William T. Patton

Shareholder | Portland | 503.778.2015 | pattonw@lanepowell.com

Areas of Practice

Bill Patton focuses his practice in the areas of employee benefits and ERISA litigation. He has successfully represented employers, employee benefit plans, ERISA fiduciaries, plan administrators, and plan participants in a wide range of actions, including:  benefit claims under retirement plans, severance pay plans, and life, health and disability plans (self-funded and insured); breach of fiduciary duty claims; claims for equitable relief under ERISA Section 502(a)(3); disputes between plans and service providers; withdrawal liability and delinquent contribution claims; benefit discrimination and other employment-related claims under ERISA Section 510; disputes with the Department of Labor and the IRS; claims involving ERISA-prohibited transactions with plan assets; and claims that the employer has failed to comply with ERISA-mandated administrative procedures, such as filing annual reports or providing employees with summary plan descriptions.

Bill is well-versed on ERISA litigation issues, including ERISA standard of review, ERISA preemption and removal of claims to federal court, recovery of attorneys’ fees and costs, and the availability of punitive or other damages. In addition, Bill has an active employment law practice focusing on non-compete and non-solicitation agreements and claims under the Trade Secrets Act. Bill also has substantial appellate law experience, having successfully represented clients before the U.S. Court of Appeals for the Ninth Circuit and the Oregon Court of Appeals in a variety of matters

Professional Experience

• Law Clerk, Oregon Department of Justice Trial Division (1996)
• Law Clerk, U.S. Attorney’s Office, Homicide Section (1995-1996)
• Judicial Extern, Hon. Robert E. Jones, U.S. District Judge (1995)

Admitted to Practice

• Oregon
• U. S. District Court, District of Oregon
• Ninth Circuit Court of Appeals

Academics

• The George Washington University Law School (J.D., 1997)
  • Honors, Legal Research & Writing
• Occidental College (A.B., cum laude, Political Science, 1993)
  • Phi Beta Kappa

Practice Group and Specialty Team Memberships

• ERISA Litigation
• Litigation

Representative Matters and Clients

• Toohey v. Wyndham Worldwide Corp., and Cigna Corp., — F. Supp. 2d — (D. Or. 2009) (obtained dismissal of plaintiffs’ state law contract and tort claims in a $2.5 million ERISA benefits case)
• Daul and Grube v. Iberdola Renewables, Inc., 2008 WL 4283262 (D. Or. 2008) (obtained dismissal of former executives’ claim for benefits under special severance plan; also successfully argued that the claims were preempted by ERISA)
• Barnes v. Unum Life Ins. Co. of America, 621 F. Supp. 2d 1097 (D. Or. 2009) (obtained summary judgment for ERISA plan administrator)
• Slackman v. Life Ins. Co. No. America, 2009 WL 197441 (D. Or. 2009) (obtained summary judgment for ERISA plan administrator)
• Hansen v. Unum Provident Corp., 2008 WL 696249 (D. Or. 2008) (obtained summary judgment for plan administrator)
• Huntsinger v. The Shaw Group, Inc., UnumProvident, Corp., et al., — F.Supp.2d —, (D. Or. 2006) (ERISA litigation; obtained summary judgment on plaintiff’s claims for breach of fiduciary duty, denial of benefits, interference with attainment of benefits, and ERISA penalties)
• Brown v. Brown, 206 Or.App. 239, 136 P.3d 745 (Or. App.), review denied, 341 Or. 449 (2006) (trust dispute; obtained favorable result on appeal for trustee/personal representative in dispute involving $1 million in stock in a closely-held corporation)
• Teplick v. Boeing Long-Term Disability Plan (obtained judgment in favor of plan in ERISA action where standard of review was de novo)
• Greenlee v. Prudential Insurance Co. of America (obtained summary judgment in dispute involving a $2 million individual life insurance policy)
• Wilson v. Prudential Insurance co. of America (ERISA litigation; obtained summary judgment in favor of plan administrator)
• Stark v. Rosco Laboratories, Inc. Long-Term Disability Plan (ERISA litigation; defeated plaintiff’s breach of fiduciary duty claim and request for preliminary injunction)
• Eberspecher v. Prudential Property and Casualty Insurance Co. (summary judgment granted in breach of contract and bad faith action seeking $1.4 million in structured settlement proceeds)

Publications

• “Subpoenas and Discovery from Third Parties,” 2 Federal Civil Litigation in Oregon, chapter 19, 2009
• “Posttrial Matters,” 2 Oregon Civil Litigation Manual, chapter 31, Oregon State Bar Continuing Legal Educcation, 2004 (Co-Author)
• “Third-Party Practice,” 1 Oregon Civil Pleading and Practice chapter 14, 2001
• “Joint Tortfeasors,” 1 Torts, chapter 15, 2000
• “Preventing Terrorist Fundraising in the United States,” 30 George Washington Journal of Int’l Law & Economics 501, 1997

Professional and Community Activities

• Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society, 2009
• Co-chair, Board of Directors, Equity Foundation
• Basic Rights Oregon, Legal Advisory Group
• Volunteer Attorney, American Civil Liberties Union of Oregon
• Member, Board of Directors, Listen to Kids
• Fellow, Litigation Counsel of America