Clifford S. Davidson

Practice Areas

Cliff Davidson is a commercial litigator and trial attorney, and is the managing partner of the firm's Portland office. He focuses on commercial disputes; litigation and counseling relating to freedom of expression and defamation, including anti-SLAPP; advice and litigation concerning constitutional issues, particularly the First Amendment and Equal Protection Clause; noncompetition and nondisclosure; copyright and trademark; class action defense; and Oregon and federal RICO. Cliff has served as a sworn Special Assistant Attorney General to the State of Oregon in both litigation and investigation, and acted as outside counsel to municipal government bodies. He maintains an active docket in Oregon, Washington and California.

Professional Memberships

Sussman Shank LLP Partner (2012 to 2020)

Kendall Brill & Kelly LLP (2011-2012)

Proskauer Rose LLP (2006-2011), Deputy District Attorney through training program (2009)

Publications

"The Supreme Court Cases (Other Than Trump) That Matter Most to the Business World in 2024," Quoted, Yahoo! Finance (January 9, 2024)

“Undetectable, Untransmittable, Unclear: Virally-Suppressed Employees and the Healthcare Workplace,” Presenter, Washington State Society of Healthcare Attorneys (2018)

“Anti-SLAPP Motions: Challenging Claims Arising from Speech,” Presenter, Oregon State Bar CLE (2018)

“Litigating RICO Claims in Oregon,” Co-Presenter, Multnomah Bar Association CLE (2018)

“Defamation by Association: What ‘Sexy Cops’ Can Teach Us,” Author, Quarterly Newsletter, Oregon Chapter of the Federal Bar Association (2017)

“Legalization of Marijuana and the Challenges it Poses to Real Estate Lenders,” Presenter (2017)

“Defending Against Claims of Trade Libel,” Author, The Verdict (June 2014)

“Addressing Negative Online Reviews,” Presenter, Hotel Investor’s Marketplace (December 2014)

“Yelp® Help: Dealing with Online Reviews,” Presenter, Washington Lodging Association Annual Convention & Trade Show (November 2014)

“When the Political Process Meets Due Process: Perspectives on Judicial Elections,” Moderator and Panel organization, American bar Association, Section of Litigation Annual Conference plenary session (April 2014)

“Strike Back Via Anti-SLAPP Statutes,” Author, Daily Journal of Commerce (February 2013)

“Procedural Aspects of Anti-SLAPP Motions in Federal Court,” Author, Quarterly Newsletter, Oregon Chapter of the Federal Bar Association (January 2013)

Work Highlights

COMMERCIAL MATTERS

Several representations on behalf of International Business Machines Corporation (IBM), including in multi-million dollar federal litigation, an employment matter in federal court, and as third-party witness in Rosenblum (State of Oregon) v. Oracle America, Inc

Representation of social media site in $22,000,000 lawsuit

Represented 15 cannabis dispensaries in federal RICO lawsuit

Represented, in California federal jury trial, an insurance marketing company suing competitor for its business interference with client's team of former sales contractors. Litigated issues of adverse inference jury instructions, and monetary sanctions, based on opponent's spoliation of electronically stored information

Represented, in Oregon federal trial, a national law firm accused of breaches of fiduciary duty in connection with a promissory note, and counterclaimed on behalf of that firm for unpaid fees

Represented Canadian paper pulp company in U.S. litigation concerning UCC and CISG issues

Represented landowner sued in 70-defendant Oregon federal civil RICO action in connection with cultivation of cannabis

Defended client in California federal class-action by a team of over 300 independent contractors seeking several million dollars

Represented loan servicer before the United States Supreme Court in opposing certiorari

Represented Oregon trucking and warehouse company in Computer Fraud and Abuse Act matter

Represented an oil company as plaintiff in a complicated, multinational fraudulent transfer matter

CONSITUTIONAL / PUBLIC LAW MATTERS

Represented the State of Oregon in defending against class-action lawsuit under the Equal Protection Clause and Title VI

Representing City of Portland and Prosper Portland in lawsuit involving claims under Equal Protection Clause and state law

Represented non-profit and religious organization in lawsuit against the U.S. Department of Homeland Security in connection with 2020 federal policing action in Portland

Advising non-profit and government entities on compliance with the Equal Protection Clause

Represented multiple interested parties in connection with issues related to labor peace requirements in procurement

Conducted internal investigation of an Oregon government agency and presented findings to the Governor and other officials

Represented news organization in Washington public records dispute

Represented transgender nursing student in lawsuit against California college that expelled her

First Amendment retaliation litigation against a special district in Oregon

On behalf of criminal defendant, challenged Oregon criminal statute under Oregon Constitution

Litigated whether Oregon charter school was a state actor subject to 42 U.S.C. § 1983

Represented plaintiff, in district court and Ninth Circuit, in a First Amendment retaliation matter against an Oregon municipality and its police chief

DEFAMATION / ANTI-SLAPP MATTERS

Defended against seven-figure defamation and business interference claims brought by major Oregon automotive chain

Represented solar company and its principal in eight-figure business interference and Oregon RICO matter in California federal court. Matter involved anti-SLAPP motion practice and an award of attorney fees and costs

Represented zineauthor in defamation matter involving anti-SLAPP practice

Representation of blogger sued for defamation by major landowner in Central Oregon

Represented plaintiff in defamation matter relating to allegations of abuse

Pre-publication review of numerous clients’ works in order to mitigate risk of defamation claims

INTELLECTUAL PROPERTY MATTERS

Represented motion picture studio in Oregon copyright matter

Represented distributor of grow lights in dispute over trademark and copyright infringement on Amazon

Defended toy company against copyright claim brought by competitor

Represented Oregon defendant in architectural copyright litigation

Represented major Virtual Private Network (VPN) company in Lanham Act false advertising claim