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Overview
Scott handles business disputes for clients at trial and on appeal. His areas of expertise include antitrust, labor and employment, energy, and tax law disputes. He also counsels businesses in labor and employment and antitrust compliance.
Clients rely on Scott to prosecute or defend critical "bet-the-company" business disputes. They also depend on Scott to advise them on cutting edge antitrust and labor and employment compliance issues.
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Get To Know
Scott is an avid traveler and hiker, whether roaming the capital cities of Europe or following a trail in one of our own national parks. Here he is at Ooh Aah Point on the South Kaibab Trail in the Grand Canyon.
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Featured Representative Matters
Evergreen Helicopters, Inc. v. Erickson Air-Crane Inc
USDC for the District of Oregon — Won partial summary judgment in case alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims, remaining claims settled to the parties' satisfaction.
Helicopter Transport Services, Inc. v. Erickson Air-Crane Inc.
USDC for the District of Oregon — Won partial summary judgment in case alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims, remaining claims settled to the parties' satisfaction.
Estey & Associates, Inc. v. McCulloch Corporation et al.
USDC for the District of Oregon — Won defense judgment against claims for conspiracy, monopolization, and price discrimination.
Chilton Air Cooled Engines, Inc. v. Omark Industries, Inc.
USDC for the Middle District of Tennessee — Won dismissal of all but one claim alleging various conspiracy and other trade regulation claims, remaining claim settled favorably to our client.
Continental Maritime, Inc. v. Northwest Marine Iron Works et al.
USDC for the Northern District of California — Won summary judgment, affirmed on appeal, against shipyard/union conspiracy claims regarding diversion of ship repair business.
Washburn v. Columbia Forest Products, Inc.
340 Or 469 (2006) Judgment for our employer-client was affirmed in a disability discrimination case asserting that Oregon employers have an obligation to accommodate medical marijuana use. The Oregon Supreme Court established for the first time that Oregon disability law takes mitigating measures into account to decide whether an employee is disabled and entitled to disability protection.
Public Power Council, Inc. v. Bonneville Power Administration
443 F. 3d 1204 (9th Cir. 2006) In an appeal by public utilities challenging a uniform rate adjustment implemented across all customer classes, the Ninth Circuit upheld the BPA action. It rejected arguments that the rate increases should have been imposed only on non-public, investor-owned utilities, including our client, Portland General Electric Company.
American Trucking Associations, Inc. v. Oregon Dept. of Transport
339 Or 554 (2005), cert. denied, 126 S.Ct. 2960 (2006) We represented the AAA Oregon/Idaho defending attacks by the American Trucking Associations against Oregon's heavy truck tax system. The Oregon Supreme Court held that the tax did not violate the Commerce Clause of the U.S. Constitution.
Nike, Inc. v. McCarthy
379 F. 3d 576 (9th Cir. 2004) The Ninth Circuit upheld an injunction entered in favor of our client, Nike, against an employee who tried to move to Nike competitor, Reebok. The court decided when a bona fide advancement occurs, an issue of first impression under Oregon law. The decision established a "totality of the circumstances" test favorable to employers who wish to bind employees to non-compete agreements upon promotion.
Indergard v. Georgia-Pacific Corporation
582 F.3d 1049 (9th Cir. 2009) Establishing standards for when a return to work performance test constitutes a medical examination subject to the requirements of the Americans with Disabilities Act.
Townsend v. Nike, Inc.
2007 WL 1493139 (9th Cir. 2007) Jury verdict in favor of our employer-client was affirmed in case alleging that Nike had failed to promote plaintiff because of his race.
Georgia-Pacific Gypsum LLC v. Teamsters Local 117 et al
USDC for the Western District of Washington — Won summary judgment vacating a labor arbitration award that had reinstated an employee terminated for failing a random drug test, under a collective bargaining agreement providing for termination for all failed drug tests.
McCall v. Dynic USA Corporation
138 Or. App. 1 (1995) Affirming summary judgment in a worker's compensation discrimination case on the ground that issue preclusion applied to a determination in a worker's compensation proceeding that plaintiff had been fired for refusing to perform work within her restrictions, rather than for discriminatory reasons.
Blackthorne v. Vanstar Corporation
USDC for the District of Oregon — Obtained summary judgment dismissing various claims with punitive damage potential, remaining claims settled favorably to our client.
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Featured Work
Tonkon Torp Looks Back at Wild Wild Rajneeshee Cases
The popular Netflix series, Wild Wild Country, has placed the compelling story of the Rajneeshee cult community back in the spotlight. Led by Bhagwan Shree Rajneesh and Ma Anand Sheela, the commune was active in Wasco County, Oregon during the early 1980s. Tonkon Torp attorneys were involved in three well-documented lawsuits that helped to halt the fraudulent actions of the Rajneeshees and restore assets to former members of the cult.
Tonkon Torp Guides Pacific Foods through Oregon’s Largest Acquisition of 2017
Tonkon Torp led Oregon's largest M&A transaction in 2017, the $700 million acquisition of Tualatin-based Pacific Foods of Oregon LLC by Campbell Investment Company. Pacific Foods is an iconic, nationally distributed organic food brand founded in 1987.
Fashion House Dooney & Bourke Wins with Tonkon Torp
Tonkon Torp trial attorneys Scott Seidman and Colin Geiger were victorious in defending Dooney & Bourke, Inc., in a wage claims trial in the U. S. District Court in Portland. 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.
Ninth Circuit Victory Assures Electricity Rate Stability
Representing Portland General Electric (PGE), Tonkon Torp appellate lawyers successfully argued for the Ninth Circuit U.S. Court of Appeals to uphold a settlement by the Bonneville Power Administration (BPA). Find details and more featured cases here.
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Community Involvement & Activities
Oregon State Bar
Antitrust Section Executive Committee – Past Member, Past Chair
Legal Services Program Committee – Past Member, Past Chair
Oregon State Bar Litigation Journal
Editorial Board, Past Member
American Bar Association
Antitrust Section – Internet Committee Member
YMCA of the Columbia-Willamette
Past Board of Management
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Professional Memberships
Multnomah Bar Association
Oregon Association of Defense Counsel
American Bar Association, Antitrust, Labor & Employment, Litigation Sections
Oregon Association of Defense Counsel
American Bar Association, Antitrust, Labor & Employment, Litigation Sections
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Awards & Recognition
The Best Lawyers in America
2013-2021, Commercial Litigation
2015-2021, Litigation – Labor & Employment Law
2015-2021, Litigation – Labor & Employment Law
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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…
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…
5.20.2019
Annual L&E Law Update Prepares Employers for the Ultimate Game
Attorneys from the Tonkon Torp Labor & Employment and Business Immigration practice groups hosted their annual Employment Law Update at the Oregon Zoo for 200 human resource professionals and other business leaders.
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
6.5.2018
Annual Labor & Employment Law Seminar Showcases HR Superpowers
On May 10, attorneys from the Tonkon Torp Labor & Employment and Business Immigration practice groups hosted their annual Employment Law Seminar at the Oregon Zoo for nearly 200 human resource professionals and other business leaders. The 2018…
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…
5.8.2017
Tonkon Torp Hosts 2017 Labor and Employment Law Seminar
On May 4, attorneys from the Tonkon Torp Labor & Employment and Business Immigration practice groups hosted their annual Employment Law Seminar at the Oregon Zoo for nearly 200 human resource professionals and other business leaders. The 2017 seminar…
8.15.2016
Best Lawyers in America® Names 44 Tonkon Torp Attorneys to 2017 List
Forty-four Tonkon Torp lawyers representing 38 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. Each attorney has been named to the list in past years, and nearly all have been recognized for more than five years…
5.18.2016
Tonkon Torp Hosts Annual Labor & Employment Law Seminar
On May 12, Tonkon Torp Labor & Employment Practice Group attorneys hosted their annual employment law seminar for human resource professionals and other business leaders. Over 200 attendees listened to Star Wars-themed presentations that covered…
8.18.2015
45 Tonkon Torp Attorneys Named Best Lawyers in America® 2016
Forty-five Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2016. All of them have been named to the list at least once before, and many of them have been recognized for a number of…
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Recent Alerts
5.8.2019
New Wage Reporting Obligations for Large Employers Delayed
The ruling in the case required the Office of Management and Budget to grant a three-year approval of a revised EEO-1 form that would add new equal employment opportunity information to what the EEOC already collected from employers.
3.18.2019
Large Employers Have New Wage Reporting Obligations to the EEOC
A new decision by the U.S. District Court for the District of Columbia has reinstated a requirement instituted by the EEOC in the last year of the Obama Administration for employers to report pay data. On July 14, 2016, the EEOC asked the Office of…
5.15.2017
Employer Cannot Fire Employees for Obscenity-Laced Facebook Posts During Union Organizing Campaign
Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v. Pier Sixty, LLC, a…
4.11.2017
Sexual Orientation Discrimination Claim Allowed Under Title VII
For more than 30 years, the federal Circuit Courts of Appeal have uniformly ruled that Title VII's prohibitions against discrimination based on "sex" do not cover claims for discrimination based on "sexual orientation." That has now changed. Last…
3.10.2017
Oregon Court Summarily Dismisses Manufacturing Establishment Overtime Claims
On March 9, 2017, a Multnomah County judge dismissed the claims asserted by a putative class of workers in the closely-watched case Mazahua Reyes, et al. v. Portland Specialty Baking, LLC. All Oregon non-exempt employees are entitled to overtime for…
11.19.2012
What Employers Can Learn from Petraeus's Downfall
We have all witnessed the instantaneous fall from grace of General David Petraeus, which snowballed from anonymous harassing emails sent to Tampa socialite Jill Kelley to implicating Petraeus's biographer Paula Broadwell to revealing the racy details…
8.28.2012
Sick Times in Seattle: A New Ordinance Provides Generous Leave for Seattle Employees
Beginning on September 1, 2012, a new law in Seattle will require certain employers to offer paid sick and safe time ("PSST") to employees who work within Seattle city limits. The Seattle Paid Sick and Safe Time Ordinance applies to all companies…
6.20.2012
IRS Issues Guidance on $2,500 Health Flexible Spending Account Limit
The IRS recently issued helpful guidance in Notice 2012-40 on the $2,500 annual limitation on salary reduction contributions to health flexible spending accounts ("FSAs"), effective beginning in 2013.
2.15.2012
New H-1B Filings Begin April 2
April 2 through 6, 2012, is the initial filing window for new H-1B petitions to be filed against the USCIS FY2013 H-1B quota if the H-1B quota availability is immediately exhausted. Employers should determine as soon as possible whether they have any…
12.29.2011
New Employment Laws Ring in the New Year
The Oregon legislature enacted a few employment laws this year which go into effect on January 1, 2012.
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Publications & Presentations
Scott has authored numerous articles on antitrust, litigation, and labor and employment issues and has spoken frequently at antitrust and labor and employment continuing legal education programs.