Paul B. Barton

Paul Barton maintains a vibrant business and real estate practice that includes both transactional and litigation matters. By actively representing clients in Oregon, Washington, Arizona, and Utah, Paul has an in-depth knowledge of law that allows him to navigate the nuances in the law throughout the western region. In addition, with an M.B.A degree from the W.P. Carey School of Business at Arizona State University, and a prior business career with Coca-Cola, he has a unique insight that allows him to better understand the legal needs of his clients.

As a business and real estate lawyer, Paul assists owners, developers, lenders, franchisees, tenants, and other clients with retail and office leases, real estate acquisitions and dispositions, corporate finance, loan workouts, and other transactional matters.

As an experienced litigator, Paul regularly handles disputes involving business and real estate litigation, including contract disputes, shareholder disputes, construction defects, employment matters, non-compete and trade secret cases, securities fraud, foreclosures and receiverships, and other matters.

Real Estate Leasing

• Outside real estate counsel for Dutch Bros. Negotiated over a hundred retail leases and purchase agreements throughout Oregon, Washington, Colorado, Nevada, Arizona, Idaho, and California.
• Negotiated numerous office leases for a national telecommunications company, in more than a dozen states.
• Negotiated numerous office leases for various franchisees and business clients, including a 25,000 sq. foot office lease for the headquarters for a growing engineering company.

Real Property Finance, Acquisition, and Disposition

• Represented the owners of the Sunset Media Tower in Hollywood, California in a $76 million sale.
• Represented a healthcare company in financing and acquiring a skilled nursing home and assisted living facility in Arizona in a $7.25 million deal.
• Represented a REIT in the acquisition of a 10-story commercial office building in a $7.7 million deal.
• Negotiate numerous loans with national lenders; assist with all aspects of closing; and provide legal opinions.

Real Estate Property Disputes

• Obtained a $3.4 million and $1.9 million arbitration award against master lessees affiliated with the Moody National Companies for breach of contract.
• Represented an owner of commercial property that involved the lapse of a multi-million dollar lease option.
• Defended various real estate development companies in Arizona against deficiency actions related to foreclosed real estate property in Arizona, including claims for an $8 million and $1.2 million deficiency.
• Litigated disputes involving adverse possession, easement rights, nuisance and trespass claims, and boundary disputes.

Real Estate Investment and Securities Fraud

• Represented over 30 investors against 90 plus defendants in a multi-million dollar real estate and securities fraud matter involving commercial retail shopping centers located in Arizona and California.
• Defended a residential real estate development company and its directors against claims of securities fraud relating to a 535-lot subdivision in Arizona.
• Represented companies and individuals accused of running a $35 million Ponzi scheme involving concert promotions in Arizona.
• Represented investors in a securities fraud action related to unsecured promissory notes used to finance the refurbishment of residential real estate.

Construction Defect/Disputes

• Defended developer against water intrusion issues related to the construction of a single family home.
• Represented an engineering company against claims relating to liability on construction contracts.
• Represented contractors and subcontractors in foreclosing construction liens against properties.
• Represented homeowners in a breach of contract and fraud action against a developer for its failure to disclose the presence of expansive soils on their property.

Employment/Contract Litigation

• Represented two employees and their new employer against two lawsuits filed in Virginia and Florida Federal courts involving alleged violations of trade secret and confidentiality obligations.
• Represented a cancer doctor in an effort to collect over a million dollars in unpaid compensation.
• Represented various employers in enforcing non-compete and non-disclosure agreements.
• Litigated numerous disputes involving breach of contract, shareholder rights, breach of fiduciary duty, misrepresentation, and other tort claims.

Legal Presentations

• Arbitration clauses: what you thought you knew but didn’t. (Oregon State Bar, Real Estate and Land Use Section Annual Summer Conference, Lincoln City, Oregon, August 9, 2018).
• Prescriptive Easements (IRWA Right of Way Symposium, October 12, 2017, Portland Oregon, co-presenter with Alan Brickley).
• Prescriptive Easements (The Seminar Group, Portland, Oregon, February 10, 2017).
• Adverse Possession: A real estate primer. (Oregon State Bar, Real Estate and Land Use Section Annual Summer Conference, Bend, Oregon, August 7, 2015).
• Assessing Risks and Reducing Liability. (BOMA, Portland Oregon Chapter, Portland, Oregon, September 17, 2014; Wyse Real Estate Partners, Portland, Oregon, September 7, 2016).
• Claims Against Title Insurers: Remedies of the Seller and the Buyer. (Oregon Law Institute CLE: “Real Estate 101: A Toolkit for the Real Estate Practitioner,” Portland, Oregon, December 2, 2011, co-presenter with Alan Brickley).
• The Letter of Intent and Tricky Lease Terms. (Portland, Oregon: Capacity Commercial Group, February 26, 2013; Norris Stevens, May 1, 2013; CBRE, November 13, 2013)

Published Articles

• Tenth Circuit Shocker: Growing, Processing, Distributing, Selling, or Other Use of Recreational Marijuana Could be Considered Racketeering Oregon Real Estate and Land Use Digest, Vol. 39, No. 3 (June/July, 2017).
• Utah rejects strict construction of restrictive covenants. Will Oregon follow? Oregon Real Estate and Land Use Digest, Vol. 38, No. 4 (August, 2016).
• Adverse Possession and Prescriptions Oregon Real Estate Deskbook, Chapter 12, §12 (Oregon State Bar, 2015).
• Circular Lien Priorities: Utah Adopts the Majority Rule Oregon Real Estate and Land Use Digest, Vol. 37, No. 2 (May, 2015).
• Utah Court Upholds Contract that Violates Zoning, Oregon Real Estate and Land Use Digest, Vol. 36, No. 5 (Dec., 2014).
• Know the Market When Negotiating Leases, Portland Business Journal (October 15, 2012).
• Three Ways to Avoid Mistakes When Tenants Default, Portland Business Journal (October 15, 2012).