Cosgrave Vergeer Kester LLP
attorneys

Susan K. Eggum

Susan K. Eggum

Partner

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 handle business and commercial litigation matters, as well as 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.

In June 2006, Susan merged her practice with the firm, where her business, tort and employment litigation practice has continued to grow.

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's appeal to the Oregon Supreme Court failed.

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

  • “Motions Practice in Tort Cases”
    MBA Young Lawyers Section Tort Law Seminar, April, 2010
  • “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
  • “Covenants Not To Compete in the Global Marketplace”
    Speaker, ALFA International, Half Moon Bay, California, 2007
  • “Direct Examination”
    Faculty Member, Ninth Annual Oregon Trial Advocacy College, Planned and Sponsored by the Oregon State Bar Continuing Legal Education Committee, 2007
  • “Balancing the Scales of Justice: Battles in the Courts”
    Speaker, Rebooting Democracy-Bus Project Summit, 2006
  • “Business Innovation and Law: Representing Oregon Small and Emerging Business ”
    Alternative Dispute Resolution, Sponsored by the University of Oregon, World Trade Center, 2006
  • “Cross Examination”
    Faculty Member, Eighth Annual Oregon Trial Advocacy College, Planned and Sponsored by Oregon State Bar Continuing Legal Education Committee, 2006
  • “Cross Examination Techniques”
    Speaker, Oregon Trial Lawyers Association's February meeting, 2006
  • “Retaliation Claims”
    Speaker, Oregon Law Institute Panel Presentation on "2005 Annual Employment Law Update", 2005
  • “Sexual Discrimination Claims in Oregon”
    Speaker, Employee and Employer Strategies From Grievance Through Trial, Oregon State Bar Labor & Employment Law Section, Annual Conference, 2005
  • “Trial Tips”
    Speaker, Mutlnomah Bar Association, Young Lawyers Section, Spring Young Litigators Series, 2005
  • “Depositions”
    Speaker, Multnomah Bar Association, Young Lawyers Section, Spring Young Litigators Series, 2004
  • “Direct Examination”
    Faculty Member, Fifth Annual Oregon Trial Advocacy College, Planned and Sponsored by Oregon State Bar Continuing Legal Education Committee, 2003
  • “Voir Dire”
    Faculty Member, Seventh Annual Oregon Trial Advocacy College, Planned and Sponsored by Oregon State Bar Continuing Legal Education Committee, 2002, 2004 and 2005
  • “Employment Law Advice & Litigation Update”
    Speaker, Oregon Law Institute panel presentation on "Advising Clients on Employment Law Issues In a Transitioning Economy!", 2002
  • “Medical Issues in Employment Litigation”
    Speaker, Oregon Law Institute seminar on "From The Experts: Presenting Medical Evidence In The Courtroom", 2002
  • “Employment Law Advice & Litigation Update”
    Oregon Law Institute panel presentation for "This Time It's Personnel", 2001
  • “Employment Law Issues For Workers' Compensation Lawyers”
    Oregon State Bar Workers' Compensation Section Meeting, 2001
  • “Pretrial Preparation”
    Co-presenter with the former Chief Justice of the Oregon Supreme Court, Edwin Peterson, for the Oregon State Bar, New Lawyers Division, on Trial Strategies, Practices and Techniques, 2001
  • “FRCP 12 Motions”
    Speaker, Federal Practice and Procedure Seminar, Federal Bar Association and Oregon Law Institute, 2000 and 2001
  • “Employment and Public Benefits”
    Oregon State Bar CLE on Representing Domestic Partners, 2000
  • “Critical Issues In Employment Law - Ethics Issues”
    Oregon State Bar Seminar, 1999
  • “Employment Law Issues For Workers' Compensation Lawyers”
    Oregon State Bar Workers' Compensation Section Meeting, 1999
  • “Evidence”
    Federal Practice and Procedure Seminar, Federal Bar Association and Oregon Law Institute, Lewis & Clark College, 1999
  • “Trade Secret Litigation: Using The Courts To Compete”
    Oregon Law Institute, 1999
  • “Employment Law For The Business Lawyer”
    Multnomah Bar Association, 1998
  • “Evidence”
    Federal Practice and Procedure Seminar, Federal Bar Association and Oregon Law Institute, Lewis & Clark College, 1998
  • “Federal Civil Litigation in Oregon”
    Lorman Business Seminar, 1998
  • “How To Mediate Efficiently and Effectively”
    Oregon Law Institute Seminar, panel presentation for "The Art of Mediating: A Work Session on Mediation", 1998
  • “Proving Damages In Business and Commercial Cases”
    Oregon State Bar Seminar, "Proving and Challenging Damages", 1998
  • “Case Within A Case Analysis In Legal Malpractice Actions”
    Oregon State Bar Professional Liability Fund, 1997
  • “Evidence”
    Federal Practice and Procedure Seminar, Lewis & Clark College, 1997
  • “Taking The Mystery Out Of Federal Practice”
    Multnomah Bar Association, 1997
  • “Evidence”
    Federal Bar Association Annual Convention, Portland, Oregon, 1996
  • “Trial Motions”
    (State and Federal Court) Lorman Business Seminar, 1996
  • “Distinctions Between State and Federal Practice”
    Second Annual Litigation Institute and Retreat, Oregon State Bar CLE and OSB Litigation Section, 1995
  • “Evidence”
    Federal Practice and Procedure Seminary, Federal Bar Association, 1995
  • “Trial Motions”
    (State and Federal Court) Lorman Business Seminar, 1995
  • “Differences In Federal and State Court”
    (Moderator)Federal Litigation Seminar, Oregon State Bar CLE, 1994
  • “Discovery In Federal and State Courts”
    Oregon Association of Legal Secretaries, Winter Board Meeting, 1994
  • “Effective Motion Practice”
    (State and Federal Court) Lorman Business Seminar, 1993
  • “Malpractice Issues Facing Accountants and Attorneys”
    Oregon State Bar/Oregon Society of Certified Public Accountants Joint Committee, 1993
  • “Post-Trial Motions”
    Multnomah Bar Association/YLS Luncheon, 1993
  • “Oregon Law Of Contracts”
    (Instructor)Portland State University, Professional Development Center, 1992
  • “ORICO”
    Oregon Association of Defense Counsel/OTLA Bench and Bar Breakfast, 1991
  • “Pleadings and Motion Practice”
    Federal Bar Association and Northwestern Law School of Lewis and Clark, 1991
  • “The Statute of Limitation Governing Section 10(b) Securities Fraud Claims”
    Oregon State Bar Securities Section, 1991
  • “Financial Fraud: Claims and Defenses”
    Multnomah Bar Association sponsored seminar, 1990
  • “Business Contracts”
    Clackamas Community College, 1989 and 1990

Publications

  • “Oregon's Erosion of the Non-Compete Agreement”
    IADC Committee Newsletter, June, 2010
  • “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
  • “When the Employee Owes Fiduciary Duties of Loyalty to the Employer”
    Oregon Business Magazine, September, 2008
  • “Is The Mere Giving Of A Tort Claim Notice The Equivalent Of Discovery Claim For Relief?”
    Litigation Journal, Oregon State Bar, 1998
  • “Should You Sue A Party Who You Have A Good Faith and Reasonable Believing Is Not Liable?”
    Litigation Journal, Oregon State Bar, 1998
  • “Trial Practice”
    Federal Civil Litigation in Oregon, Oregon Bar Continuing Legal Education, 1997
  • “What Showing Must A Plaintiff Make To Avoid Summary Judgment In An Age Discrimination Case?”
    Litigation Journal, Oregon State Bar, 1997
  • “Trial Notebooks”
    Civil Litigation Manual, Oregon Bar Continuing Legal Education Committee (Chapter 23), 1993 Edition
  • “Problems In The Formation Of Contracts”
    Contract Law in Oregon Edition, Oregon State Bar Continuing Legal Education Committee (Chapter 6)

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."
"I cannot say enough about how wonderful you are to work with. Keen intellect, tenacity, thorough. Willing to listen. Professional."

"I found [Ms. Eggum's] logic and rationale supporting a recommended course of action to be well thought and demonstrative of sound judgment. I recall one situation involving a national retailer, that was settled at pre-trial conference, wherein Ms. Eggum's discovery work was most thorough."

"I have sincerely appreciated your advice, immediate response to me, knowledge of the law and thorough explanations, and consideration. Your voice and humor calmed me; you were a great help."
"I know that [the opposing party] presented a unique and complicated set of problems . . . I always felt secure and protected. You are an excellent attorney."
"I have sincerely appreciated your advice, immediate response to me, knowledge of the law and thorough explanations, and consideration. Your voice and humor calmed me; you were a great help."
"I want to express my sincere appreciation for everything you have done in defending me against an alleged securities fraud. As I related to you, my prior very limited experience with the legal profession left something to be desired. There was never a question in my mind that your intelligent, diligent pursuit of my interests was paramount."
"I wanted to take a moment to reflect with you my feelings about this lawsuit, which fortunately ended on a high note. I am confident that without your efforts and interest in my case the outcome would have been much less favorable. I cannot thank you enough for your tenacious belief in my case and the outstanding legal representation which you provided me. You are truly a credit to your profession."
"I watched you take this case from start to finish. Your keen sense of judgment, tremendous legal ability, professionalism and moral compass made all the difference in the world. As I listened to Judge ________ during oral argument it became readily apparent that ___ felt the same way. . . We can't thank you enough. . . You were simply spectacular."

"I will sing your praises forever.  I can assure you that you are at the top of my list and that I will specifically make sure that others, including _________________, appreciate your ability to get results.  It is truly an incredible relief. . . Thank you for all you did and the professionalism with which you did it (particularly your ability to keep the fees down when the natural inclination would be otherwise -- a fact I appreciate in more than one way).  Respectfully and with great appreciation, thanks again."

"I would like to take this opportunity to thank you again for the result you have achieved in this difficult matter. You engineered a settlement on extremely attractive terms, with a relatively small expenditure of counsel fees. I consider it a privilege to have worked with you. You are indeed a credit to our profession."

"It is my sincere hope, especially in the light of how I view you as a tenacious and thorough litigator, to never find myself on the receiving end of one of your cases (or as an adverse witness for that matter). . . I am dutifully impressed with both the manner, as well as the method, in which you've handled the ______________case, and you can find me looking forward to the date when as a judge I will have an opportunity to preside in a case which finds you appearing as one of the litigators."
"Just received and reviewed your excellent handbook on Trial Objections.  It will become a permanent part of my trial briefcase.  Thanks for all your excellent and hard work."

"[Ms. Eggum] handled this matter promptly, courteously and professionally without adding salt to the wound. She did an exceptional job in getting this matter 'back on track' as fast as she did, and I feel that Ms. Eggum's personal rapport with the Federal Court judicial staff was a definite asset."

"Plaintiff's counsel is known in this community for her outstanding litigation skills." ($220,452.50 attorney fee award and opinion of the court)
"Please accept this inadequate gift to show my appreciation for your gallantry and intrepidity in my defense. I sincerely appreciate your steadfastness and unrelenting intellect."
"Super job . . . Thanks for all your great work on this case."
"Susan, I thank you for your stellar work in obtaining the summary judgment and keeping it on appeal. These were difficult and complex legal issues, and it took great skill to successfully persuade the court to see it our way. Thanks for your great work."

"Susan:  It was my extreme pleasure to meet you, and to have you in our corner (actually in the middle of the ring) for a number of hours.  I cannot but send to you my sincerest gratitude for your assistance.  Your presentation, legal knowledge, demeanor and forthrightness could not have been better."

"Thank you so much for all of your efforts. I know that reading and responding to the Plaintiff's submissions has not been a picnic, and I sincerely appreciate everything you have done to diligently defend this curious case."
"The outlook was very bleak when we first talked to you on March 15. The administrative remedies had been exhausted and a number of lawyers had told us that litigation would probably be a waste of time and money. During the next four weeks, it was a real thrill to watch you embrace the case with such intensity and determination. You did a marvelous job in assimilating scores of technical nuances, working with a varied cast of witnesses and adjusting to the stream of corrections and last-minute revelations. Your enthusiasm for the challenge, along with great intellectual and legal abilities, has resulted in a court injunction which has meant thousands of dollars each to many individual farmers, and millions collectively to the food industry of the Northwest."
"We really appreciate all of your determination and hard work on this case.  Also please thank Noreen and your team as well.  I hope you enjoy your win as much as we do.  I guess what I'm trying to say is you kicked the big boy's ***!!! Once again Susan, thanks."
"You were doing such a superb job [at the deposition].  I'm sure that she never really quite got what hit her, because you were being so polite and respectful.  Can't wait to hear how the rest of the deposition went."
"Your original analysis of the merits of the case, your ability to limit the scope of the charges, your preparation of grounds for a positive defense through laborious and brilliant development of depositions, as well as your expert drawing out of adverse admissions during cross examinations, from the [opposing parties] and their expert witness, Mr. __________, and the rock solid summation which left the jury little to do but find for the defense, are all examples of your professionalism and intelligent conduct in handling my case. Especially impressive was your obviously complete preparation for all phases of the proceedings manifested especially in the development of depositions as well as exhibits and during the trial with your direct and cross examination in open court. I commend you on the selection, preparation and courtroom examination of our expert witness, Mr. __________."
You're tireless.  After reading the docs, I'm speechless.  Very nice.
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