Stephen F. Deatherage

Of Counsel, Portland Office, Seattle Office

Direct Dial: 503.499.4514
Fax: 503.295.0915
stephen.deatherage@bullivant.com

Practice Areas

Industries

Environmental, Energy and Regulatory

Bar/Court Admissions

Oregon Bar, 1998
U.S. Court of Appeals for the Ninth Circuit, 1998
U.S. District Court, District of Oregon, 1999
Washington Bar, 2007
U.S. District Court, Western District of Washington, 2010

Education

Willamette University, College of Law - J.D., cum laude, 1998
University of Oregon - B.A., 1991

Experience Representative Work Professional and Civic Involvement Awards and Honors Press Coverage Publications and Presentations Outside the Firm

Practice Experience

Since joining the firm in 1999, Stephen Deatherage has been a key member of BHB's law and motion team. In that role, Stephen has focused his practice on researching, briefing, and arguing complex motions in federal and state trial courts, as well as representing clients before federal and state appellate courts. He has extensive law and motion practice experience, and is adept at formulating legal briefing strategies that frame the legal issues before the trial court, maximize the possibility of a favorable outcome on those issues, and preserve them for possible appellate review. In short, Stephen has committed his practice to presenting winning motions at trial—and having those wins upheld on appeal.

Stephen's current scope of representative law and motion experience includes:

On appeal to the Ninth Circuit, wrote and argued the successful defense of a trial-court summary judgment motion win (he also developed and wrote the motion), in a case in which an employer was sued for the intentional torts of its employee.
On another appeal taken to the Ninth Circuit in an indemnity case, Stephen again successfully defended his winning summary judgment motion, which had the result of shifting millions in potential liability from his client to the other party.
Writing summary judgment briefing on behalf of a regional convenience store chain that was the target of a hostile takeover attempt. Issues presented in the briefing required close analysis of the Oregon Control Share Act and the Oregon Security Law, and resulted in a decisive win for the client and a favorable settlement.
Defeating summary judgment motions filed by an investment fund manager and the accountants hired to monitor his investment activity. The case proceeded to trial, where—after defeating directed verdict motions filed by those defendants—the investor clients prevailed on their claims and were awarded their requested damages. After trial, Mr. Deatherage prepared briefing that increased the settlement amount with the accountants by several million dollars.
Writing the winning summary judgment briefing that forced a multi-national pharmaceutical corporation to pay for an innovative product designed by a local company.
After trial of a $30 million claim for breach of an international aircraft lease, preparing briefing that saved the client millions of dollars in pre-judgment interest.

Stephen also has experience writing complex documents and briefs in environmental cases, advising clients on compliance issues, and working with landowners and the Oregon DEQ to efficiently resolve contamination issues.

Representative Work

Professional and Civic Involvement

Member, Oregon State Bar, Appellate Practice Section
Member, Washington State Bar Association
Member, Multnomah Bar Association
Member, Oregon Association of Defense Counsel
Associate Editor, Oregon Association of Defense Counsel Quarterly Periodical
Member, American Society of Legal Writers
Unit Commissioner, Boy Scouts of America

Awards and Honors

Named as a "Rising Star" in Oregon Super Lawyers (2009, 2008 — Business Litigation)

Outside the Firm

Stephen Deatherage When Stephen isn't practicing law, he spends much of his time volunteering with the Boy Scouts of America. In 2009, Stephen visited a BSA camp where he spent many of his summers in the 1980s. The visit led him to reconnect with the organization—and he spends many of his weekends teaching what he learned in his youth to a new generation of young leaders.

Stephen is also a frequent visitor to his hometown, Roseburg, and its many wineries. In the 1980s, Roseburg was best known for its sawmills. Now, through the efforts of a number of gifted winemakers, Roseburg is also known for its excellent tempranillo, cabernet sauvignon, and syrah. Stephen and his wife have a nice collection of those wines, and have made their own wine from pinot noir grapes picked near Mt. Angel (called "Terrible Ted Red") each of the past three falls.

And because no summer evening would be complete without a baseball game on the radio, Stephen improvised a system so that broadcasts of Dodger games—which he picks up through the internet—can be heard through his home's outdoor speakers. Listening to Vin Scully, the ageless voice of the Dodgers, has been a family tradition since the 1960s.