Alison L. Plessman

I n 2015, Alison L. Plessman was a founding partner of Hueston Hennigan LLP, where she focuses on trial practice and complex litigation. She represents clients in matters involving securities fraud, copyright infringement, wildfire litigation, trade secret theft, breach of contract and professional negligence.

"Covid didn't slow us down," she said. "These last two years have been our busiest ever. Litigation doesn't stop just because there's a virus. People are starting to come back to the office now, but I think people have been even more productive without a commute."

As wildfire season arrives, Plessman is dealing with an important question for the litigation fallout from the 2020 Labor Day Fires in Oregon: whether a proposed class action by those impacted can be certified.

Plessman represents PacifiCorp and its Pacific Power unit, the electric utility that provides service in Oregon and Northern California. The 2020 wildfires are reported to have killed nine people and destroyed at least 4,000 homes in eight different counties. To date, 17 lawsuits, including the potential class action, have been filed on behalf of thousands of plaintiffs.

"These are keeping me and the firm busy now," she said. "The motion for class certification is coming up in May. The plaintiffs haven't cited a single case where a wildfire class action has been certified. We know that have been none in California, and the question is whether Oregon will take a different path." James v. PacifiCorp, 20CV33885 (Multnomah Co. Cir. Ct., filed Sept. 30, 2020).

In her opposition to class certification, Plessman listed six issues requiring proof regarding each potential class member's claims and contending that each requires individualized analysis--a situation she argued defeats class treatment.

"In sum, Plaintiffs' allegations and testimony... make clear that each proposed class members' case is unique and does not belong in a class action," she wrote.

Plessman obtained appellate affirmation of a preliminary injunction against the defendants in a case where she represented minority shareholders of SweeGen Inc., the maker of food and beverage sweeteners. The complaint she filed alleged breach of fiduciary duties, self-dealing, securities fraud and conspiracy against the company and its officers. ODG SweeGen LLC v. Chen, G059226 (4th DCA, op. filed June 29, 2021).

The appellate panel agreed that Plessman's clients had shown a likelihood of success on the merits of the case. In January 2022, the parties agreed to settle the matter, subject to the trial court's approval.

She's also defending Broadcom Inc. in a copyright infringement case; her motion to dismiss is pending. SNMP Research Inc. v. Extreme Networks Inc., 3:20-cv-00451 (E.D. Tenn., filed Oct. 26, 2020).

"This is a case where the plaintiff seeks significant damages," Plessman said.

- John Roemer