Austin Rainwater

Representative Complex Commercial and Class Action Engagements

• Representing grocery store chains in consumer class action alleging unfair trade practices in connection with pricing of meat products. Defeated class action through two early pre-discovery dismissal motions
• Defending Oregon-based virtual receptionist company in nationwide consumer class action alleging improper fees and billing practices
• Representing CEO of Pacific Northwest company in arbitration dispute over employment agreement
• Defending paratransit company in wage and hour class action litigation involving the application of rest and meal breaks. Defeated plaintiffs' motion for class certification, leaving only individual claims remaining in lawsuit
• Representing widow of former CEO of jewelry company in dispute over estate and artwork
• Defending SaaS consulting company in indemnity action seeking to compel client to arbitration. Defeated petition to compel arbitration and secured preliminary ruling
• Represented Canadian mining company in dispute over Oregon properties it recently acquired
• Represented inventor of exercise product in arbitration dispute over patent royalties owed by major exercise equipment manufacturer. Secured recovery of past-due and future patent royalty payments
• Represented aircraft manufacturer in a US$10 million contract and unjust enrichment lawsuit. Won early dismissal of all claims and award of all attorneys' fees incurred defending the matter
• Defended online real estate company in a lawsuit alleging breach of contract and misappropriation of trade secrets claims
• Represented landowner in a trespass and property damage dispute involving major repair and reconstruction to private industrial overpass. Obtained early recovery of all damages and significant portion of attorneys' fees prior to litigation
• Defended a payroll services company in class action litigation involving the application of fees in connection with a paycard product. Secured plaintiff's voluntary dismissal of all claims based on strength of early dismissal motion

Representative Securities Litigation Engagements

• Defending real estate developer in state securities actions filed by investors in former project
• Represented former board members and shareholders of medical technology company in shareholder action challenging company's acquisition. Secured dismissal of all of plaintiff's claims with prejudice through dismissal motion and summary judgment motion
• Defended environmental consulting company in action alleging failure to honor stock option agreements and wrongful termination. In response to early letter threatening counterclaims for trade secret violations, plaintiff agreed to voluntary dismissal of all claims and to pay company's damages and attorneys' fees
• Represented a limited partner relating to the alleged breach of fiduciary duties in connection with the sale of the partnership interest

Representative Product Liability Engagements

• Defended aircraft component manufacturer in action brought by aircraft engine manufacturer seeking indemnity for US$88.7 million jury verdict. Secured summary judgment dismissal of all claims
• Represented aircraft manufacturer in litigation arising out of the crash of British Airways flight at Heathrow International Airport
• Conducted multi-month internal investigation on behalf of electronics manufacturer conducted in three countries and involving the application of both foreign and domestic laws
• Defended fuel control manufacturer in action arising from helicopter crash in Brazil. Secured summary judgment dismissal of all claims
• Represented industrial manufacturer in a toxic exposure case involving claims of severe respiratory injury and permanent disability
• Represented battery manufacturer in action alleging battery caused fire that burned down office complex. Secured voluntary dismissal of all claims after winning discovery motion resulting in sanctions against plaintiff's counsel
• Defended trade association in dental malpractice claim. Obtained dismissal of all claims with prejudice through early dismissal motion
• Represented Pacific Northwest wine manufacturer in action alleging claims under the Washington Product Liability Act. Secured indemnity for all claims against client from component manufacturer
• Defended major Pacific Northwest manufacturer and landowner in an asbestos matter. Won summary judgment dismissal of all claims
• Represented manufacturer of sewage treatment components in a class action lawsuit involving product liability and Consumer Protection Act claims. Secured voluntary dismissal of all claims prior to class certification