ROBERT J. McGAUGHEY
Mediator & Arbitrator

rjm@law7555.com
www.law7555.com
503-223-2520

ADMITTED TO PRACTICE LAW

Oregon: April 1980

Also admitted to practice before federal District Courts in Oregon and Washington and the Ninth Circuit Court of Appeals

“AV” Martindale Hubbell rating Oregon Super Lawyers® Best Lawyers®

AWARDS

2021 recipient of Castles Leadership Award, which recognizes an Oregon lawyer for excellence in the practice of business law, professionalism among fellow business lawyers and outstanding community leadership. It is the highest recognition that the Oregon State Bar Business Law Section can bestow on one of its members.

SAMPLE PUBLICATIONS

BOOKS

OREGON CORPORATE LAW HANDBOOK (2018; 2013; 2006; 1999)
WASHINGTON CORPORATE LAW HANDBOOK (2000; 1993)
OREGON SECURITIES LAW HANDBOOK (PLF 1991)
UPDATE: OREGON SECURITIES LAW HANDBOOK (PLF 1988)
OREGON CORPORATE & SECURITIES LAW (1988)
OREGON SECURITIES LAW HANDBOOK (PLF 1985)
THE OREGON SECURITIES LAW HANDBOOK (1982)
Editor, MOTOR VEHICLES DIVISION HEARINGS (OSB CLE 1992)
"Oregon Securities Law," 1 ADVISING OREGON BUSINESSES, Chap. 18 (OSB2017) (Earlier versions and supplements in 2007, 1997, 1994, 1989 & 1984) – all but the 1984 original Chapter with various co-authors

ARTICLES

“Business Breakups: Terminating Ownership Interests in Closely Held Businesses,” PLF In Brief (Sept 2019)
"Limited Liability Company Interests as Securities," WSB Business Law (November 1994)
"Pitfalls in Incorporating an Existing Business," Professional Liability Fund, In Brief (Fall 1992)
"Securities Law: An Update," Professional Liability Fund, In Brief (Summer 1990)
"Notes As Securities," Oregon Business Law Digest (Spring 1990)
"Issuing Securities To Employees: SEC Rule 701," Oregon Business Law Digest (1989)
"Distributions To Shareholders," Oregon Business Law Digest (1989)
"Avoiding An Undercapitalized Corporation," Oregon Business Law Digest (1988)
"I Don't Do Securities Law': Think Again," Professional Liability Fund, In Brief (Aug 1983)

MEDIATOR, ARBITRATOR, PRO TEM JUDGE & EXPERT WITNESS

Previously served as a pro tem judge for Multnomah County, Oregon Circuit Courts.

Served as an arbitrator and/or mediator for 200 disputes through the Arbitration Service of Portland, American Arbitration Association, the National Association of Securities Dealers, Inc., the Multnomah County Circuit Court Arbitration Program, the Oregon State Bar Fee Arbitration Program and the National Futures Association.

Retained as an expert witness on several occasions, generally in cases involving corporate and securities issues.

BAR ACTIVITIES

Chair, OSB Business Litigation Section (1997 - 98)
Member, Executive Board of OSB Business Litigation Section (1995-99)

Chair, OSB Securities Regulation Section (1994 - 95)
Member, Executive Board of the OSB Securities Regulation Section (1989 - 96)

Delegate, OSB House of Delagates (2011-14)

Member, Multnomah Bar Association Judicial Screening Committee (2006 - 09)
Co-grader, Oregon Bar Exam, Winter & Summer (1999)

Member, OSB Securities Reg Section, Task Force on Uniform Securities Act (2004)
Member, OSB Business Law Section, Task Force on Changes to Corp Act (2001)
Member, OSB Business Law Section, Task Force on Close Corporations (1999)
Member, OSB Business Law Section, Continuing Legal Ed Committee (approx 1993-96)
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 (1994-96)
Member, Multnomah Bar Assoc., Membership Committee (mid-1980's)

Co-Chair, Northwest Securities Law Institute (1994)
Co-Coordinator, “Securities Law For Non-Securities Lawyers” (2-day OSB CLE 1991)

CLE & TEACHING EXPERIENCE

Speaker at numerous programs sponsored by the Oregon State Bar, OSB Professional Liability Fund, Northwest Securities Institute, Oregon Law Institute, Oregon Securities Regulation Section, Internal Revenue Service, Institute for Paralegal Education, NBI, Inc., Lorman Education Services, Oregon Legal Secretaries Association and other organizations.

Bassist College, Portland, Oregon: Part-time Business Law Instructor (1989 - 96)
Linfield College, McMinnville: Oregon: Part-time Business Law Instructor (2000 - 04)
Wayne County (Ohio) Community College: Part-time Government Law Instructor (1975 - 76)

REPORTED CASES

Patel v. Siddhi Hospitality, LLC, 312 Or App 347, 495 P3d 693 (2021)
(LLC member dispute)

Computer Concepts, Inc. v. Brandt, 137 Or App 572, 905 P2d 1177 (1995)

(securities & ORICO)

Chrome Data Systems, v. Stringer, 109 Or App 513, 820 P2d 831 (1991)

(application of corporate merger appraisal statute)

Stringer v. Car Data Systems, 108 Or App 523, 816 P2d 677, reconsidered, 110 Or App

14, 821 P2d 418 (1991), affirmed, 314 Or 576, 841 P2d 1183 (1992), reconsidered

denied, 315 Or 308, 844 P2d 905 (1993)

(minority/majority shareholder claims)

Computer Concepts, Inc. v. Brandt, 98 Or App 618, 780 P2d 249 (1989), affirmed, 310

Or 706, 801 P2d 800 (1990)

(securities & racketeering issues)

Prince v. Brydon, 307 Or 146, 764 P2d 1370 (1988)

(liability of attorneys for securities violations)

In re Mettler, 305 Or 12, 748 P2d 1010 (1988)

(attorney discipline)

EDUCATION

University of Akron, Akron, Ohio
degree: JD graduated: June 1980

University of Akron, Akron, Ohio
degree: MA major: Urban Studies graduated: June 1975

Lowell Technological Institute, Lowell, Mass.
degree: BSEE major: Electrical Engineering graduated: June 1971

LEGAL EMPLOYMENT

Private practice, primarily related to complex business litigation, including securities & investment lawsuits & arbitrations, shareholder, LLC member & partner disputes, business break-ups, business torts, purchase & sale of businesses and contract disputes