Susan K. Eggum

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Law Practice

Susan Eggum is a trial lawyer with more than 27 years of experience.  After graduating from Georgetown University Law School and serving on one of Georgetown's law review boards, she was recruited to join the Litigation Department of Stoel Rives Boley Jones & Grey.  At Stoel Rives, Susan supported senior trial attorneys litigating securities, commercial and legal malpractice cases.  In her fourth year at Stoel Rives, Susan was recruited by several firms, and elected to join McEwen Gisvold LLP, where she became a Partner and continued to handle securities, commercial and legal malpractice cases.

In December 1990, Susan opened her own firm where she continued to litigate a variety of legal malpractice claims involving a range of practice areas, including business transactions, underlying employment law claims and securities transactions, to name a few. 

Susan additionally began in 1991 to bring contingent fee employment law claims, including  claims for sexual harassment, sexual assault, wrongful discharge, age discrimination, and other claims.  Since that time, Susan has been asked by individuals and entities throughout Oregon to defend a variety of employment law claims in the state and federal courts.

Employment Litigation - Representing entities and individuals in both bringing and defending actions in state and federal courts arising out of age discrimination, sexual harassment, breach of contract, wrongful discharge, and breach of duty of loyalty.

Susan just completed a successful defense of a preliminary injunction action brought by Canon U.S.A. against Joe Burke, a key new hire by Ventex Corporation.  Canon U.S.A. relied on a multi-state proprietary information and non-compete agreement signed by Burke.  Based in San Jose California, Ventex competes with Canon U.S.A. in the servicing of Canon steppers, a high precision, high cost technology that prints circuit boards.  While employed by Canon U.S.A., Burke gained the expertise to service and maintain Canon steppers.  Within 18 business days of the Canon U.S.A. suit being filed, Susan, with the support of Julie Smith, filed a motion for partial summary judgment dismissing all claims for breach of the covenant not to compete.  The motion argued for the rejection of the parties' New York choice of law provision, contending that California had the most significant interest in the dispute.  While that motion was pending, the matter was settled, with Canon U.S.A. dismissing its suit with prejudice.

Susan recently represented a multi-billion dollar manufacturer of products sold in the Americas in connection with a suit against a former executive for breach of the duty of loyalty, breach of contract and conversion.  That suit drew a variety of counterclaims including alleged violations of ERISA, the Oregon wage and hour laws, and Section 1981, which bars discrimination on the basis of race.  The case was resolved in December 2008.  Click on Daimler Trucks client testimonial.   Any result we acheive for one client does not indicate similar results can be obtained for other clients.

In December 2008, Susan also received a unanimous decision from the Oregon Court of Appeals affirming the trial court's entry of a $241,000 judgment in favor of a victim of discriminatory retaliation. Wilmoth v. Ann Sacks Tile and Stone, Inc. and Kohler Co., Ct App Case No. A127861.  At the more than two week trial, the claims were vigorously defended by a team of Jackson Lewis lawyers. The trial court found in favor of Wilmoth's statutory claim of retaliation, and awarded back lost wages, a permanent injunction against Kohler Co., and all successors and affiliates. Kohler now seeks review by the Oregon Supreme Court.

In light of Susan's significant experience in litigating and trying employment matters, KGW Channel 8 News sought her opinion concerning Portland's Former Police Chief Derrick Foxworth's announcement, by Foxworth's attorney, of an intention to sue for race discrimination.  Click here to see the interview.

Business and Commercial Litigation - Handling a variety of business and commercial litigation matters, including business fraud, interference with prospective economic relations, breach of fiduciary duty, windups and accountings, and breach of contract. Susan handled the defense of Broken Top Partners II, LLC in a suit filed in the Deschutes County Circuit Court by certain convertible equity members of the Broken Top Club, an exclusive first class golf club and facility located in Bend, Oregon.

During 2005 and 2006, Susan was asked to defend numerous Section 1983 claims, including First Amendment retaliation and defamation claims, filed in the U.S. District Court for the District of Oregon, by a former Oregon State Bar Board of Governors member against the Oregon State Bar, the then current President of the Oregon State Bar, two past Presidents of the Bar, a past member of the Bar's Board of Governors, and three members of the Staff of the Bar.  Following discovery and briefing on summary judgment, all of the claims against the Oregon State Bar and each individual defendant were dismissed with prejudice, along with a sanctions award against plaintiff.  The plaintiff petitioned the U.S. Supreme Court for certiorari, which the high court denied.

Also, Susan was asked to defend a class action in the Multnomah County Circuit Court arising out of a large Oregon commercial real estate transaction burdened by several complexities.  CVK's senior commercial litigation partner, David P. Morrison, actively participated in that defense.  David and appellate expert, Thom Brown, moved for summary judgment against the proposed plaintiffs' claims.  The motion was granted in whole on January 26, 2009.

Tort Litigation - Susan filed a civil damages action on behalf of Susan Kuhnhausen against Michael Kuhnhausen, Sr., her estranged ex-husband, who pled guilty to solicitation to murder her.  In defense of her own life during the attack by Edward Haffey, Ms. Kuhnhausen strangled Haffey to death.  For her injuries and emotional stress damages incurred in defending for her own life, Ms. Kuhnhausen sought $1 million in damages against Michael Kuhnhausen, Sr., currently serving an 8 year prison sentence.  KATU Channel 2 interviewed Ms. Eggum about the civil damages action.  Watch KATU interview.  Associate, Paul Berg, and Ms. Eggum tried the civil damages case.  The jury, after a deliberation of no more than 25 minutes, awarded Ms. Kuhnhausen $1 million in emotional distress damages.  View KGW coverage and Ms. Kuhnhausen's testimony.

Legal Malpractice Litigation - Representing covered parties, including major Portland law firms, in actions in state and federal courts arising out of legal malpractice, breach of fiduciary duty and breach of contract.  Underlying actions include employment cases, business litigation cases and securities fraud.

In September of 2008, Susan completed a jury trial in the Circuit Court of the State of Oregon defending a claim of legal malpractice against a well known and well regarded Portland, Oregon law firm.  At the close of plaintiff's evidence, the court dismissed the action for insufficient evidence to satisfy the elements of the case-within-a-case doctrine.

Education & Bar Admissions

Susan received her bachelor's degree at the University of California at Berkeley (B.A., with highest honors, 1976; M.A. with honors, 1977), Phi Beta Kappa, and her law degree from Georgetown University Law Center in 1982.  She was an Editor, 1981-1982, of the Georgetown Journal of Law & Policy in International Business.

Susan was admitted to the Oregon State Bar in 1982, the United States District Court of Oregon in 1983, the Ninth Circuit Court of Appeals in 1983, and the United States Supreme Court in 1988.  She has also received an AV rating by the Martindale-Hubbell National Law Directory (highest rating available).

Professional Activities

Since 1991,  Susan has been asked more than 52 times by Federal, State and local bar associations to teach new and experienced lawyers litigation and trial skills, and has been the author or co-author of seven publications.

Additionally, after serving several years as a Master member of the Executive Committee of the Owen M. Panner American Inn of Court, Susan was asked to serve a two-year term as its President.  The American Inn of Court is a national organization formed for the purpose of improving and refining the skills and legal ethics of trial lawyers and members of the state and federal bench.  Susan's two-year term as President ended May 2004.

Susan will serve as an editor for a new Oregon State Bar publication entitled Oregon Evidence Code With Objections.  The publication concept grew out of a program sponsored by the National Institute for Trial Advocacy in Colorado.  Previously, she was asked by the Oregon State Bar to serve on a four person editorial board to oversee the drafting of the 2009 Supplement to the Federal Civil Litigation In Oregon manual, including supplementing Chapter 22, Trial Practice, a chapter she previously co-authored with Michael Simon of Perkins Coie.  Susan was also asked by the Oregon State Bar to draft a 2008 supplement to Chapter 7, Problems in The Formation Of Contracts, for the Contract Law in Oregon manual.   

Other professional memberships include:

Member, International Association of Defense Counsel

Fellow, Trial Lawyer Honorary Society of the Litigation Counsel of America

Member, Oregon State Bar Continuing Legal Education Committee, 1994 to 1997

Editorial Board, Oregon State Bar Litigation Journal, 1996 to 2005

Member, Oregon State Bar Federal Practice and Procedure Committee, 1991 to 1994

Editor, Federal Civil Litigation In Oregon, 1994 Edition, Oregon State Bar Continuing Legal Education

Chair, Multnomah County Continuing Legal Education Committee, 1991 to 1992

Member, Local Professional Responsibility Review Committee for Multnomah County, 1987 to 1990

Oregon State Bar Ad Hoc Committee on Specialization, 1986 to 1987

President, Multnomah County Young Lawyers Section, 1986

Recipient of Multnomah County Bar Association Young Lawyers Section 1985 Award of Merit

Speaking Engagements and Seminars

• “Hot Topics: The Latest Interpretations of Current Employment Law”
  Sterling Education Seminar, Portland Marriott Hotel, February , 2009
• “Investigating and Resolving Alleged Employee Misconduct”
  Seventh Annual Commerce Concepts Series, World Forestry Center, Portland, Oregon. October 15 , 2009
• “Employee Lawsuits: How To Avoid Them, What To Do When They Happen”
  Employment in 2008: Are you Ready? Seminar jointly sponsored by The Commerce Company, J.D. Bean & Associates and Cosgrave Vergeer Kester LLP, January 31 , 2008
• “Hiring and Firing”
  The Fundamentals of Employment Law, Multnomah Bar Association, September 18 , 2008
• “Risk Management and Litigation Strategies”
  Employment Practices Liability seminar jointly sponsored by AON Risk Services and Cosgrave Vergeer Kester LLP, June 3 , 2008

Publications

• “Covenants Not To Compete”
  Ask the Expert column, Portland Business Journal, June , 2009
• “IMEs For The Just Plain Nuts”
  Ask the Expert column, Portland Business Journal, October , 2009
• “Non-Compete Agreement Caveat”
  Ask the Expert column, Portland Business Journal, June , 2009
• “Oregon Evidence Code: Objections”
  Co-Editor, Oregon State Bar publication , 2009
• “Trade Secret Theft”
  Ask the Expert column, Portland Business Journal, August , 2009

Client Comments

"Although it is arguably risky for me to say so before the ** has ruled, I want to let you know that the expert testimony you gave in support of my client was without question the finest expert testimony I have seen in 33 years as a lawyer.  Everything about your presentation - your knowledge of the subject matter area, your ability to explain complicated matters in simple terms, your rapport, your unflappability on cross examination, etc. - was perfect.

I am thinking of changing my client intake criteria to count the ability to call you as an expert witness as a substantial favor of taking on the matter."

"I noted from your bill that you had written off a portion of your time devoted to the mediation.  I thought you did excellent work throughout and while I appreciate the gesture, I believe you should be paid for all of your good efforts.  Again, I very much appreciate your excellent efforts on our firm's behalf."

"Cosgrave is lucky to have someone of your skill and professionalism."

"For the almost two years that you worked on this case, I was continually impressed by your incredible capacity for noticing and attending to the most minute details, as well as your high ethical and professional standards. To my knowledge, you never once wavered in your concentration, your positive attitude or your confidence in either me or our case. Your support during the difficult depositions, your thoughtful consultation during the pretrial preparations, and your excellent guidance during the settlement negotiations, were all invaluable to our ultimate success."

"I called a few moments ago to tell you how great it is to work with you.....your evaluation letter for _____'s case is your typical EXCEPTIONAL work product, Susan."

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