Todd R. Johnston

Todd R. Johnston
Practice Emphasis

Licensed to practice in Oregon, Washington and Idaho


University of Oregon School of Law, J.D. (1999)
The Colorado College, B.A. (1995)

Todd is a partner of the firm, graduated from the University of Oregon School of Law in 1999 and joined Hershner Hunter in 2005. He has been practicing litigation in Eugene since 1999 and specializes in complex civil litigation, including business and commercial litigation, environmental law, construction disputes, real property disputes and appellate work. Todd currently serves as the litigation practice group leader and is a regular speaker at the University of Oregon School of Law on various litigation topics.

Todd is a member of the Oregon, Washington and Idaho State and Federal Bars, and is admitted to practice before the 9th Circuit Court of Appeals. Todd routinely litigates corporate and commercial disputes including both the prosecution and defense of claims against directors and officers. Todd has also recently served as general counsel for a large manufacturing client which included the litigation and management of local counsel in hundreds of cases across the country.

Todd currently serves as a mentor in the Oregon State Bar Mentoring Program, chairs the Environmental Law section of the Lane County Bar Association, serves on the board of the Lane County Bar Association, serves on the Steering Committee for the Lane County Campaign for Equal Justice, has an AV rating from Martindale-Hubbell, is listed as one of the Best Lawyers in America®, has served as a Lane County Planning Commissioner, received the Andrew Clement Award for pro bono work with Lane County Legal Aid and coached the Springfield High School mock trial team. Todd has written several articles including, “The Role of International Equity in a Sustainable Future, The Continuing Problem of Third World Debt and Development” 6 Buff. Envir.L.J.1, 35 (1998) and “Redefining the Economic Loss Rule, The Oregon Courts’ Progress Toward Limiting the Scope of Negligence Liability,” Litigation Journal, Vol. 23, No. 3 (2004).

Todd enjoys fly fishing, surfing and golf. He is a member of the Deschutes Club and spends a significant amount of time with his family fishing on the Deschutes or visiting extended family on the southern Oregon coast.

Representative Experience

Defended large direct-broadcast satellite service provider against claims of breach of contract by the owner of several television stations.  The television station owner unsuccessfully attempted to obtain an emergency temporary restraining order prohibiting the re-transmission of local stations (also known as a “black-out”) for approximately 80,000 Oregon residents.  After eight months of litigation, the case was resolved without any interruption in service.

Brought claims on behalf of manufacturer of recycling equipment against purchaser’s lease-finance lender for breach of contract and defended claims of breach of contract and breach of warranty claims brought by purchaser, which were in excess of $40 million. After a four week international arbitration, obtained an award in excess of $2 million against purchaser’s lender for the remaining unpaid purchase price and attorney fees.

Defended a local manufacturer in a breach of contract action in which an inventor alleged that our client had misappropriated trade secrets. Inventor sought approximately $40 million in damages, equitable relief and attorney fees. After a three week jury trial, obtained verdict in favor of client on all claims and a judgment against inventor for attorney fees and costs incurred in the defense.

Brought RCRA claim on behalf of property owner whose real property had been historically used by Lane County, without permission, to dispose of solid waste. Though Lane County denied liability, the case was ultimately settled in exchange for payment in excess of $350,000.

Brought claims against seller of former mill site for failure to disclose environmental contamination and sought recovery of clean up costs.  Though seller denied liability, case was settled for a confidential amount.

Represented national manufacturer in defending customer’s breach of warranty and Unfair Trade Practices Act claims in which customer sought in excess of $200,000. After multi-day jury trial, obtained judgment in favor of manufacturer on all claims.

Brought claims on behalf of local manufacturer against Owens Corning for breach of contract and breach of warranty relating to defective fiberglass material and sought damages in excess of $7 million. Though Owens Corning denied liability, case was settled for a confidential amount.

Represented seller of residential property in defending claims brought by purchaser for breach of contract and fraud. After multi-day jury trial, obtained judgment in favor of seller, including recovery of attorney fees incurred in the defense.

Regularly advise clients in the manufacturing, sales and construction industries regarding risk avoidance, contracting issues and early resolution of disputes.

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