Kimberley Hanks McGair

Shareholder, Firm President


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. 
  
Her practice emphasizes a wide range of litigation, including business litigation, consumer law defense, real estate litigation, employment law, commercial collection and personal injury defense. 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. 

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

Selected by her peers for inclusion in the Best Lawyers in America® 2018-2022 for Commercial Litigation

Selected to the Oregon Super Lawyers list 2019-2021 for commercial litigation; and a Rising Star in 2008, 2010-2013 

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 See more News See more Articles Print Bio

Representative Matters

Commercial Litigation 

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.


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. 

Obtained summary judgment on adverse possession claim defeating claims of permission.
 
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. 

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.

Successfully resolved bankruptcy discharge injunction claims against financial institution.

Personal Injury/Products Liability Litigation 

Successful settlement of a case involving an alleged defective portable bed.

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 age and disability discrimination claims.

Obtained dismissal of Americans with Disabilities Act claims related to websites of financial institutions

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

Litigation Counsel of America  
Oregon Association of Defense Counsel 
Equipment Leasing and Finance Association (ELFA)
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 - OSHA Rule--Vaccination Mandates

9/13/2021

With a recent surge of COVID-19 hospitalizations and deaths, OSHA to issue an Emergency Temporary Standard requiring employers who employ 100 or more employees to mandate that employees either receive the COVID-19 vaccine or undergo weekly testing. READ MORE

FWW Legal Alert: Reopening—The Pacific Northwest Removes Its Masks

7/2/2021

We did it. Our communities in the Pacific Northwest have taken the steps to protect each other with vaccinations, distancing, masking, and a number of sacrifices along the way to reach the point where we are reopening and removing masks. READ MORE

FWW Employment Alert - New IRS Guidance on American Rescue Plan Act Temporary COBRA Premium Subsidy

5/27/2021

New IRS guidance on American Rescue Plan Act temporary COBRA premium subsidy—and deadline reminder for notices due May 31, 2021. READ MORE

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