Chad Colton

Chad has taken nearly 30 cases to trial across the country and often serves as “parachute” trial counsel, joining cases at the mid-way point or on the eve of trial. Over the last few years, he has been lead trial counsel on some of the most high-profile jury trials in the Pacific Northwest, including defeating Nike’s eight-figure claims against NFL star Odell Beckham Jr. 

Chad is recognized as “a go-to lawyer for bet-the-company commercial litigation” by the country’s leading legal ranking guide, Chambers USA. He serves as lead counsel in business cases involving contracts, partnership disputes, trade secrets, fiduciary duties, intellectual property, and high-damages tort claims. He represents clients in a variety of industries, including technology, health care, agriculture, and sports and entertainment—representing or opposing A-list celebrities and major sports brands.

While Chad is well-versed in all stages of litigation, his true passion is his parachute trial practice. Most commercial cases don’t go to trial. Consequently, even many of the most brilliant and sophisticated litigators haven’t had the opportunity to develop deep trial expertise. So, when business litigation actually heads to trial, clients can find themselves anxious about presenting complex business concepts to a judge or jury. 

That’s where Chad comes in to help. As market sources reported to Chambers, Chad is an “elite trial lawyer” who has what most litigators don’t: “actual trial experience and outstanding public speaking skills.” When called upon as parachute trial counsel, Chad and his team quickly assess the case and formulate an understandable, hard-hitting trial package that will resonate with jurors. Chad also works seamlessly with other law firms, joining the team to take on the most difficult aspects of trial so that they can focus on settlement and other critical case tasks. 

Chad’s ability to rapidly understand a complex case and prepare for trial is the result of nearly two decades of studying trial techniques and refining his talents through hands-on experience in the courtroom. As one client put it, “In the courtroom, Chad holds a charismatic presence of integrity with the judge and jury that delivers results and makes you proud to have him representing you.” Chad loves his craft and shares tips on trial work, depositions, and oral argument with his peers through his video series “When You Need to Win” and live seminars. 

Chad balances his work with his dedication to his family and (some may say) an insufferable obsession with karaoke, old Led Zeppelin albums, and playing loud guitar. He also stays active in his community, having served on the boards of directors for numerous non-profits and legal organizations, including Civics Learning Project, Up & Out, Quechua Benefit, the Technology and Corporate Counsel sections of the Oregon State Bar, and the Oregon Association of Defense Counsel.

 Some of his representative cases include:

• Won a nearly $30 million jury verdict for Shark Tank celebrity James Martin against an international penny stock scammer known as the “Wolf of Montreal.” (See article here.) The verdict included $23.4 million in lost profits, RICO multipliers, and punitive damages, plus attorney fees and the return of a large vineyard property. Chad joined the case and worked with the existing litigation team at the mid-way point of the case.
• Defeated Nike’s $15 million claims at trial against NFL star Odell Beckam Jr. for alleged “glove violations” and disclosure of confidential information. (See OBJ’s post here and article here). Chad joined the case as lead trial counsel days before trial to architect the trial strategy, select the jury, and deliver opening statements and closing argument.
• Served as lead trial counsel for the plaintiff in Opal Labs Inc. v. Sprinklr, Inc., one of the largest trade secret jury trials (if not the largest) in Oregon history. (See article here.) After a multi-week jury trial on claims for the theft of Opal’s software, the defendant paid what the Portland Business Journal called “a landmark settlement.”
• Served as lead defense counsel for the Boy Scouts of America in a set of more than 150 cases in Oregon and Guam, seeking collective damages of several billion dollars.
• Secured full dismissal of claims against Traeger Grills through a series of motions in a multimillion-dollar trade secret and contract case in Ohio involving electronic payment processing.
• Won a full defense verdict for Boyd Coffee Company in a federal jury trial in Los Angeles involving multimillion-dollar, bet-the-company claims for breach of a distribution agreement. Chad joined the case shortly before trial.
• Defended a medical management company at trial against multimillion-dollar claims for breach of contract and business torts, reducing damages to under $40,000.
• Secured full control of a large auto auction company through multiple trials of a family business dispute over control and theft of company assets.
• Represented clients at trial to reopen an estate for financial abuse by a personal representative, leading the court to hold that the conduct “shocked the conscience” and to local prosecutors securing a felony conviction against the personal representative.
• Won at trial on claims against a former company officer for embezzlement of company funds, resulting in a judgment of non-dischargeability in federal bankruptcy court.
• Represented Harry & David Corp. against IBM in fraud and business tort claims involving IBM’s website and e-commerce software. The case resolved shortly after convincing a federal judge that Harry & David had a viable claim for fraud against IBM.
• Obtained summary judgment dismissing all claims against Progressive Direct Insurance Co. in a Nevada class action case involving medical payment coverage.
• Defended a global Am Law firm in a federal class action and related mass actions arising out of the failure of the Aequitas investment funds.
• Secured permanent injunctions on behalf of Propel Insurance Company barring former employees from soliciting clients and using confidential and trade secret information at a competing insurance brokerage.
• Successfully pursued claims for fraud and negligence on behalf of global project management company HanmiGlobal Co. Ltd. in international and domestic arbitrations regarding the acquisition of a U.S. architecture and engineering firm.
• Defended shareholders and officers from claims following the hostile takeover of Christensen Shipyards, one of the world’s premier luxury shipbuilders.
• Secured a $50 million buyout for the partial owners of one of the Pacific Northwest’s largest industrial manufacturers following disputes over control of the company.
• Obtained a multimillion-dollar judgment in a family business dispute over the breakup of a large, 150-year-old Oregon farm, embezzlement of farm income, and the theft of farm property.
• Defended C&K Market against Unified Grocers in a bet-the-company case involving breach of a distribution agreement, successfully defeating the plaintiff’s preliminary injunction motion.