for government entities to decide certain Measure 37 claims from 180 to 540 days.
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11.7.2006

Deadline to File Certain Measure 37 Claims is December 2, 2006

Oregon's Ballot Measure 37 (now codified as ORS 197.352) took effect on December 2, 2004.
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Publications & Presentations


Panelist, "A Pandemic Primer for Cannabis Businesses – Unique Challenges for a Unique Industry," April 2020

"Things to Think About for Commercial Cannabis Leases in Oregon," Portland Business Journal, September 2019

"USA Regional Real Estate Guide – Oregon," Chambers and Partners, May 2019

"Cross-Laminated Timber (CLT) – Prospects and Risks," Business of Portland podcast, Pamplin Media Group, October 2018

"Tax Cuts and Jobs Act – Selected Real Estate Impacts," June 2018

"Family Shelter – From Vice to Nice: A Case Study," February 2016

"Requiring Utilities to Buy Solar Power Under PURPA," Solar Now! University, June 2014

"Title Insurance and Survey Review: What You Need to Know" and "Step-by-Step Through the Purchase Contract," Handling Real Estate Transactions with Confidence, National Business Institute, December 2013
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Services

Real Estate & Land Use Law Energy Law & Litigation Environmental & Natural Resources Nonprofit Organizations Sustainability Law Cannabis Industry
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Education

J.D., University of California, Berkeley, School of Law, 1998, Order of the Coif, Recipient, Jamison Award: Excellence in Scholarship and Advocacy

B.A., magna cum laude, Syracuse University, 1991
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Bar & Court Admissions

Oregon State Bar
State Bar of California
U.S. District Courts, Central, Eastern, and Northern Districts of California
U.S. Court of Appeals, 9th Circuit
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