Kimberley Hanks McGair

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Passionate and Practical Problem Solver

Kim is passionate about her clients and helping them resolve their disputes. 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 prompt settlement or a lengthy and complex trial. When developing a litigation strategy, Kim focuses on her client’s core objectives. Her first question is always, "What is your ultimate goal with this relationship?"  From there, she works with her client to develop a litigation strategy designed to achieve that objective as efficiently as possible.
  
Her practice emphasizes a wide range of litigation, including business litigation, consumer law defense, real estate litigation, employment law, commercial collection, probate litigation and personal injury defense. Kim has also handled a number of cases in the appellate courts in both Oregon and Washington. Kim is an advocate for her clients and provides them with strong representation to protect their interests and help them achieve their goals as efficiently as possible. 
  
In addition to helping people resolve disputes, Kim loves litigation because she enjoys learning about all types of businesses, from music distribution to manufacturing 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. 

In her free time, Kim enjoys watching soccer, gardening and spending time with her daughters.


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

Selected by her peers for inclusion in the Best Lawyers in America® 2018-2025 for Commercial Litigation and Best Lawyers in America® 2024-2025 for Litigation-Labor and Employment

Selected to the Oregon Super Lawyers list 2019-2025 for commercial litigation; and a Rising Star in 2008, 2010-2013 See more News See more Articles Print Bio

Representative Matters

Commercial Litigation 

Represented buyer of restaurant and bar in multi-day arbitration with seller – successfully defended seller’s claims and prevailed on buyer’s counterclaims.


Represented franchisee in seven-day jury trial, alleging violation of franchise laws, unlawful 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. 

Negotiated favorable settlement of retirement buyout claim for large accounting firm.

Prevailed in 5-day arbitration dissolving closely-held entity and obtained money award on fiduciary duty claims.


Prevailed in week-long 3-arbitrator arbitration to determine control over closely-held corporation and validating ouster of founders who had engaged in improper activity.

Real Estate Litigation 

Successfully prosecuted adverse possession and trespass claims involving residential real property through trial. 

Successfully prosecuted prescriptive easement claims, prevailed on summary judgment and obtained favorable appellate ruling on issue of first impression involving overhead utility lines.


Successfully defended adverse possession claim, prevailing on motion for summary judgment, and defended judgment on appeal. 

Successfully defended against irrevocable license claims and obtained attorney fee award.
 
Creditors' Rights Litigation 


Defended through Ninth Circuit appeal dismissal of a class action against a financial institution alleging alienage discrimination.

Represented receiver in complex marital dissolution involving hundreds of properties and numerous adverse claims.

Successfully resolved numerous Fair Credit Reporting Act claims against financial institutions for nuisance value.

Defended and settled numerous class action disputes against financial institutions, including claims involving breaches of account agreements and violation of the Electronic Funds Transfer Act.

Personal Injury/Products Liability Litigation 

Successfully defended a snowboard manufacturer in a $16 million products liability case. 

Obtained defense verdict for ski area in wrongful death claim.

Employment Litigation 

Defended workers compensation retaliation claims to a favorable settlement. 

Obtained summary judgment dismissing disability discrimination claims.

Defended FMLA-retaliation claims to a favorable settlement.

Obtained dismissal of wage and hour class action claims under Oregon’s unique class action resolution provisions.

Probate Litigation 

Prevailed on summary judgment dismissing interference with inheritance claims.

Prevailed after 2-day evidentiary trial dismissing improper claims against an estate.

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 

     Western District of Washington
     Eastern District of Washington
U.S. Court of Appeals, Ninth Circuit

Associations

Oregon Association of Defense Counsel (OADC)
BizWomen Coalition (Portland Business Journal)
Pacific Northwest Ski Areas Association (PNSAA)
National Ski Areas Association (NSAA)
Association of Ski Defense Counsel (ASDA)
Multnomah Bar Association

News & Events

FWW Employment Alert: U.S. Department of Labor Increases Salary Basis for Exempt Employees

5/9/2024

On April 23, 2024, the U.S. Department of Labor announced a final rule which will increase the FLSA’s annual salary-level basis threshold for white-collar exemptions to overtime requirements. READ MORE

FWW Employment Alert: Federal Trade Commission Bans Non-Competes Nationwide

4/25/2024

On April 23rd the Federal Trade Commission (FTC) issued a final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). READ MORE

FWW Employment Alert: Oregon and Washington Legislative Updates 2024

3/5/2024

As we settle into 2024, now is a good time to take note of some recent changes to Oregon and Washington employment laws. As usual, there are a number of updates that will require revising handbooks and policies. READ MORE

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