Alexander M. Naito

Alex works with clients in the real estate and construction industry to manage transactions, get things built, and resolve disputes.  Clients rely on Alex to help them navigate a wide variety of business transactions, trusting him to protect their legal interests while also understanding the importance of fostering strong business relationship and keeping projects moving forward. 

When disputes arise, Alex advocates for his clients through direct negotiations, mediation, arbitration, trial, and, if necessary on appeal.  Alex has a strong background in resolving complex real estate and construction disputes, including:

• construction management claims (involving delays, payment issues, and liens);
• construction defect claims;
• condemnation actions;
• commercial property and debt disputes;
• commercial evictions;
• claims against real estate brokers; and
• shareholder disputes.

Prior to joining Tarlow Naito & Summers, Alex spent over six years as a member of the real estate, construction, and litigation teams at Miller Nash Graham & Dunn, LLP, working on a wide range of large-scale matters.  Alex continues to apply his big firm experience to effectively represent clients of all sizes.   

As a third-generation Portland native, Alex has deep roots here and maintains close ties to the community.  He is passionate about the future of this City and is proud to be a part of its growth and development. 

Alex lives in North East Portland with his wife Marika, his son Cole, and two dogs, Riggins and Gracie.  The family enjoys frequenting local spots, getting out for walks around the neighborhood, watching the Blazers, and of course getting pancakes with grandpa Steve.

EDUCATION

University of Pennsylvania Law School, J.D.

• Dean’s Merit Scholarship
• Senior Editor, University of Pennsylvania Journal of Constitutional Law
• Board Member, Students Against Gender-Based Exploitation
• Volunteer of the Year Award, Domestic Violence Assistance Project

Lafayette College, B.A., magna cum laude, Government and Law/Philosophy,

• Pi Sigma Alpha, Omicron Delta Chapter, National Political Honor Society
• Minerva and Emil V. Novak Prize in Government and Law
• Marquis Scholarship recipient

REPRESENTATIVE EXPERIENCE

Construction 

• Product defect and improper installation. Represented property owner in action involving significant damage to roofing system of energy efficient building.  Advised client throughout the repair of the entire roof at a cost of over $3 million to preserve all potential claims.  Acted as lead counsel investigating and pursing claims against contractor, subcontractor, and supplier, resulting in settlement of over 85 percent of all repair costs. 
• Coordination and scheduling delay. Represented school district against claim by contractor for additional compensation resulting from alleged delays.  Acted as lead counsel investigating and negotiating favorable settlement through mediation.   
• Payment dispute and construction lien. Represented general contractor against payment claim by subcontractor.  Acted as lead counsel investigating and negotiating favorable settlement and satisfaction of lien. 
• Product defect and scheduling delay. Defended hydroelectric turbine manufacturer against claims for defective product and resulting delay.  Developed defenses with hydroelectric turbine engineering and construction delay experts.  Led a two-day judicial settlement conference in federal court, resulting in favorable settlement for the client.
• Product defect. Defended manufacturer of concrete patching repair compound against claims for defective product, indemnity, and breach of warranties.  Successfully briefed and argued motion to dismiss and motion for summary judgment, resulting in dismissal of seven out of eight claims and, ultimately, a favorable settlement for the client. 
• Improper installation. Acted as lead counsel during arbitration proceeding on behalf of homeowner against renovation contractor, resulting in judgment against contractor for repair costs to fix defectively installed siding and windows, as well as attorney fees and costs.
• Payment dispute and licensing. Successfully prepared motion for judgment on the pleadings on behalf of defendant-property owner against concrete repair contractor, resulting in dismissal of contractor’s claims for unpaid invoices in excess of $300,000.

Real Estate

• Claim against real estate broker. Defended real estate broker against claims by former client for professional negligence, misrepresentations, and fraud.  Acted as lead counsel during two-day arbitration proceeding, resulting in plaintiff’s recovery of only 10 percent of the total amount of claimed damages.
• Valuation dispute. Represented property owner in condemnation action.  Worked with appraisers to evaluate appropriate value and negotiated favorable settlement through mediation.  
• Lease dispute. Defended agricultural tenant against action by landlord seeking specific performance of alleged oral agreement to modify lease and allow landlord to construct a private airstrip in the middle of the property used by tenant, as well and monetary damages.  Prepared motion to dismiss and motion for summary judgment, resulting in dismissal of all of landlord’s claims with prejudice. 
• Commercial tenant disputes. Regularly advise commercial property management company in all tenant-related disputes, including forcible entry and detainer (eviction) proceedings.

Business

• Breach of contract and misrepresentation by vendor. Represented business in breach of contract action against vendor who significantly overbilled for work performed at stores in three states.   Client also sought recovery against the vendor’s owner personally, and the owner’s two other inter-related companies based on alter-ego/veil piercing theories.   Conducted two-day evidentiary hearing on client’s motion for sanctions based on vendor’s spoliation of evidence and obtained an award of sanctions against the defendants.  Acted as second chair during nine-day bench trial and obtained a complete recovery of $900,000 on the client’s primary claims and a supplemental judgment of $2.1 million for prejudgment interest, attorney fees, and expert costs, jointly and severally against vendor, its owner, and its owner’s two other companies.
• Shareholder dispute. Represented controlling shareholder of closely held corporation against claims of fraud, breach of fiduciary duties, and elder abuse by minority shareholder.  Orchestrated buy-out of minority shareholder and settlement including release of all claims.  
• Breach of contract and trademark infringement. Represented manufacturer against claims by international vendor for breach of exclusive dealings contract and trademark infringement.  Obtained dismissal of plaintiff’s claim of $100 million in damages.
• Commercial debt collection. Acted as lead counsel during state court bench trial on behalf of creditor against borrower who defaulted on business loan, resulting in judgment for full amount of the debt, over $500,000, as well as attorney fees and costs. 

Appellate

• Statuary interpretation. Drafted appeal brief on behalf of daughters of decedent in action related to a dispute over cash accounts and corporate stock distributed as part of the estate.  Prepared response appellate brief, resulting in the Court of Appeals affirming award in favor of client for approximately $1 million in disputed cash, as well as additional amounts in corporate stock.
• Review of administrative proceedings. Drafted and argued appeal on behalf of healthcare provider involving administrative workers compensation decision.
• Title insurance policy interpretation. Drafted appeal brief on behalf of title company involving circuit court judgment against insurer for claim on title insurance policy. 
• First amendment. Drafted amicus brief on behalf of the ACLU of Oregon in support of BOLI’s issuance of a fine to local bakery for refusing to provide services to same-sex couples. 
• Constitutional authority. Drafted amicus brief on behalf of the ACLU of Oregon in support of Kitzhaber, resulting in Oregon Supreme Court ruling in favor of Kitzhaber’s right under the Oregon Constitution to reprieve Mr. Haugen from his death sentence.

Miscellaneous

• Violation of civil rights. Successfully argued in federal court on behalf of mentally ill plaintiff against defendants’ motion to dismiss § 1983 excessive use of force claims, resulting in $53,000 settlement, plus attorney fees.
• Education and municipal administration. Successfully prepared a motion for summary judgment in Oregon Tax Court, resulting in declaratory judgment approving the school district’s use of bond proceeds and savings for the client of over $2 million.

PROFESSIONAL ACTIVITIES

• Oregon Asian Pacific American Bar Association, Board Member
• Andrews Legal Clinic, Board Member
• Oregon State Bar
• Multnomah Bar Association
• American Bar Association

RECOGNITION

Alex has been selected for inclusion as a Rising Star in Oregon Super Lawyers magazine.  Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.  For more information visit www.superlawyers.com.

PUBLICATIONS

2018: “Oregon Construction Case Law Updated 2018,” Construction Law Newsletter (November 2018, no, 60) (http://www.osbarconstruction.com/news2017-10.pdf)

2017:  “Oregon Construction Case Law Update 2017,” Construction Law Newsletter (October 2017, no. 56) (http://www.osbarconstruction.com/news2017-10.pdf)

2016: “Oregon Construction Case Law Update 2016,” Construction Law Newsletter (October 2016, no. 54.) (http://www.osbarconstruction.com/news2016-10.pdf)

2015: “Oregon Construction Case Law Update 2015,” Construction Law Newsletter (November 2015, no. 51.) (http://www.osbarconstruction.com/news2015-11.pdf)

2015: “Narrowing the Scope of Subcontractor Indemnity” (http://www.fromthegrounduplaw.com/narrowing-the-scope-of-subcontractor-indemnity-04-14-2015/)

2014: “Time Limitations on Claims Arising From Construction Contracts: Best Practices in Light of Recent Court Rulings” (http://www.fromthegrounduplaw.com/3-of-3-time-limitations-on-claims-arising-from-construction-contracts-best-practices-in-light-of-recent-court-rulings-12-22-2014/)

2014: “Oregon Construction Case Law Update 2014,” Construction Law Newsletter (November 2014, no. 49.) (http://www.osbarconstruction.com/news2014-11.pdf)

2013: Labor and Employment: 2013 Oregon Legislative Update (http://www.millernash.com/labor-and-employment-2013-oregon-legislative-update-09-04-2013/)

2013: “Sticker Shock, Wrestling With Your First Pre-Bill,” Multnomah Lawyer (May 2013, vol. 59, no. 5) (http://www.mbabar.org/YLS/FuturesArticle-stickershock.html)

2012: “Fourth Amendment Status Update: Applying Constitutional Privacy Protection to Employees’ Social Media Use,” University of Pennsylvania Journal of Constitutional Law (February 2012) (https://www.law.upenn.edu/journals/conlaw/articles/volume14/issue3/Naito14U.Pa.J.Const.L.849%282012%29.pdf).