Bruce H. Cahn

Partner

101 SW Main Street, Suite 1100    
Portland, Oregon  97204  

t 503.944.6115  
f 503.295.1058

bcahn@balljanik.com

 

“Achieving success for our clients depends on a clear strategy for victory, intense preparation and skilled advocacy. Our ability, and willingness, to take each case to trial strengthens our hand at every stage of a dispute.”

Bruce Cahn is a trial and appellate lawyer whose practice is focused on sophisticated large-dollar commercial, business, and real estate disputes. He represents both plaintiffs and defendants in complex cases, including business torts, trademark infringement, fraudulent transfer claims, banking matters, construction cost overruns and condemnation of property. He represents clients in numerous industries including hospitality, transportation, construction, banking, financial services, natural resources and technology, and he represents governmental clients in a variety of matters. Mr. Cahn received the AV® Preeminent™ Rating from Martindale–Hubbell®. In 2013, Mr. Cahn was recognized as one of “Oregon’s Top Rated Lawyers” for Commercial Litigation by ALM Legal Leaders, a publication affiliated with Martindale-Hubbell®, The American Lawyer and Corporate Counsel magazine.

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“Achieving success for our clients depends on a clear strategy for victory, intense preparation and skilled advocacy. Our ability, and willingness, to take each case to trial strengthens our hand at every stage of a dispute.”

Bruce Cahn is a trial and appellate lawyer whose practice is focused on sophisticated large-dollar commercial, business, and real estate disputes. He represents both plaintiffs and defendants in complex cases, including business torts, trademark infringement, fraudulent transfer claims, banking matters, construction cost overruns and condemnation of property. He represents clients in numerous industries including hospitality, transportation, construction, banking, financial services, natural resources and technology, and he represents governmental clients in a variety of matters. Mr. Cahn received the AV® Preeminent™ Rating from Martindale–Hubbell®. In 2013, Mr. Cahn was recognized as one of “Oregon’s Top Rated Lawyers” for Commercial Litigation by ALM Legal Leaders, a publication affiliated with Martindale-Hubbell®, The American Lawyer and Corporate Counsel magazine.

Mr. Cahn was one of the primary attorneys involved in litigating the notable case, MAN AG v. Freightliner, LLC, which resulted in a favorable judgment for our client totaling $1.1 billion, the largest verdict in the United States in 2006. The award consisted of $850 million in compensatory damages and $350 million in punitive damages, which is one of the largest punitive damages awards in Oregon history.

Mr. Cahn’s litigation experience includes securities fraud and antitrust cases, large scale condemnation matters, natural resources litigation, as well as general business disputes. Prior to moving to Portland, Mr. Cahn was a member of the corporate practice group at Sidley & Austin (in its Los Angeles office), where he worked on mergers and acquisitions, securities offerings, film financing, and copyright and trademark licensing for the entertainment industry.

Mr. Cahn has authored a number of articles on a variety of litigation issues and has lectured on a wide range of legal topics, including construction law, real estate disputes, condemnation law and trial practices. He served on the Executive Committee of the Business Litigation Section of the Oregon State Bar from 2000 to 2009, and was the Committee Chair in 2008. Mr. Cahn serves on the Board of Directors of LifeWorks Northwest, a non-profit organization dedicated to promoting a healthy community by providing quality and culturally responsive mental health and addiction services across a person’s lifespan. He also is a volunteer coach for the Classroom Law Project, where he leads a “We the People” team at Central Catholic High School, a constitutional law team which engages high school students in a curriculum designed to foster understanding of the institutions of American democracy.

Mr. Cahn’s representative litigation experience includes:

  • Successfully defended a mobile technology company against a $650,000 lawsuit for claims of breach of contract, breach of warranty, and negligence regarding allegedly-defective touch-screen monitors for use in industrial vehicles. The case was settled for a fraction of the demand.
  • Successfully represented a development company in connection with the expulsion of an LLC member who was improperly competing against our client by using trade secrets and confidential information to benefit the member’s separate enterprise. Mr. Cahn settled the complex extraction of interests and all improperly taken electronic data and documents were returned.
  • Successfully represented a local school district in the acquisition of site for a new high school. This included filing condemnation actions to acquire the property and litigating the amount of compensation for the property. The resulting acquisition was within budget and was prosecuted to the satisfaction of our client.
  • Successfully defended a developer against a breach of contract claim brought by a general contractor for cost overruns on two hotel projects in Glendale, Arizona.
  • Successfully prosecuted a cost overrun and professional negligence action against the architect of two high rise luxury condominium buildings along the Willamette River, which resulted in a very favorable settlement for our client.
  • Successfully defended efforts by environmental groups to prevent, stall or delay fire salvage operations on federal timberlands for a timber client. This was part of a series of actions brought to prevent salvage harvest operations and the sale to our client was the only sale that was not delayed. This representation involved opposing numerous motions to stay operations at both the trial court and at the Ninth Circuit Court of Appeals, as well as arguing the merits of the challenges at the trial court.
  • Successfully challenged government regulations under the Magnuson-Stevens Fishery and Conservation Act that would have shut down recreational fishing for all grouper in the Gulf of Mexico. Received an order on an expedited basis significantly limiting the ban to a specific species of grouper and to a specific geographic area (20 miles off the western coast of Florida). This resulted in a significant victory for our client among recreational fishers throughout the Gulf area.
  • Successfully defended a commercial landlord in a complex breach of lease action concerning the exercise of a right of first refusal. Defeated a preliminary injunction request after a two-day evidentiary hearing in the Multnomah County Circuit Court.

Generally, throughout his career Mr. Cahn has:

  • Represented clients in business disputes, minority shareholder oppression matters, partnership and fraudulent transfer claims;
  • Assisted banks with troubled loans, complex commercial loans, lender liability claims and pool-purchase loans;
  • Represented clients on a number of intellectual property matters, including claims of trademark infringement; and
  • Represented governmental entities and private property owners in high profile condemnation proceedings related to public transportation and infrastructure projects.
  • Represented commercial landlords in disputes with tenants, including breach of lease claims and FED (eviction) actions.

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Education

J.D., 1990
Loyola University School of Law
     Member, St. Thomas More
       Law Honor Society
     Staff Member, International &
       Comparative Law Journal

B.A., Radio-Television Broadcasting, 1986
California State University, Northridge

Admissions

California
Oregon
Washington
U.S. District Courts of Oregon, Washington
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims

Honors

AV® Preeminent™ Rating from Martindale–Hubbell®.

 

Recognized as one of "Oregon's Top Rated Lawyers" in 2013 for Commercial Litigation by ALM Legal Leaders, affiliated with Martindale-Hubbell®, The American Lawyer & Corporate Counsel magazine.

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appellate experience