Kimberley Hanks McGair

Shareholder


Passionate and Practical Problem Solver

Kim is passionate about her clients and their litigation cases. She puts herself in her clients' shoes, stays there throughout the matter, and feels personally responsible for obtaining the best possible result for her clients, whether that's a quick settlement or a lengthy and complex trial. When developing a litigation strategy, Kim focuses on the clients' core objectives and her first question is always, "What is your ultimate goal with this relationship?"  From there, she works with her clients to develop a litigation strategy designed to achieve that objective.
 
Her practice emphasizes a wide range of litigation, including business litigation, consumer law defense, personal injury defense, real estate litigation, employment law and commercial collection. Kim is an advocate for her clients and provides them with strong representation to protect their interests and help them achieve their goal as efficiently as possible.
 
In addition to helping people resolve disputes, Kim enjoys learning about all types of businesses, from music distribution to lending to utilities to ski areas. She likes to unpack the mess, put a strategy to it, and resolve the conflict so that her clients can get back to doing what they do best.

Kim is a Fellow of the Litigation Counsel of America, a trial lawyer honorary society whose membership is limited to less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only.

Little Known Facts: Has been known to sprint to the courthouse to obtain a temporary restraining order or other important relief for her clients | Became an attorney after competing in mock trial in high school | Loves living in "Soccer City, USA" and can be seen enjoying both the Timbers and Thorns at Providence Park 

Honors

Martindale-Hubbell AV® Preeminent™ 4.9 out of 5 Peer Review Rated

Litigation Counsel of America Fellow, a trial lawyer honorary society whose membership is limited to less than one-half of one percent of American lawyers Print Bio

Representative Matters

Commercial Litigation

Islands Tanning & Medspa MC, LLC v. Islands Tanning and Med Spa, Inc. – Represented franchisee in seven-day jury trial, alleging violation of franchise laws, unlawful business trade practices, fraud, breach of contract, interference with business relations, and intentional infliction of emotional distress; successfully prosecuted claims against franchisor and prevailed on all counts

Lacamas Community Credit Union v. Hannah Motors - Represented Credit Union in fraud and breach of contract actions; assisted in prosecution of successful summary judgment and favorable settlement

Bouwman v. Accredited Home Lenders - Successfully defended mortgage lender on TILA claim and enforced mediated settlement agreement

Real Estate Litigation

Albertine v. Hummel - Successfully prosecuted adverse possession and trespass claims through trial

PacifiCorp v. Motes - Successfully prosecuted prescriptive easement claims and obtained favorable appellate ruling on issue of first impression

Olyaee v. Charter Communications - Successfully defended adverse possession claim, prevailing on motion for summary judgment, and defended judgment on appeal
 
Creditors' Rights Litigation

Represented financial institution in receivership and foreclosure of commercial building in Lake Oswego, Oregon

Represented financial institution in receivership and foreclosure of 14 condominium units in Beaverton, Oregon

Personal Injury/Products Liability Litigation

Regas v. Sico - Successful settlement of a case involving an alleged defective portable bed

Svitek v. Nidecker - Successfully defended a snowboard manufacturer in a $16 million products liability case

Employment Litigation

Defended wage and hour class action involving donning and doffing claimsDefended workers compensation retaliation claims to a favorable settlement

Defended workers compensation retaliation claims to a favorable settlement

Speaking Engagements

Kim frequently gives presentations on risk management, litigation, and employment issues.

Education

Lewis & Clark Law School (J.D. cum laude, 1998)
University of Oregon (B.A. Political Science, cum laude, 1994)

Admissions

Oregon State Bar
Washington State Bar
Oregon Court of Appeals
U.S. District Court, District of Oregon
U.S. Court of Appeals, Ninth Circuit 

Associations

Litigation Counsel of America  
Oregon Association of Defense Counsel 

News & Events

Employment Alert for Oregon Employers: Minimum Wage Increase

6/20/2017

Starting next month, new minimum wage rates take effect under Oregon's geographically-tiered minimum wage law, including the first Portland Metro-area-specific increase from the base rate. READ MORE

FWW Litigation Practice Group - Tips for Businesses

2/10/2017

Being on the receiving end of a lawsuit can be stressful --- whether or not you've seen it coming. Here are some helpful tips from our litigation team. READ MORE

EMPLOYMENT ALERT - INJUNCTION TEMPORARILY HALTS OVERTIME RULE

11/18/2016

Injunction temporarily halts overtime rule which increased the salary basis for exempt employees. READ MORE

Print Bio