2011 Super Lawyers Pro Bono Award
Attorney Profile

Robert J. McGaughey

Robert McGaughey

Law Office of Robert J. McGaughey
2440 Fox Tower, 805 SW Broadway
Portland, OR 97205

Portland

Oregon (OR)

Contact Contact Robert J. McGaughey
T: 503-223-7555
F: 503-525-4833

Visit: www.law7555.com
Practice Areas: Securities Litigation (50%), Closely Held Business (40%), Employment Litigation: Plaintiff (10%)

Securities Litigation

Closely Held Business

Employment Litigation: Plaintiff

Profile

Bob McGaughey has practiced law since 1980. Admitted in Oregon, Washington and federal courts in both states. Bob’s practice focuses on securities fraud & investments disputes, shareholder, partnership & LLC member claims, shareholder oppression, dissolution, accounting, appraisal & derivative actions, employment claims, whistleblower claims, elder financial abuse claims, breach of fiduciary duty, ponzi scheme claims, actions arising out of the sale of businesses, interference with contract & economic relations, contract disputes and other business litigation.

Bob is author of several books, including Oregon Securities Law Handbook, Oregon Corporate Law Handbook and Washington Corporate Law Handbook. Bob is past Chair of Oregon State Bar's Business Litigation Section and past Chair of its Securities Regulation Section.

PRACTICE AREAS Civil business litigation, with emphasis on the following areas:

SECURITIES. Litigated securities cases for 29 years, representing investors suing attorneys, accountants, financial planners and brokers. Bob is author of the definitive book Oregon Securities Law published by the OSB Professional Liability Fund. He is a former Securities Examiner with the Oregon Securities Division. His Oregon Supreme Court cases (Computer Concepts v. Brandt and Prince v. Brydon) are leading cases under Oregon Securities Law. Litigated securities disputes involving mergers, unregistered securities, stock options and whether LLC interests are securities. Arbitrated broker cases with FINRA & AAA.

CORPORATE LITIGATION.  Represented shareholders in cases involving corporate dissolutions, shareholder oppression, derivative actions, business appraisals and claims for breach of fiduciary duty. Represented creditors who pierced corporate veil and imposed liability on shareholders. Author of Oregon Corporate Law Handbook and Washington Corporate Law Handbook. Served on the OSB Business Section Task Forces on corporate & LLC legislation. Past Chair of OSB Business Litigation Section.

PARTNERSHIP & LLC LITIGATION. Represented partners and LLC members in disputes over breach of fiduciary duty, usurping business opportunities, accounting and dissolution. Has litigated whether LLC interests fall within the securities laws.

EMPLOYMENT CLAIMS. Represent employees in claims for wrongful termination, stock option claims, wage & hour, whistleblower claims.

ELDER FINANCIAL ABUSE. Represent elderly victims of financial fraud & ponzi schemes.

CONTRACT DISPUTES. Litigated a wide variety of contract disputes including licensing & technology agreements, interference with contract & economic relations, sales contracts, employment & stock option agreements and mergers & acquisition agreements.

Selected To

Oregon Super Lawyers 2011
Oregon Super Lawyers 2010
Oregon Super Lawyers 2009

About Robert McGaughey

Admitted: 1980, Oregon

Professional Webpage: www.law7555.com/bob.html

Special Licenses/Certifications:

  • Admitted to Practice: Oregon -- 1980; Washington -- 1985

Bar/Professional Activity:

  • Chair, OSB Business Litigation Section (1997-8);  Member, Executive Board of OSB Business Litigation Section (1995-9); Chair, OSB Securities Regulation Section (1994-5); Member, Executive Board of the OSB Securities Regulation Section (1989-6); OSB House of Delegates (2011 - present); Co-grader, Oregon Bar Exam, Winter & Summer (1999); Member, Multnomah Bar Association Judicial Screening Committee (2006 - 2009); Member, OSB Securities Regulation Section, Task Force on Uniform Securities Act (2004); Member, OSB Business Law Section, Task Force on Changes to Corporation Act (2001); Member, OSB Business Law Section, Task Force on Close Corporations (1999); Member, OSB Business Law Section, Legislation (LLC) Committee (approx 1995); Member, OSB Continuing Legal Education Committee (1989-92); Member, Multnomah Bar Assoc., Continuing Legal Education Committee (1994-6); Co-Chair, Northwest Securities Law Institute (1994).

Scholarly Lectures and Writings:

  • OREGON CORPORATE LAW HANDBOOK (2006); WASHINGTON CORPORATE LAW HANDBOOK (2000); OREGON SECURITIES LAW HANDBOOK (PLF 1991)
Map Location

White Papers

Duty to Supervise Satellite Financial Planner Offices: The Growing Problem of Selling Away

This article discusses the duty of insurance and securities broker firms to supervise their satellite financial planner offices.  The article discusses the problems of selling away, selling unapprove securities products and the misappropriation of customer funds by financial planners, including ponzi schemes.

Business Breakups: Terminating Ownership Interests in Closely-held Businesses

The article discusses avenues for terminating shareholder and other business owner status, including buy-sell agreements, actions for breach of fiduciary duty, freeze-out mergers, oppression claims and the expulsion or withdrawal of LLC members

When Are LLC Interests Securities?

Article discusses when the sale of a membership interest in a limited liability company constitutes the sale of a security, thus requiring compliance with the state and federal securities laws.


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