Kristin Asai
Partner
Kristin Asai
+1.503.517.2948
Overview
Kristin Asai is a Portland trial attorney who is well versed in all stages of commercial litigation. Ms. Asai successfully represents clients in state and federal courts, arbitration, and appeals. She handles business disputes across several practice areas, including contract and commercial lease disputes, class actions, trade secrets, securities law, business torts, environmental law, and shareholder and partnership disputes. She also has significant experience handling public records, public procurement, open meetings and other government litigation in Oregon and Washington.
Ms. Asai is a leader in the community and a strong advocate of diversity, equity and inclusion. Within Holland & Knight, she is the chair of the Portland office's Diversity Committee and serves on the nationwide Diversity Council. She is the treasurer of the Oregon Asian Pacific American Bar Association (OAPABA) Foundation, which is the charitable partner for the OAPABA, and is a former president of OAPABA. She is also passionate about the arts and arts education, and serves on the board of trustees for Oregon Ballet Theatre.
After law school, Ms. Asai was a law clerk for the Honorable Ancer L. Haggerty at the U.S. District Court for the District of Oregon.
Representative Experience
- Represented court-appointed fiduciary in asserting fraudulent transfer, intentional interference and related tort claims resulting in over $3 million recovery on behalf of estate in Washington state court
- Represented a financial services company in claims by receiver for investment pools alleging breach of fiduciary duty, negligence, and aiding and abetting breach of fiduciary duty arising from alleged Ponzi scheme in Washington state court
- Obtained summary judgment on behalf of a venture capital client on claims for violation of the Oregon Securities Law and fraudulent transfer in U.S. District Court for the District of Oregon
- Defending a financial services company in securities fraud class action brought by real estate investors alleging violation of the Oregon Securities Law in Oregon state court and the U.S. District Court for the District of Oregon, arising from alleged Ponzi scheme
- Obtained voluntary dismissal of claims against a professional services company in class action alleging sale of unregistered securities in the U.S. District Court for the Western District of Washington arising from cryptocurrency transactions
- Obtained dismissal of products liability action against a pharmaceutical client in the U.S. District Court for the District of Oregon
- Represented a government contractor in related class actions in the U.S. District Court for the Western District of Washington challenging fundamental business practices
- Defended food and beverage company in class action alleging violation of the California Consumer Legal Remedies Act (CLRA), unfair competition, breach of warranty and unjust enrichment in the U.S. District Court for the Northern District of California arising from wine labeling practices
- Defeated national class action at summary judgment on claims for breach of contract, civil conspiracy, unjust enrichment, breach of fiduciary duty and consumer fraud in the U.S. District Court for the District of Arizona arising from benefits provided under auto insurer’s medical payments coverage and defended victory on appeal at the U.S. Court of Appeals for the Ninth Circuit
- Defended an insurance client against putative class action alleging Washington consumer protection act violations in the U.S. District Court for the Western District of Washington, including defeating class certification
- Defended an auto insurer against class action claims for breach of contract related to payment of “diminished value” damages in Pierce County Superior Court and the U.S. District Court for the Western District of Washington
- Defended a national healthcare company against Telephone Consumer Protection Act (TCPA) and related state law claims in the U.S. District Court for the Western District of Washington
- Secured judgment as a matter of law against multimillion-dollar counterclaims in a retail contract dispute in Nevada state court
- Defended an international technology company in the U.S. District Court for the District of Oregon against petition for discovery to be used in German litigation, pursuant to 28 U.S.C. § 1782, resulting in dismissal of petition
- Obtained a seven-figure jury verdict on claims for breach of an oral distribution contract, breach of the duty of good faith and fair dealing and intentional interference with economic relations in the U.S. District Court for the District of Oregon
- Defended a major retail company against fraud and negligence claims asserting $14 million in damages in the U.S. District Court for the Southern District of Florida
- Represented a minority shareholder in prosecuting oppression claims seeking $25 million in damages in both Oregon state and federal court, Nevada state court and international arbitration
- Obtained injunction protecting national insurance company's trade secrets from disclosure through public records request in Thurston County Superior Court in Washington
- Represented a national food and beverage public contractor in bid protest litigation in Oregon state court
- Defended a food and beverage company against state regulatory action arising from wine labeling practices
- Obtained injunctions protecting a transportation client's trade secrets from disclosure through public records request in King County Superior Court in Washington
- Obtained dismissal of recall petitions against public officials and defended victory in Clark County Superior Court and Washington Supreme Court
- Defended a governmental entity against alleged violations of public meetings law and environmental law in Clark County Superior Court and Washington Supreme Court
- Obtained injunction against a local ordinance restricting farmers' property rights in the U.S. District Court for the District of Oregon
- Advised a biotechnology client on litigation involving state preemption of local law in multiple Oregon state courts
- Defeated $600 million trade secret claims under the Defend Trade Secrets Act (DTSA) at summary judgment on behalf of an energy company in the U.S. District Court for the Northern District of Illinois, and then defeated alternative claims in motions in limine
- Represented a manufacturing company in $80 million dispute with supplier resulting in claims for breach of contract, breach of fiduciary duty, fraud, unjust enrichment and trade secret misappropriation in arbitration
- Represented a franchisor in $15 million trade secret dispute in arbitration, including dismissing franchisees' fraud claims and obtaining order compelling arbitration
- Represented an international airline in CFAA action based upon unlawful scraping of online content in the U.S. District Court for the Western District of Washington
- Obtained dismissal of action for trade secret misappropriation resulting in payment of attorney fees to client in the U.S. District Court for the District of Oregon
Credentials
Education
- Northwestern School of Law of Lewis & Clark College, J.D., Certificate in Criminal Law and Procedure, cum laude
- The University of Utah, B.F.A., Modern Dance, cum laude
Bar Admissions/Licenses
- Oregon
- Washington
Court Admissions
- All State Courts in Oregon
- All U.S. District Courts in Oregon
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the Western District of Washington
- All State Courts in Washington
Memberships
- American Civil Liberties Union (ACLU) of Oregon, Lawyers Committee, Vice Chair
- Oregon Ballet Theater, Board Member
- Oregon Asian Pacific American Bar Association, Board Member, 2014-2020; Awards Committee Chair, 2015-2019; President-Elect, 2018-2019; President, 2019-2020
- National Asian Pacific American Bar Association
- Oregon State Bar, Legal Ethics Committee Member, 2013-2016; Secretary, 2015; Chair, 2016
- U.S. District Court for the District of Oregon, Pro Bono Panel
- Regional Arts & Culture Council, Right Brain Initiative Governing Committee, 2016-2017; Arts Education Committee, 2018-2019
- Business for Culture and the Arts, Art of Leadership Graduate, 2014
- Lewis & Clark Law School Mentorship Program
Honors & Awards
- Oregon Super Lawyers magazine, Super Lawyer 2022-2024; Rising Star, 2014-2020
- Chambers USA – America's Leading Business Lawyers guide, Litigation: General Commercial, Up & Coming, 2022-2024
- The Best Lawyers in America guide, Commercial Litigation, 2021-2025
- Forty Under 40, Portland Business Journal, 2021
- Women of Vision, Daily Journal of Commerce Oregon, 2020
- NAPABA Best Lawyers Under 40, 2020
- Holland & Knight Rising Star, Class of 2019
