Gary Berne

Attorney & Founder

Telephone: (503) 227-1600
Fax: (503) 227-6840
209 SW Oak Street, Suite 500
Portland, Oregon 97204
gberne@stollberne.com
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A founding member of the firm, Gary represents clients in a variety of matters ranging from investment fraud and lawyer and accountant malpractice to insurance coverage claims, will contests, trust disputes, and class actions. He represents clients in both state and federal courts, and many of his cases involve securities, shareholder, partnership, antitrust, or elder abuse claims. Gary has assisted the Oregon Law Center in class actions for forestry and farm workers and represented the Columbia River Tribes in preserving their treaty rights to live along the Columbia River.

Gary serves as an arbitrator for the American Arbitration Association, the Financial Industry Regulatory Authority, and the Arbitration Service of Portland, and acts as a mediator in all types of commercial disputes. Gary also serves as a Court Appointed Special Advocate (CASA).

University of Pennsylvania, J.D., 1977

University of Pennsylvania, B.A., cum laude, 1972

Oregon State Bar, 1977

U.S. District Court, Oregon

U.S. Court of Appeals, Ninth Circuit

U.S. Supreme Court

Stoll Berne
Attorney & Founder, 1977-present

Oregon State Bar
Procedure and Practice Committee, 1991-1993
Securities Section, Executive Committee, 1987-1989

Oregon Trial Lawyers Association
Business Litigation Section, chair, 1989

Campaign for Equal Justice
Executive Board, 1996-2000

Court Appointed Special Advocate (CASA)

“Why Not,” College Scholarship Fund

Gary has written extensively about securities litigation, corporate governance, professional standards for lawyers, accountants, and the financial industry, trial practice, arbitration, and federal practice.

Gary has spoken about securities litigation, corporate governance, professional standards for lawyers, accountants and the financial industry, arbitration and mediation, trial practice, and federal practice.

Practice Areas Representative Cases Articles News Awards

Practice Areas

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.

Lawyer, Accountant & Professional Malpractice

We represent clients in disputes with attorneys, accountants, auditors, insurance brokers, stock brokers, real estate professionals, and many other professionals.

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.

Trust & Estate Litigation

We represent clients involved in trust and estate litigation in a wide range of disputes including self-dealing and mismanagement of assets, business dealings and investment strategies, undue influence and lack of capacity, and accountings.

Representative Cases

Melridge Securities Litigation

Robert Stoll, Gary Berne, and Steve Larson obtained an $88 million jury verdict, on behalf of investors in a class action for violations of the federal securities laws.

In re Assisted Living Concepts Securities Litigation

The firm recovered $43.5 million on behalf of investors in Assisted Living Concepts in a nationwide securities class action arising out of accounting for related party transactions.

In re Southern Pacific Funding Corp. Securities

Stoll Berne attorneys Gary Berne and Tim DeJong obtained more than $20 million in total settlements on behalf of shareholders of Southern Pacific Funding Corp. (SPFC) in a securities class action arising out of the mortgage securitization company's accounting for residual securities interests.

Representation of Victims of Financial Fraud

Gary Berne has represented victims of financial fraud in individual cases and class actions, ranging from claims against brokerage firms to matters involving derivative securities, real estate, TICs, annuities, tax shelters, and offshore scams.

Melridge Securities Litigation

Robert Stoll, Gary Berne, and Steve Larson obtained an $88 million jury verdict, on behalf of investors in a class action for violations of the federal securities laws.

Representation of Victims of Financial Fraud

In re Protected Person

Stoll Berne attorneys Gary Berne and Jennifer Wagner represented the court-appointed conservator for a protected person in connection with civil claims arising out of a “sweetheart scam” through which a group of people who were criminally convicted stole in excess of $15 million from an Oregon family.

Melridge Securities Litigation

Robert Stoll, Gary Berne, and Steve Larson obtained an $88 million jury verdict, on behalf of investors in a class action for violations of the federal securities laws.

In re Assisted Living Concepts Securities Litigation

The firm recovered $43.5 million on behalf of investors in Assisted Living Concepts in a nationwide securities class action arising out of accounting for related party transactions.

In re Southern Pacific Funding Corp. Securities

Representation of Victims of Financial Fraud

Family Trust Litigation

Gary Berne and Josh Ross represented three adult beneficiaries of a family trust to successfully defeat attempts by a successor trustee to amend the trust in ways that would have harmed our clients' interests.

Non-Profit Representation of Undue Influence by Caretaker

In 2009, Stoll Berne attorneys Gary Berne and Jen Wagner received a favorable judgment in a will contest trial.

Articles

March 11, 2016 – “How Portland Professionals Can Do More for Kids in Need,” Portland Business Journal

Local attorneys Jim Finn and Gary Berne make the case in this co-authored guest column to serve as a Court Appointed Special Advocate.

September 2015 – “Arbitrator’s Discretion to Consider Issues,” OSB in Brief

Gary Berne’s article alerts Oregon lawyers to an important case about arbitration agreements. One of the parties thought there was a specific agreement to arbitrate a single issue.

November 2014 – “Parting Thoughts. The Elephant on the Crimson Trace,” Oregon State Bar Bulletin

In this Oregon State Bar Bulletin column, Gary Berne discusses the recent case Crimson Trace Corp. v. Davis Wright Tremaine LLP, 335 Or 476 (May 30, 2014) and its impact on whether clients have a right to know about discussions within a law firm when lawyers are discussing whether they have committed malpractice.

Fall 2014 – “Accrual of Legal Malpractice Claims: It May Be Sooner Than You Think,” OSB Litigation Journal

It’s a rainy Thursday morning in May, and you are meeting with a new client…

August 4, 2014 – “Liability Shields for Lawyers: Do Recent Oregon Mediation Act and Attorney-Client Privilege Cases Demand Greater Disclosure to Clients,” Gary Berne

“A strict interpretation of the Oregon mediation statutes and evidence code trumps ethical considerations and gives protection to lawyers who have been sued for malpractice. That is the message from two recent Oregon appellate decisions on mediation confidentiality and attorney-client privilege. But the flip side is that the courts may have opened up a Pandora’s […]

October 31, 2008 – “Repeated Cases of Negligence Spurred the Financial Crisis,” Portland Business Journal

Real estate speculation, excess liquidity and deregulation get a lot of the blame for our current economic crisis. The normal cycles have been magnified because those in positions of power in business, accounting and government failed to enforce existing regulations……

Winter 2008 – “Claims Against Bad Brokers – Pursuing the Predators,” Trial Lawyer Magazine

“Claims Against Bad Brokers – Pursuing the Predators,” first appeared in the Winter 2008 issue of Trial Lawyer Magazine, the quarterly journal of the Oregon Trial Lawyers Association. Article is written by Gary M. Berne and Yoona Park.

News

Sixteen Stoll Berne Attorneys Listed in The Best Lawyers in America 2021

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©2021 as well as four Shareholders, Steven Berman, Timothy DeJong, Keith Ketterling, and Steve Larson, named as Portland, Oregon’s Lawyers of the Year.

Stoll Berne Recognized by Chambers USA for 2020

Stoll Berne has been recognized by the Chambers USA 2020 Guide as a top (Band 1) General Commercial Litigation – Oregon firm as well as seven individual lawyers ranked in both General Commercial Litigation and Real Estate.

Stoll Berne Files Amicus Brief to Pause In-Person Immigration Court Proceedings

Stoll Berne filed a friend of the court (amicus) brief on Monday, March 30, 2020 on behalf of Former Federal Immigration Judges and Members of the Board of Immigration Appeals in support of

Ten Stoll Berne Attorneys Listed in the 2020 Edition of Benchmark Litigation

Stoll Berne, along with 10 individual attorneys, were recently selected to be included in the 2020 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 2020

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©2020 as well as three Shareholders named as Portland, Oregon’s Lawyers of the Year.

Oregon Super Lawyers 2019 Recognizes Stoll Berne Lawyers

Eleven individual Stoll Berne attorneys have been recognized by Super Lawyers Magazine in their 2019 Oregon Super Lawyers edition.

Stoll Berne Recognized by Chambers USA for 2019

Stoll Berne has been recognized by the Chambers USA 2019 Guide as a top (Band 1) General Commercial Litigation – Oregon firm. Chambers states that Stoll Berne “…features a deep bench of high-quality practitioners.”

Eleven Stoll Berne Attorneys Listed in the 2019 Edition of Benchmark Litigation

Eleven Stoll Berne attorneys were recently selected to be included in the 2019 edition of Benchmark Litigation, a definitive source for America’s leading litigation firms and attorneys. Our award recipients include:

Fifteen Stoll Berne Attorneys Listed in The Best Lawyers in America 2019

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©2019 as well as two Shareholders named as Portland, Oregon’s Lawyers of the Year.

Oregon Super Lawyers 2018 Recognizes Stoll Berne Lawyers

Thirteen individual Stoll Berne attorneys have been recognized by Super Lawyers Magazine in their 2018 Oregon Super Lawyers edition.

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Awards

Benchmark Litigation
2015-2020

Chambers USA
2017-2020

Martindale Hubbell
AV* Rated

Oregon Super Lawyers
2006-2020
Oregon Top Rated, 2019

The Best Lawyers in America®
2006-2021
Lawyer of the Year, Portland: Mass Tort, 2019
Lawyer of the Year, Portland: Bet-the-Company Litigation, 2018 & 2014
Lawyer of the Year, Portland: Litigation-Securities, 2016 & 2013

Gary Berne

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