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Cody Berne

Attorney

Telephone: (503) 227-1600
Fax: (503) 227-6840
209 SW Oak Street, Suite 500
Portland, Oregon 97204
cberne@stollberne.com
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Cody Berne is a shareholder at Stoll Berne in Portland. Cody’s practice focuses on representing investors who lost money because of fraud and other misconduct, class actions, and business litigation. He is a member of the Public Investors Advocate Bar Association and the Oregon Trial Lawyers Association.

Cody previously worked as a deputy district attorney at the Multnomah County District Attorney’s Office where he tried over 30 trials to verdict. Before that, Cody represented individuals and businesses in cases involving investment fraud and a wide range of business disputes at a large Portland firm.

He received the Haglund Award in 2016 from the Multnomah Bar Association, was named a Future Star in Benchmark Litigation, named in The Best Lawyers in America from 2020-2023, and was named in Oregon Super Lawyers in 2022.

During law school, Cody interned for U.S. District Court Judge Kimberly Mueller and U.S. Magistrate Judge Carolyn Delaney. Elected to Order of the Coif, he received the Clinical Legal Education Association Award and a Witkin Award. Cody also represented clients as a law student at the Civil Rights Clinic and Prison Law Clinic and earned a Public Service Certificate.

Before law school, Cody worked as a police officer with the Portland Police Bureau and as a wildland firefighter.

Investor Blog

UC Davis School of Law, J.D., Order of the Coif, 2014

Pomona College, B.A., Politics, 2003

Oregon State Bar, 2014

U.S. District Court, Oregon

U.S. Court of Appeals, Ninth Circuit

Stoll Berne
Shareholder, 2022-present
Associate, 2017-2022

Multnomah County District Attorney
Deputy District Attorney, 2016-2017

Miller Nash Graham & Dunn LLP
Associate, 2014-2016

Hon. Kimberly Mueller (U.S. District Court, Eastern District of California)
Intern, 2012

Hon. Carolyn Delaney (U.S. District Court, Eastern District of California)
Intern, 2012

Portland Police Bureau
Police Officer, 2005-2011

Diamond Mountain Interagency Hotshots
Wildland Firefighter, 2004

FINRA
Arbitrator, 2020-present

Legal Aid Services of Oregon
Volunteer, Domestic Violence Project, 2015-2016

National Futures Association (NFA)
Arbitrator, 2021-present

Oregon State Bar
Antitrust Section, Member, 2019-present
Elder Law Section, Member, 2022-present
Securities Regulation Section, Member, 2017-present; Executive Committee, 2021-present

Oregon Trial Lawyers Association
Business Litigation Section, Co-Chair, 2021-present
Consumer Law Section Member, 2018-present
Legislative Committee Member, 2020-present

Public Investors Advocate Bar Association (PIABA)
Member

Rule Advisory Committee, Oregon Division of Financial Regulation
Member, 2022

“Investor Blog,” Stoll Berne, 2020-present

“Clients Who Rely on Third Parties Risk Waiving Attorney-Client Privilege,” author, Oregon State Bar Litigation Journal, Summer 2021

“Costs, Disbursements, and Attorney Fees,” author, Oregon Civil Pleading and Litigation, 2020

“After the Supreme Court’s Decision in China Agritech, a Plaintiff Who Seeks to Represent a Class Should Not Wait to File,” Oregon State Bar Litigation Journal, Summer 2020

“Common Claims of Oregon Investors Who Are the Victims of Fraud or Other Financial Misconduct,” Stoll Berne, January 2019

“Contracts for the Sale of Goods,” co-author, OSB Legal Publications CLE, Damages, 2016

“Don’t Take Your Guns to Town,” Oregon State Bar Bulletin, October 2015

“Liabilities under State Statutory and Common Law: Blue Sky Laws,” 2014 Broker-Dealer Litigation Annual Survey, Securities Litigation Committee of the America Bar Association

“Red Flags in Investor Deals and for the Investors in Them,” Oregon State Bar Securities Regulation Section (December 2022)

“One Defendant, Two Cases: A Guide to Consumer Class Action Litigation Through a State and Federal Case Against Ruby Receptionists,” Oregon Trial Lawyers Association Consumer Protection Section (February 2022)

“How DMMs Can Help Clients and Lawyers Successfully Prosecute an Investor Fraud Case,” American Association of Daily Money Managers (October 2021)

“How Plaintiff’s Lawyers Evaluate an Investor Fraud Case,” Deschutes County Bar Association CLE, Bend, Oregon (March 2019)

Practice Areas Representative Cases Articles News Awards

Practice Areas

Antitrust Litigation

We represent United States and international companies and consumers in all aspects of antitrust litigation, including, price-fixing, customer allocation, market division, price discrimination, and unfair or deceptive trade practices.

Business Litigation

From everyday contract disputes to bet-the-company litigation, our litigation team works to understand each party's priorities and to create a solution that best serves you.

Class Actions

As Oregon's leading plaintiffs'-side class actions firm, we help our clients to level the playing field and find justice. We have earned our reputation and work hard for our clients.

Investor Lawsuits and Arbitrations

Stoll Berne is Oregon's premier securities litigation firm. We have represented as many or more investors in securities cases than any other firm in Oregon, and have recovered hundreds of millions of dollars for our clients.

Securities Litigation

Stoll Berne is Oregon's premier securities litigation firm. We have represented as many or more investors in securities and financial advisor fraud cases than any other firm in Oregon and have recovered hundreds of millions of dollars for our clients.

Representative Cases

Quiet Title Action

Cody Berne and Andy Davis represented a mortgage lending company in a quiet title action filed in Jackson County Circuit Court. The plaintiffs sought to quiet title in a residential property located in Medford, Oregon, and named the mortgage lending company in the lawsuit, even though the company had no interest in the property.

Wire Fraud in Connection with Contract for the Sale of Goods and Funds Transfers

Cody Berne represented a foreign corporation in a dispute involving goods that were manufactured for use in the energy industry. A third-party allegedly hacked into the email system of a parts manufacturer and redirected a payment for a specially manufactured part.

Book of Business Sale

Stoll Berne attorneys Cody Berne and Keil Mueller represented a Registered Investment Adviser (RIA) and an Investment Adviser Representative (IAR) in a dispute about the sale of a book of business and an RIA.

ESOP Shareholder Inspection Lawsuit

Stoll Berne represented participants in an Employee Stock Ownership Plan (ESOP) in a shareholder inspection lawsuit.

Investors Investment Recovery

Cody Berne and Josh Ross represented Southern Oregon investors who were seeking to recover their investments in a privately held consumer products company.

Receptionist Services Suit

Keith Dubanevich, Cody Berne, and their co-counsel represented a certified class of thousands of current and former customers of Ruby Receptionists, Inc. in McKenzie Law Firm P.A. et al. v. Ruby Receptionists, Inc., Case No. 3:18-cv-01921-SI (D. Or.).

Confidential Product and Design Subpoenas

Represented an Oregon-based manufacturer that was served with multiple third-party subpoenas sent by competitors.

Public Entity Competition

Rob Shlachter and Cody Berne advised a logistics and shipping company about legal issues arising in connection with possible competition by a public entity.

Title Company Trade Secret Dispute

Stoll Berne attorney Cody Berne represented a title company in a trade secret dispute involving allegations of theft of confidential records.

Kettle Foods Consumer Class Action

Stoll Berne attorneys Keith Dubanevich and Cody Berne, along with plaintiffs’ co-counsel The Keeton Firm LLC, represent a proposed consumer class for claims alleging that Kettle Foods uses deceptive and misleading practices with respect to its marketing and sale of its popular and widely distributed, Kettle Brand Chips.

Class Action Lawsuit Filed Against PacifiCorp and Pacific Power for Recent Oregon Fires

n September 30, 2020, Keller Rohrback L.L.P., Stoll Berne, and Nick Kahl, LLC, three Pacific Northwest law firms with decades of combined environmental law experience, filed a class action lawsuit against PacifiCorp and Pacific Power for the catastrophic damage to homes, businesses, and entire communities allegedly caused by the companies’ power lines and other equipment around Labor Day 2020.

Stoll Berne Investigating Claims Against Wink

Stoll Berne is investigating claims on behalf of customers who bought smart home hubs, products, and devices made by Wink, aka Wink Labs, Inc. in Oregon.

Receptionist Services Suit

Securities Class Action

Stoll Berne attorney Cody Berne represented a publicly traded company that provided human resources services and workers compensation coverage to businesses across the country in a federal court class action for securities fraud, a state court shareholder derivative suit, and an investigation by the SEC.

Stoll Berne Is Investigating the Use of Turnkey Asset Management Programs (TAMP) by Investment Advisers

Stoll Berne is investigating the use of Turnkey Asset Management Programs, often called TAMPs. We are interested in speaking with investors whose adviser or broker-dealer is using a TAMP as part of managing the investor’s account.

Class Action Lawsuit Filed Against PacifiCorp and Pacific Power for Recent Oregon Fires

Stoll Berne Investigating Claims Against Wink

Stoll Berne is investigating claims on behalf of customers who bought smart home hubs, products, and devices made by Wink, aka Wink Labs, Inc. in Oregon.

Community College Employment and Discrimination

Stoll Berne attorney Cody Berne represented a community college in an employment and disability discrimination lawsuit brought by a former instructor.

Confidential Product and Design Subpoenas

Represented an Oregon-based manufacturer that was served with multiple third-party subpoenas sent by competitors.

Title Company Trade Secret Dispute

Stoll Berne attorney Cody Berne represented a title company in a trade secret dispute involving allegations of theft of confidential records.

Stoll Berne Is Investigating the Use of Turnkey Asset Management Programs (TAMP) by Investment Advisers

Claims by Retirees Against Investment Advisers

Cody Berne represented a retired couple with claims against a Registered Investment Adviser and Investment Adviser Representatives arising from losses in managed retirement accounts caused by the advisers’ unsuitable trading strategy.

Individual Investor Action

Cody Berne represented an individual investor whose investment advisor disregarded the client’s investment objectives and put the client’s retirement savings in a high fee, poor performing portfolio of stocks.

Alternative Investment FINRA Action

Cody Berne represented an elderly, retired investor in a FINRA proceeding to recover money lost in an unsuitable alternative investment.

Investors Investment Recovery

Cody Berne and Josh Ross represented Southern Oregon investors who were seeking to recover their investments in a privately held consumer products company.

Retirement Savings Recovery

Cody Berne recovered retirement savings on behalf of an individual investor from an out of state real estate investment fund. The fund had violated the Oregon securities laws in selling membership interests and wrongfully withheld the investor's funds in violation of Oregon's financial elder abuse laws.

Quiet Title Action

Book of Business Sale

ESOP Shareholder Inspection Lawsuit

Stoll Berne represented participants in an Employee Stock Ownership Plan (ESOP) in a shareholder inspection lawsuit.

Securities Class Action

Hedge Fund Investors

In seeking to hold an Oregon-based hedge fund (and entities that participated and materially aided in securities sales by the hedge fund) liable for millions in investor loses, Stoll Berne attorney Cody Berne filed a lawsuit in state court on behalf of investors alleging securities fraud and elder abuse claims.

Articles

Summer 2021 – “Clients Who Rely on Third Parties Risk Waiving Attorney-Client Privilege,” Oregon State Bar Litigation Journal

Stoll Berne attorney Cody Berne wrote an article for the Oregon State Bar’s Litigation Journal, Summer 2021 edition.

Summer 2020 – “After the Supreme Court’s Decision in China Agritech, a Plaintiff Who Seeks to Represent a Class Should Not Wait to File,” Oregon State Bar Litigation Journal

Stoll Berne attorney Cody Berne authored an article in the Summer 2020 edition of the Oregon State Bar Litigation Journal.

January 2019 – “Common Claims of Oregon Investors Who Are the Victims of Fraud or Other Financial Misconduct,” Cody Berne, Stoll Berne

By Cody Berne With a years-long bull market possibly coming to an end, now is an important time to take a close look at your investments. Over the years, we […]

October 2015 – “Don’t Take Your Guns to Town,” Oregon State Bar Bulletin

Stoll Berne attorney Cody Berne authored an article in the October 2015 edition of the Oregon State Bar Bulletin.

News

Cody Berne Presents at Multnomah Bar Association CLE – March 14, 2023

Stoll Berne attorney Cody Berne will present at a Multnomah Bar Association CLE on March 14, 2023. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, will present on Investment Deals and Investor Litigation, A Conversation Between a Business Lawyer and a Litigator About Practicing Securities Law, from Noon-1:00 p.m. To learn more about the event, please visit the Multnomah Bar Association’s registration page.

Cody Berne Presents at OSB Securities Regulation Section CLE – December 8, 2022

Stoll Berne attorney Cody Berne presented at the Oregon State Bar Securities Regulation Section CLE on December 8, 2022, via Zoom. Cody, along with co-presenter Bryson Davis of PNW Business Law LLC, presented on Investment Red Flags from Noon-1:00 p.m.

Ten Stoll Berne Attorneys Listed in the 2023 Edition of Benchmark Litigation

Stoll Berne, along with 10 individual attorneys, were recently selected to be included in the 2023 edition of Benchmark Litigation, a definitive source for America’s leading litigation firms and attorneys.

Fifteen Stoll Berne Attorneys Listed in The Best Lawyers in America 2023

Stoll Berne is excited to announce that fifteen of our attorneys were recently selected by their peers for inclusion in The Best Lawyers in America 2023©.

Oregon Super Lawyers 2022 Recognizes Stoll Berne Lawyers

Thirteen individual Stoll Berne attorneys have been recognized by Super Lawyers Magazine in their 2022 Oregon Super Lawyers edition.

Stoll Berne Appointed Co-Lead Counsel in Massive GPB Ponzi Scheme Class Action

Stoll Berne was appointed co-lead counsel in a proposed class action pending in the United States District Court in Austin, Texas. The lawsuit asserts that GPB Capital Holdings, LLC partnered with Ascendant Capital, LLC (formerly an Austin, Texas based branch of Axiom Capital Management, Inc.) and Ascendant Alternative Strategies, LLC to perpetrate a nearly $2 billion Ponzi scheme, and that the misconduct was facilitated by auditors and other professionals.

Stoll Berne Elects Two New Shareholders

Stoll Berne recently elected two new shareholders, Lydia Anderson-Dana and Cody Berne. “We are thrilled to have them join the shareholders after years of dedicated service to clients and the firm. They both make excellent additions,” said Keith Dubanevich, a shareholder on the firm’s Management Committee.

Awards

Benchmark Litigation
2023, Future Star

Multnomah Bar Association
Haglund Award, 2016

Oregon Super Lawyers
2022, Rising Stars

The Best Lawyers in America®
2020-2023

Cody Berne

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