Law Professor David A. Friedman quoted in articles explaining Oregon v. Oracle's escalating legal cost and tactics

by Raymond Penney,

  • Professor David Friedman
    Willamette University Professor of Law David Friedman

Commercial law expert and Willamette University Associate Professor of Law David A. Friedman was quoted in articles appearing in the Oregonian, Portland Tribune and Portland Business Journal (PBJ) reporting on the escalating cost and legal tactics involved in Oregon v. Oracle. The cost to Oregon in its battle with Oracle over who is to blame for the Cover Oregon website debacle has reached $16 million. As the escalation of legal tactics continue, the Department of Justice (DOJ) estimates the cost of the lawsuit could top $27 million by April 2017.

The DOJ hired Markowitz Herbold, a law firm located in Portland, Ore., to handle the case for the state. In their initial complaint accusing Oracle of botching the multi-million dollar Cover Oregon job, they also accused the company of fraud, false claims and racketeering violations.

"Markowitz got really aggressive with its initial complaint," said Friedman in the Oregonian article. "In layering on fraud and racketeering, they made this harder to resolve. I'm not sure what they thought they had to gain."

The Oregonian reports that Oracle has responded by employing hardball tactics of its own, accusing the state’s "ethically-challenged and hopelessly conflicted lawyers" of withholding key information from Oracle in the discovery process. Oracle argued that the state improperly withheld certain portions of testimony from David Jurk, a former Oracle contractor, who emerged as a key witness for the state.

About David A. Friedman

David A. Friedman is an associate professor of law at Willamette University College of Law, where he teaches commercial law, business law, torts, and consumer trade practices law and his scholarship focuses on behavioral economics, contract theory, advertising law, and public health. Friedman received the Jerry E. Hudson Award for Excellence in Teaching in 2012. His publications have appeared in leading law journals and large-circulation public media.

About Willamette University College of Law

Opened in 1883, Willamette University College of Law is the first law school in the Pacific Northwest. The college has a long tradition at the forefront of legal education and is committed to the advancement of knowledge through excellent teaching, scholarship, mentoring and experience. Leading faculty, thriving externship and clinical law programs, ample practical skills courses, and a proactive career placement office prepare Willamette law students for today's legal job market. According to statistics compiled by the American Bar Association, Willamette ranks first in the Pacific Northwest for job placement for full-time, long-term, JD-preferred/JD-required jobs for the class of 2014 and first in Oregon for the classes of 2012, 2013 and 2014. Located across the street from the state capitol complex and the Oregon Supreme Court in downtown Salem, the college specializes in law and government, law and business, and dispute resolution.