Tim Cunningham

Partner

Litigation is a communication contest, and I speak a language both courts and clients understand.

Tim Cunningham guides companies and individuals through complex litigation and appeals, focusing on providing practical advice tailored to the client's business goals.

Tim's broad experience ranges from individual arbitrations to securities class-actions, and his clients run the gamut from closely-held family businesses to Fortune 100 companies. He regularly represents publishers and platforms in intellectual property disputes or disputes with government, including cases at the leading edge of platforms' liability for third-party speech and the application of statutes to new technologies.

Practice Highlights

Closely-held company disputes

Represents both companies and owners in closely-held company disputes and claims for breach of fiduciary duty, litigating to satisfactory results, or, where appropriate, negotiating exits.

Platforms and government

Represented multiple platforms in proceedings before or lawsuits against state and local governments on issues of taxation, privacy and regulation.

Publishers and First Amendment

Supports publishers and speakers facing claims of copyright infringement or speech-based torts, utilizing anti-SLAPP laws where appropriate.

Oregon Bankers Association, et al. v. State of Oregon, et al.

Representing industry association in its challenge of four parts of the state of Oregon's 2020 HB 4204 Act for COVID-19 relief measures including mandatory deferrals for lenders. (D. Or., Ongoing)

Makaneole, et al. v. Solarworld Industries America, Inc., et al.

Defending solar power manufacturer in a succession liability class action with regards to unpaid wages (D. Or., Ongoing)

Marical v. Boeing Employees' Credit Union

Defended BECU in a putative consumer class action asserting claims of breach of contract and conversion, as well as violations of the Washington Consumer Protection Act, where plaintiff ‌‌alleged the credit union wrongfully charged overdraft and NSF fees in a misleading and unlawful way. Resolved on favorable terms after filing opposition to class certification. (King Cnty. (Wash.) Super. Ct.)

MCAG v. Epiq Systems, Inc.

In a case of first impression, obtained reversal of an order requiring the target of an arbitral summons to provide discovery in an arbitration hearing. 939 F.3d 1145 (11th Cir. 2019)

Perfectus Aluminum, Inc. v. Dupre Analytics et al.

Represented activist short-seller Muddy Waters against trade libel and other claims based on its reports that exposed fraud by a publicly-traded Chinese company. Granting our writ petition, the California Court of Appeal rejected application of the statute's "commercial speech" exception, ordered the trial court to dismiss the case, and awarded attorneys' fees under the state's anti-SLAPP law. (Cal. App. 2021) The California Supreme Court denied Perfectus's petition for review.

Admitted to Practice

Oregon, 2010
Washington, 2016
U.S. District Court, District of Oregon, 2011
U.S. Court of Appeals, 9th Circuit, 2011
U.S. Court of Appeals, 11th Circuit, 2017

Education

J.D., University of Michigan Law School, 2009, magna cum laude
- Order of the Coif
- Contributing Editor Volume 108; Associate Editor Volume 107 – University of Michigan Law Review
- Executive Board Member 2008-2009; Competitor 2007 – Henry M. Campbell Moot Court Competition
- Environmental Law Society
M.U.P., University of Michigan, 2009
B.A., Growth and Structure of Cities, Haverford College, 2000

Memberships & Affiliations

- Associate Committee, 2012-2019, Co-Chair 2016-2018 – Campaign for Equal Justice
- Attorney Volunteer, Oregon Appellate Pro Bono Project, 2012
- Multnomah Bar association Young Lawyers Pro Bono Committee, 2012-2013
- Volunteer Attorney, Outside In Legal Clinic, 2011-2019

Professional Recognition

- Named one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2021-present; in Appellate Practice, 2024-present
- Selected to "Oregon Rising Stars," Thomson Reuters, 2014-2020
- Campaign for Equal Justice Associate's Award, 2019

Background

- Law Clerk, Hon. Noel Anketell Kramer, District of Columbia Court of Appeals, Washington, D.C., 2010-2011
- Summer Clerk, Davis Wright Tremaine, Portland, Ore., 2008 and 2009
- Legal Intern, WaterWatch of Oregon, Portland, Ore., 2007