Oregon Commercial Litigation Lawyer

Commercial Litigation Lawyer Oregon – Pacific Northwest

Business disputes are expensive, disruptive, and high-stakes. Whether you’re a company defending against unfounded claims or a business owner who has been defrauded by a partner, vendor, or competitor, you need a litigator who has actually tried cases — and won.

Kothari Law represents businesses and individuals in complex commercial litigation across Oregon, Washington, and the broader Pacific Northwest. Vivek Kothari has tried commercial cases to verdict in state and federal court, including a trade secrets trial that resulted in a $12 million jury award for his client. He has also successfully defended a high-profile entrepreneur against billions of dollars in securities fraud and breach of fiduciary duty claims — a case that ended with the plaintiffs withdrawing every claim and issuing a public apology.

If your business is facing serious litigation, contact our firm for a free consultation.

Why Choose Kothari Law for Commercial Litigation in Oregon?

A Trial Lawyer Who Has Actually Tried Cases

Many commercial litigators settle every case. Vivek Kothari prepares every matter as if it will go to trial — because sometimes it should. Opposing counsel knows the difference between a lawyer who will fight and one who won’t. That reputation shapes how cases resolve.

Before founding Kothari Law, Vivek served as a federal prosecutor with the U.S. Department of Justice, where he handled complex fraud and public corruption investigations. That background gives him skills that translate directly to commercial disputes: building a factual record under pressure, cross-examining witnesses, presenting complex evidence to lay fact-finders, and anticipating what the other side will do before they do it.

Proven Results in High-Stakes Commercial Matters

Our firm’s commercial litigation results include:

A $12 million jury verdict in a trade secrets case following a full trial on the merits.
Successful defense of a Portland entrepreneur against securities fraud and breach of fiduciary duty claims brought by a group of institutional investors. The Multnomah County Circuit Court dismissed the securities claims at the earliest opportunity. The investors ultimately withdrew all remaining claims and issued a public statement praising the client’s leadership and business acumen.

Admitted in Oregon, Washington, California, and New York

Vivek holds bar admissions in Oregon, California, New York, and Georgia, with active commercial litigation experience in Oregon state courts, the U.S. District Court for the District of Oregon, and federal courts in California. For Pacific Northwest businesses with multi-jurisdictional exposure, that breadth of licensure matters.

Recognition

Vivek Kothari has been recognized in Best Lawyers in America for 2021 and 2024. He was also a finalist for U.S. Attorney for Oregon. He maintains membership in the Federal Bar Association, the Anti-Fraud Coalition, and the Oregon State Bar.

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“Working with Vivek was a great experience! He was knowledgeable, thorough and responsive, ensuring alignment with expectations every step of the process. During a difficult time, he gave me confidence and consistently demonstrated that he had my best interest in mind in achieving a fair outcome.” — Scott Lindsay

Read more reviews on our Google Business Profile.

Types of Commercial Litigation We Handle

We represent businesses, business owners, executives, and individuals in the following categories of commercial disputes:

Breach of contract. Contract disputes are the most common form of commercial litigation in Oregon. We represent clients on both sides — companies seeking to enforce agreements and those defending against inflated or improper claims. We litigate cases involving services agreements, asset purchase agreements, licensing deals, construction contracts, commercial leases, and more.
Business torts. When a competitor, partner, or former employee has harmed your business through improper means, you may have claims beyond breach of contract. We handle claims for interference with business relations, intentional interference with economic advantage, negligent misrepresentation, and related torts recognized under Oregon law.
Fraud and fraudulent inducement. If you entered into a transaction based on false representations — a business acquisition, investment, partnership, or commercial deal — you may have fraud claims even when no written contract was breached. We investigate, develop, and litigate fraud claims in Oregon and federal court.
Trade secrets. Misappropriation of trade secrets is one of the most damaging forms of business wrongdoing, often committed by departing employees or competitors seeking a shortcut. Oregon’s adoption of the Uniform Trade Secrets Act and the federal Defend Trade Secrets Act provide meaningful remedies, including injunctive relief and damages. We have tried trade secrets cases to verdict.
Securities fraud and breach of fiduciary duty. We represent executives, founders, and business owners who have been sued by investors or former partners alleging fraud or breach of duty. We also represent investors and minority shareholders who have been wronged by those in control of a company. These cases often involve overlapping state and federal claims and require a litigator comfortable with complex financial and corporate governance issues.
Partnership and shareholder disputes. Disputes between business owners — whether in an LLC, partnership, or closely held corporation — are among the most contentious and personal forms of commercial litigation. We handle dissolution actions, claims for breach of fiduciary duty among partners, disputes over distributions and management authority, and related matters.
Business dissolution and wind-down disputes. When a business ends badly, litigation often follows. We represent parties in disputes over asset allocation, departing partner obligations, non-compete enforcement, and related claims arising from the breakup of a business relationship.

Commercial Litigation in Oregon: What You Should Know

Oregon Court Structure and Venue

Most Oregon commercial cases are filed in the Oregon Circuit Courts, which are the state’s general trial courts. Multnomah County Circuit Court, located in Portland, handles a large volume of the state’s significant commercial litigation. Cases involving federal law claims, parties from different states, or damages exceeding $75,000 may also be litigated in the U.S. District Court for the District of Oregon.

We are experienced in both venues and handle cases throughout the state, including Portland, Eugene, Salem, Bend, and the broader Pacific Northwest.

Breach of Fiduciary Duty in Partnerships and Closely Held Businesses

Partners, LLC members, and corporate directors owe fiduciary duties to each other and to the business — duties of loyalty, care, and good faith that cannot simply be contracted away. When those duties are breached, the consequences can be severe: assets stripped, opportunities diverted, minority owners squeezed out, and businesses destroyed from the inside.

Oregon’s partnership statutes impose fiduciary obligations on general partners and, in many circumstances, on LLC members and managers as well. General partners owe duties of loyalty and care to the partnership and to co-partners. Those duties include accounting for and holding as trustee any property, profit, or benefit derived from the conduct of partnership business — and refraining from dealing with the partnership in a way that adversely affects the interests of the other partners. Similar obligations apply in the LLC context.

In practice, breach of fiduciary duty claims in the partnership context arise most commonly when one partner diverts business opportunities to a competing venture, uses partnership assets or relationships for personal gain, excludes a co-owner from decision-making or distributions, or engineers a buyout on unfair terms. These situations often involve a power imbalance — one partner controls the books, the banking relationships, or the key customer contacts — and the wronged partner may not discover what has happened until significant damage has already been done.

Remedies for breach of fiduciary duty in Oregon can include disgorgement of improperly obtained profits, compensatory damages, an accounting of partnership assets, injunctive relief, and — in cases of particularly egregious conduct — punitive damages. Attorney fee awards may also be available depending on how the claims are structured. We evaluate the full range of available remedies in every partnership dispute we handle and pursue the approach most likely to produce a complete recovery.

The Defend Trade Secrets Act

Federal trade secrets claims under the Defend Trade Secrets Act (DTSA) can be filed in federal court regardless of the parties’ home states. The DTSA provides for ex parte seizure orders in appropriate cases — a powerful tool when a former employee or competitor has taken proprietary information and must be stopped immediately. We are experienced in obtaining and defending against emergency relief in trade secrets matters.

Statute of Limitations

Commercial claims are subject to varying statutes of limitations under Oregon law. Breach of written contract claims generally carry a six-year limitations period. Fraud claims must be brought within two years of discovery. Trade secrets claims under Oregon law must be filed within three years of the date the misappropriation was discovered or reasonably should have been discovered. If you believe you have a commercial claim, time is a factor. Consult with a commercial litigation attorney before that window closes.

Litigation Costs and Fee Arrangements

We offer flexible fee arrangements depending on the nature of the matter, including hourly, contingency, and hybrid structures. Many of our commercial fraud and business tort cases are handled on a contingency or partial contingency basis, meaning our fee is tied to the outcome. We discuss fee options candidly during the initial consultation so that you can make an informed decision about how to proceed.

Settlement vs. Trial

Most commercial cases settle before trial — but the terms of any settlement depend heavily on how well the case has been developed. Companies facing well-prepared litigation assess their risk differently than those facing adversaries who are not ready to try the case. We build every matter with trial in mind, which consistently produces better outcomes whether or not the case ultimately goes to a jury.

Contact Kothari Law

If your business is facing litigation — or if you’ve been harmed by fraud, breach of contract, trade secret misappropriation, or a partner’s misconduct — we want to hear from you.

Vivek Kothari personally evaluates every potential matter. We represent clients across Oregon and Washington, with particular depth in Portland, the Willamette Valley, and the broader Pacific Northwest.

Contact our firm to schedule a free consultation.