Brooks M. Foster
Brooks is an experienced litigator and negotiator who uses his skills and knowledge of the law to help his clients resolve disputes, negotiate transactions, and achieve their goals. He has worked full time in private practice in Portland, Oregon since 2004, gaining expertise in a wide variety of complex areas of law, including environmental, insurance, land use, real estate, business, and administrative law. Brooks is known for his attention to detail, preparedness, written and oral advocacy, and aggressive pursuit of his client’s interests.
Brooks began his legal career in 2003 as a law clerk at the downtown Portland firm of Rycewicz & Chenoweth. In 2004, he became an associate attorney. In 2006, he helped Brian Chenoweth found the Chenoweth Law Group. In 2013, he became a partner in the firm.
Always striving to provide superior service and value, Brooks tailors his representation to the unique needs of each client and case. When a case requires it, he can assemble and lead a team of experts and other professionals while collaborating with co-counsel in or outside his firm. With smaller matters, he is just as comfortable devising strategies to achieve client goals within a limited budget.
In 2008, Brooks obtained a published opinion from the Federal Ninth Circuit Court of Appeals that reversed an adverse trial court ruling, leading to a substantial settlement for his client. Throughout his career, he has negotiated six- and seven-figure settlements and business and real estate transactions while representing hundreds of businesses, landowners, and individuals. He has prevailed at virtually every stage of the legal process, while becoming familiar with its risks and limitations. He is adept at using facts, legal authority, and the litigation process to generate leverage in settlement negotiations and position disputes for early resolution.
Brooks’ success in litigation has made him a trusted advisor to numerous business and transactional clients. From risk assessment and mitigation to strategic advice and negotiation, Brooks helps his clients navigate the complex business and regulatory challenges of the 21st century. Business formation and dissolution, defense of government enforcement actions, negotiation and drafting of real estate transactions and instruments, preparation of land use applications, insurance coverage claims and analysis—these are among the many services Brooks provides his diverse clientele.
Brooks is particularly adept in cases involving environmental claims and insurance coverage. When a business has been sued and needs help defending the case and obtaining insurance coverage for defense costs and settlement, Brooks knows how to help. These types of disputes can involve multiple lawsuits and numerous parties. Brooks has the experience to litigate, negotiate, and resolve even the most complex and adversarial environmental and insurance coverage cases.
Land use law is another important part of Brooks’ practice. He has spent countless hours studying the intricacies of state and local land use laws and court opinions. He has appeared at public hearings before city councils, planning commissions, and boards of county commissioners. He has prepared a variety of land use applications, and has helped his clients obtain relief in court from adverse local decisions and land use permit denials. When civil litigation among private parties implicates land use rights and issues, he uses his breadth of knowledge in these areas to put his clients at an advantage in resolving the dispute.
Cannabis law is a growing area of Brooks’ practice. Oregon’s move to legalization has created opportunities for numerous businesses and property owners, while leading to inevitable conflicts. Brooks has taken on difficult, precedent setting cases; he has advised growers and dispensary owners regarding regulatory compliance against a changing backdrop of statutes and administrative rules; he has negotiated leases and purchase agreements; he has negotiated and resolved business disputes; and he has prepared industry-leading land use applications.
Brooks’ practice is always growing and changing to meet his clients’ needs. He enjoys working closely with his clients to understand their unique situations, abilities, and limitations, while empowering them and facilitating achievement of their goals.
When not practicing law, Brooks enjoys spending time with his wife, son, and daughter, maintaining and improving his Portland home, hiking, biking, reading, listening to music, and eating good food. He is an avid whitewater kayaker with river descents in 18 states and Canada. He has logged over 70 runs each on the class V Little White Salmon, White Salmon, and North Fork Payette rivers. He has played the saxophone for over 30 years, performing at music venues and charity events with a variety of different bands. Brooks speaks intermediate Spanish and is learning Portuguese with help from his wife, who is a Brazilian citizen.
Brooks' paralegal is Skylar Washabaugh (firstname.lastname@example.org).
Areas of Practice
- 30% Environmental Services and Litigation
- 20% Insurance Coverage Services and Litigation
- 20% Land Use Services and Litigation
- 20% Real Estate Services and Litigation
- 10% Business Services and Litigation
- 70% of Practice Devoted to Litigation
- Oregon, 2004
- U.S. District Court District of Oregon, 2005
- U.S. Court of Appeals 9th Circuit, 2008
- Lewis and Clark College Northwestern School of Law, Portland, Oregon
- J.D. cum laude - 2004
- Honors: Environmental Certificate
- Law Review: Environmental Law Review, Managing Editor, 2002 - 2004
- Dartmouth College, Hanover, New Hampshire
- B.A. cum laude - 1999
- Major: Philosophy
- Employee and Community Right-to-Know Laws, 2006 Supplement, Oregon State Bar Continuing Legal Education, Supp, 2006
- Case Law Update, Envtl & Nat Rscs Section of the Bar, 2009
Past Employment Positions
- Rycewicz & Chenoweth, Associate Attorney, 2004 - 2006
- Rycewicz & Chenoweth, Law Clerk, 2003 - 2004
- Holderness School, Faculty, 1999 - 2001