Negotiated and drafted trademark license agreement and coexistence agreement involving international entities and trademarks.
Defended client against claims of unjust enrichment, negligent misrepresentation, violation of Washington Consumer Protection Act, negligence and conspiracy.
Represented plaintiff in employee raiding and trade secret case
Burden of proof in claims for coverage of environmental contamination.
Challenge to federal feeding assistant regulations under Nursing Home Reform Law. (Amicus)
Shipowner’s “turnover” duty under federal Longshore and Harbor Workers’ Compensation Act.
Excessiveness of punitive damages. (Amicus)
Privacy claims arising out of third party’s misappropriation of customer’s credit information.
Job targeting program protected from antitrust challenge.
Breach of contract.
Represented the defendant against a claim brought by a former employee who alleged whistleblowing violations and wrongful discharge.
Class action, Washington Consumer Protection Act.
Class action, mortgage contract.
Class action, RICO.
Class action, fuel consumption/consumer protection.
Class action, insurance.
Class action, RICO — prescription drug pricing.
Wage and hour compliance.
Wage and Hour compliance.
Advised Turning Point — in its capacity as general receiver — in the sale and liquidation of Briggs Nursery, LLC.
Defended design professional against claims brought by a general contractor of cost overruns allegedly caused by errors and omissions in design documents.
Provide general counsel services to a large national senior living, healthcare and residential community provider.
Counsel client on business, regulatory and resident matters.
Assisted a long term care provider in successfully resolving complex case involving license revocation and replacement of management companies. Matter involved defending client in an Oregon Department of Justice Uniform Trade Practices Act investigation, resolving related elder abuse litigation, and sale of facilities.
Successfully represented multiple providers in complex resident transfer cases involving resident behavioral and/or payment issues.
Provide effective risk management strategies involving contentious resident issues.
Provide regulatory advice and guidance on HIPAA compliance.
Counsel to CHG International, Inc. in Chapter 11 case.
Counsel to Washington Federal as a secured creditor in Cascade Ag Services’ Chapter 11 case.
Obtained dismissal of condominium water damage claim on summary judgement.
Obtained a jury verdict in favor of insurer in a large condominium water damage claim.
Obtained dismissal of condominium water damage claim on summary judgment.
Obtained judgment in favor of life insurer.
Represented Korean CRT manufacturer and subsidiaries in alleged price fixing suit brought by antitrust section of Washington Attorney General’s Office on behalf of the state and as a parens patriae on behalf of Washington consumers.
Represented Korean LCD manufacturer and subsidiaries in alleged price fixing suit brought by antitrust section of Washington Attorney General’s Office on behalf of the state and as a parens patriae on behalf of Washington consumers.
Received successful settlement of borrower class action regarding alleged property preservation activities in the State of Washington.
Represented skilled nursing survey in appeal and independent informal dispute resolution of survey (immediate jeopardy) findings and related imposition of penalties, related to allegations that facility failed to ensure residents were safe from sexual abuse, including alleged resident-on-resident abuse.
Represent skilled nursing survey in informal dispute resolution of survey (immediate jeopardy) findings and related imposition of penalties, related to allegations that facility failed to ensure residents were safe from abuse through neglect (related to allegations of inadequate care planning and response to change of condition).
Defended assisted living / memory care community and management company against claims that community negligently failed to take appropriate precautions to address certain risks associated with resident’s alleged conditions, including dementia, resulting in an injury that allegedly caused the resident’s death.
Represented assisted living facility in administrative hearing where resident was involuntarily discharged for non-payment of fees, but where resident argued that discharge was nonetheless retaliatory.
Represented assisted living facility in administrative hearing where resident was involuntarily discharged because resident’s complex medical condition had deteriorated to the point where resident required higher level of care that community could provide.
Defended adult foster home against Department of Human Services in contested case matter to oppose DHS’ imposition of conditions on license. Negotiated terms and conditions to lift of conditions.
Represented administrator of assisted living facility to obtain anti-harassment protection order against involuntarily discharged resident who threatened to murder administrator. Employer also retained security guards related to this matter.
Represented northwest employer in analyzing issues related to misconduct committed by former employee who is regulated by various agencies, and assisting employer to through process of reporting to various regulatory agencies.
Represented national senior living and long term care provider with respect to HIPAA and other privacy concerns implicated when its medical staff was subpoenaed to testify as a third-party witness in a lawsuit. Negotiated with counsel in the preparation and entry of an appropriate Protective Order, including appropriate procedures to comply with HIPAA and otherwise comply with privacy rights and duties.
Prepared training materials for use by professional trade group organization with respect to development, implementation and enforcement of appropriate social media policies for HIPAA-covered entities’ and other care providers.
Prepared HIPAA and other privacy related policies for developer of online-accessed health-related application.
Represented national owner of nursing communities to obtain judgment against estate of former resident to collect unpaid fees for services provided to resident.
Represent professional contractor in claims against business (and related insurance company) related to property damage caused by operator of business’ motorized vessel which was operated at excessive speed in a no-wake zone.
Represented Diking District in challenge to method by which District developed its benefit assessment roll.
Represented taxpayer in matter addressing how receipts from money transfer services are sourced. Department subsequently adopted trial court's ruling for taxpayer in a published excise tax advisory.
Obtained a judgment in favor of insurer on de novo review of an ERISA disability claim.
Obtained a dismissal of claims for health care coverage.
Obtained a dismissal of claims by terminated health care provider.
We obtained a dismissal of gender discrimination claims (WL 711523).
Obtained dismissal of appeal from involuntary discharge brought by disgruntled and highly disruptive assisted living resident.
Obtained summary judgment dismissal of claim by former owner of property asserting that life estate precluded non-judicial foreclosure.
Obtained summary judgment dismissal of claim to unwind trustee’s sale of residential property.
Obtained dismissal of wrongful foreclosure lawsuit including affirmance of trial court decision before Court of Appeals.
Obtained summary judgment dismissal of post-sale “wrongful foreclosure” lawsuit filed against banking client.
Represented landlord in three day federal court bench trial and obtained judgment against tenant for unpaid maintenance expenses, attorney fees and costs.
Obtained summary judgment in favor of employer in personal injury lawsuit alleging negligent driving by employee.
Obtained defense verdict absolving defendant of all liability in lawsuit alleging product defects in a commercial dryer.
Obtained defense verdict absolving defendants of all liability in lawsuit alleging product defects in consumer range.
Successfully lifted certificate of need Medicaid condition on relocation of nursing home beds
Certificate of need for new Medicare- and Medicaid-certified hospice agency
Defending state-issued certificate of need for psychiatric hospital against challenge by competitors
Represented foreign representative in one of the first Chapter 15 Bankruptcy Cases filed in the U.S.
Represented Fortune 50 manufacturing facility in contract dispute with Utility District regarding jointly operated electric co-generation plant; obtained arbitration award granting client 100 percent of claim.
Represented defendant sellers in dispute over sale of car dealership; the arbitrator rejected plaintiff buyers’ claims and awarded defendants a monetary judgment and indemnity claims totalling $1.5M.
Represented community bank in appeal of agency’s rejection of a $4M loss claim under federal loan guaranty; agency rejection overturned on appeal by Agency Director after two-day hearing; 100 percent of claim allowed.
Represented selling shareholders in dispute over sale of company and obtained an arbitration award for $1.35M on post-sale earn out clause.
Represented defendant seller in dispute over sale of electronics manufacturer; claims of rescission, breach of warranty and misrepresentation; successfully settled after extensive motion practice and two weeks before jury trial.
Represented defendant oil company in gas pricing and franchise dispute against 20 station marketer; six-week jury trial; defense verdict.
Represented biotech company in arbitration over multi-million dollar investment banking fee claim; three-day arbitration hearing with complete victory for client.
Represented retail store in lease assignment dispute; summary judgment in favor of client.
Represented oil refinery in wrongful death cases arising from refinery explosion.
Represent two cogeneration companies in contract dispute with major electrical utility; case value $260M; settled with full payment to clients.
Represented lessor in declaratory relief case against tenant one-week bench trial.
Represent trustee in lot line dispute; two-week jury trial with complete victory for client.
Represented foreclosing seller in commercial property dispute; foreclosure affirmed on appeal.
Represented putative franchisor in franchise dispute under Washington Franchise Investment Protection Act; summary judgment affirmed on appeal.
Represented paper manufacturer in dissenting minority shareholder valuation; co-counsel in four-week bench trial; victory for client.
Represented franchisee in franchise dispute under Washington Franchise Investment Protection Act; partial summary judgment and two-week bench trial on damages.
Represented vineyard owner in dispute with adjoining property owner over water rights in well; summary judgment for clients allowing development of extensive additional vineyards.
Represented plaintiff in federal condemnation of pipeline under the Natural Gas Act.
Remand of ERISA long term disability claim.
Defended employer against alleged employment discrimination and retaliation.
Alleged breach of contract.
Obtained dismissal of putative Class Action for client Wells Fargo.
Alleged age discrimination in employment.
Termination of probationary employee.
Termination of employment.
Termination of employment for immorality.
Legality of public employee strike.
Change of benefits under collective bargaining agreement.
Represented Custom Disability Solutions against an ERISA claim seeking long-term disability benefits.
Defended the Borough against alleged wrongful termination and age and gender discrimination claims.
Defended employer against wrongful termination and retaliation claims.
Defended employer against alleged sexual harassment claims.
Defended client against alleged mortgage fraud claims.
Complex claim for medical services reimbursement.
Defended client in alleged wrongful termination suit.
Defended client against alleged discriminatory failure to promote claim.
Advised client in complex multiparty construction dispute.
Defended school district against student sexual assault allegations arising from failure to supervise.
Defended client against claim of wrongful termination and interference with contract.
Defended school district against claims arising from a student's injury in physical education class.
Defended employer against claims of alleged employment discrimination and retaliation.
Defended client against alleged age discrimination in employment.
Counseled client in complex dispute regarding road construction and alleged damages to buried utilities.
Advised Voicecom Systems with regard to a $50M secured term loan and revolver.
Advised InFocus Corporation in $5M Series A Preferred Stock venture funding.
Obtained $16M settlement for Rentrak Corporation in connection with breach of contract and fraud suit against Hollywood Video.
Represented Rentrak Corporation in $20M spin-off transaction.
Represented Rentrak Corporation in $10M secondary public offering of common stock.
Assisted TRW Inc. with a $500M self-tender offer.
Defending employer against discrimination claim.
Defended employer against claims of national origin and disability discrimination.
Defended employer against a claim filed with the Anchorage Equal Rights Commission by a former employee claiming discriminatory termination based on disability.
Defended employer against Anchorage Equal Rights Commission complaint.
Defended employer against claims of discrimination.
Assisting client with Alaska State Commission for Human Rights discrimination complaint.
Defending client regarding wage and hour claims.
Defending employer against Anchorage Equal Rights Commission complaint.
Defending employer against claims of discrimination.
Defended employer against discrimination claims relating to national origin and sex.
Representing Ahtna in a contract and employment lawsuit.
Advised the Special Committee to the Board of Directors of a business financing solutions company in connection with a stock split.
Represented shareholders of Washington Mutual, Inc. in suit to force annual shareholders meeting.
Represented Toyota Tsusho Corporation in acquisition of C.B. Equipment Co.
Represented Movie Gallery, Inc., in conversion of approximately $68M of first lien debt to equity.
Defended Underwriters in $120 million construction defect/bad faith claim.
Represented excess insurer in Federal False Claim Act (pharmaceutical).
Defended bad faith insurance claim.
Defended vessel in 33 USC § 905(b) suit (quadriplegic).
Represented owners’ interest in total loss mega-yacht fire.
Defended manufacturer (product liability/traumatic amputation).
Prosecuted defective vessel construction.
Represent London Underwriters in $100 million subrogation/fire loss action.
Products liability/wrongful death.
Limitation action/loss of all hands wrongful death claims.
Head of the Joint Defense Counsel in Alcoa v. Accident and Casualty on behalf of Lloyd’s of London, an environmental coverage litigation.
Lead trial counsel representing Lloyd’s of London in Boeing v. Aetna, an environmental coverage litigation.
Head of Joint Defense Counsel in Paccar v. Alba, et al., on behalf of Lloyd’s of London, an environmental coverage litigation.
Appellate counsel for defendant property owners in the first case nationally to apply Dolan v. City of Tigard’s principle of rough proportionality to the evidentiary use of exactions in condemnation cases.
Reversed order denying arbitration in claim against nursing facility.
Advised Royal Bank of Canada with respect to a Canadian helicopter company, with affiliate companies based in Alaska, in multiple Canadian and U.S. bankruptcy matters.
Served as counsel for creditor oil service company in the bankruptcy reorganization of an oil and gas company.
Served as secured lender’s counsel in Chapter 11 of food wholesale distributor in rural Alaska.
Served as debtor’s counsel for Chapter 11 of sawmill.
Served as counsel for creditor aircraft lender in air taxi Chapter 11 case.
Served as counsel for timber owner in Chapter 11 of logging company.
Served as counsel for flight attendants union.
Served as bankruptcy counsel for seafood processor in reorganization under Chapter 11.
Served as counsel for creditor aircraft lender.
Arbitration Agreement enforced in context of claim against nursing facility.
Multiple claims related to software systems designed for pathology laboratories.
Won an arbitration award and judgment for copyright infringement for architectural works against a leading manufacturer of homes.
Lead attorney for two-week jury trial in commercial landlord/tenant case resulting in approximately $968k judgment for our client.
Resolved a right of publicity (personality rights) case brought by a former model.
Represented owner in condemnation of land affected by wetlands, obtaining substantial increase in compensation based on revised wetlands delineation.
Represented shopping center owner in condemnation of land and access, obtaining settlement for increased monetary compensation and the preservation of highway access.
Represented City in condemnation of substantial utility assets. Successfully defended challenges to condemnation authority, after which the case and related contract litigation was settled.
Defended property owner, obtaining recovery following trial of more than $98,000, including fees, against ODOT alleged value of $10,500.
Successfully defended 5-year “test case” condemnation litigation and negotiated multi-state agreement for railroad and utility crossings.
Co-counsel for plaintiffs in a successful class action for employer beneficiaries of the State Accident Insurance Fund.
Counsel for defendant property owner in the leading Oregon decision on valuation of transportation corridors. (rev denied 305 Or 671)
Counsel to Burns Bros, Inc. Inc., obtaining an injunction requiring ODOT to condemn property owners’ rights of access prior to closure of a frontage road.
Represented Wells Fargo Bank on a revolving credit facility secured by a portfolio of Alaska, Washington, Arizona and Texas residential apartment buildings.
Defended the insured, Sterling Bank, to a favorable jury verdict in which the plaintiff alleged discrimination and wrongful termination based on her perceived sexual orientation.
Defended employer against claims of discrimination and wrongful termination based on race, national origin and retaliation.
Defended school district and principal in a suit by a minor student and her parents asserting damages inflicted as the student was the victim of bullying and cyber-bulling.
Represented KeyBank as regional northwest counsel on various land development and other loans to borrowers in Oregon, Washington and Alaska, as well as on a variety of defaulting real estate loans.
Represented Mary Byrne, the owner of Nissan of Fife, LLC, in an appeal of an adverse ruling issued by an Administrative Law Judge regarding Byrne's attempt to transfer her dealership to another existing dealer.
Income tax, Department of Revenue (DOR) motion for partial summary judgment denied. Taxpayer not required to report income as business income or non-business income uniformly in each state.
Represented former CEO and director of Northwest Pipe, Inc., in a federal class action securities lawsuit and a related derivative lawsuit filed, as well as an SEC fraud investigation.
Defended big box retailer in case alleging the company failed to timely pay associates at the time of the termination of their employment. A favorable settlement was achieved and approved by the court.
Defended the Borough and several of its employees in a lawsuit alleging inadequate supervision and negligent hire in the context of an altercation and alleged injury at a Borough operated athletic facility.
Represented Wah Chang in a matter arising out of the manipulation of the Western electricity markets during 2000 and 2001, during which period Wah Chang paid extraordinary prices to its electricity supplier, PacifiCorp, pursuant to a contract tied to a market index.
Defended Tanana Chiefs Conference against alleged wrongful termination and breach of contract claims by former in-house counsel.
Oregon income tax, settlement, substantial tax refund.
Defended employer against claims of wrongful termination, gender discrimination and retaliation.
(In re WTD Industries, Inc.) Federal income tax; settlement, substantial tax refund.
Defended employer against wrongful termination, national origin discrimination, and violation of the covenant of good faith and fair dealing claims.
Income tax, partial summary judgment for American Honda. Interest income on car loans purchased by finance subsidiary and on wholesale loans by finance subsidiary to dealers not sourced to Oregon.
Represented Robert Steinberg, the general receiver of a local development company that owns a partially completed condominium project, in completion and sale of the units.
Summary judgment for AT&T, $3,000,000 income tax refund.
Obtained summary judgment for Tanana Chiefs Conference, dismissing employee’s wrongful termination claim and achieving substantial award of costs and attorney’s fees against the plaintiff.
Obtained dismissal in alleged race discrimination claims against employer.
Defended TracFone and big box retailer against claims that the defendants’ sales of prepaid wireless phone cards are in violation of the Washington Gift Card Statute and Consumer Protection Act.
Represented a sizable forestry services company, in connection with all labor matters arising out of the sale of its forest product operations in Washington state.
Represented sellers in dispute with buyer over the sale of large car dealership group; obtained favorable arbitration result after two-week arbitration before three arbitrator panel.
Represented former CEO and director of Northwest Pipe, Inc., in a federal class action securities lawsuit.
Defended employer against a claim of disability discrimination (failure to accommodate) processed by Alaska State Commission for Human Rights (ASCHR).
Defended Shell against a lawsuit arising from the explosion of a refinery in Anacortes, Washington, 12 years after Shell had sold the subsidiary that owned the refinery to Tesoro.
Represented big box retailer in four major wage and hour class action lawsuits pending in the states of Alaska, California and Oregon, as well as consumer-based class allegations under gift card and consumer protection laws in the state of Washington.
Defended Mcdonnell Douglas and obtained a Products Liability Defense Verdict against 34 plaintiffs after three month trial.
Successful defense of client Cray, Inc. in motions to dismiss in companion federal and state court shareholder derivative actions.
Obtained dismissal of target defendant Prudential by motion to dismiss on eve of trial in bondholders’ securities litigation.
Successful settlements in companion securities and shareholder derivative actions.
Saipan Sweatshop Litigation — Civil RICO Class Action regarding Saipan garment manufacturing industry.
Represented client Texaco in a Contract Employee Class Action successfully defeating class certification.
Represented Northwest Care West Seattle, Inc. in a jury trial.
Private arbitration matter (NASD Arbitration). Obtained very favorable decision for employer in dispute filed by former VP, alleging contract and quasi-contract claims seeking incentive bonus payments.
We represented Fluke Corporation against false advertising claims filed by a competitor, FLIR Systems, Inc., in a nine-day jury trial at the U.S. District Court of Oregon.
Represented global nutritional products company in suit involving alleged trademark infringement and breach of contract.
Co-counsel to Metropolitan Mortgage & Securities Co. Inc., debtor in Chapter 11 case.
Representation of Chase Manhattan Bank in Vanguard Electronics, Inc.
Representation of General Electric Capital Corporation in TreeSource Industries, Inc. and Quality Bankruptcy.
Representation of Western Farmers Association, debtor in a Chapter 11 case.
Represented Official Committee of Unsecured Creditors in Inside Sports magazine.
Successfully obtained complete dismissal on summary judgment of a multimillion dollar negligence and negligent misrepresentation claims against a design consultant by a subcontractor on a public works utility project.
Successfully defended Evergreen Safety Council in defeating a copyright infringement claim filed by RSA for the use of traffic safety diagrams and text.
Represented equity committee in corporate debtor’s $1.44B bankruptcy.
Represented Credit Suisse, as administrative agent for a cross-collateralized credit facility with $34M exposure in Chapter 11 case filed by Christian Family, LLC.
Won motion to exclude class of claimants (405 people) based on EEOC's discovery tactics and thereafter negotiated much more favorable resolution to the case.
Defending Skechers, as local counsel, against trademark and trade dress infringement, dilution, unfair competition and breach of contract claims asserted by adidas.
After defending assisted living community in week-long administrative hearing against Department of Human Services’ penalty and finding of abuse related to death of resident, defended same assisted living facility against civil lawsuit wrongful death allegations based on same underlying incident.
Represented national senior living and long term care owners against claim processing contractor related to processor’s negligent and untimely claims processing and unpaid claims.
Represented skilled nursing facility in administrative hearing where resident was involuntarily discharged from facility for ongoing dangerous conduct that included death threats against facility’s administrator and violent conduct directed at vulnerable residents.
Defended residential care facility employer against former caregiver employee’s whistleblower retaliation lawsuit, related to Department of Human Services’ investigation of alleged resident abuse. Employee claimed employer retaliated against and terminated employee because employee reported alleged safety and resident abuse violations to the DHS.
Represented skilled nursing facility with respect to a ransomware incident, including investigation of incident, HIPAA breach analysis and notice issues, and appropriate mitigation and response issues.
Represented skilled nursing facility and its nurse related to law enforcement and Nursing Board investigation of complaint of alleged crime related to the death of a skilled nursing facility resident.
Defended skilled nursing facility against state agency findings that alleged facility had subjected vulnerable facility residents to sexual abuse by failing to take appropriate actions to prevent, detect, investigate and report alleged sexual abuse perpetrated by a rogue former employee/caregiver.
Seismic design, delay and impact construction claim
Part of team securing dismissal of national antitrust class action claims
Representing award-winning coffee chain enforcing its trademark rights against infringing chain of pizza restaurants that established its flagship restaurant less than two blocks away from one of our client’s primary cafés.
Obtained dismissal of disability and retaliation wrongful discharge claims on behalf of Home Depot.
Successfully represented YouTube, Inc. in copyright infringement suit by Viacom and related action by class plaintiffs.
Represented Extendicare Homes Inc. in allegations of neglect and wrongful death allegedly due to an infected bed sore and failure to properly monitor. The four-week jury trial resulted in a defense verdict.
Defended retailer against claims of alleged disability discrimination in employment
Defended big box retailer against a race discrimination claim prosecuted by the Alaska State Commission on Human Rights (ASCHR), prevailing in an administrative hearing before an Alaska Administrative Law Judge, a decision affirmed by the ASCHR.
Defended retailer against alleged national origin and gender discrimination in employment claims
Defended employer in alleged gender discrimination and wrongful termination suit
Defended retailer against alleged gender discrimination in employment claims
Defended employer in alleged employment disability discrimination suit
Defended retailer against alleged disability discrimination in employment claims
Defended employer against claims of alleged sex discrimination, harassment, retaliation, failure to accommodate and wrongful termination
Defended employer against alleged sex and disability discrimination claims
Represented Wells Fargo Escrow in a putative class action lawsuit claiming violation of RESPA section 8(a) (12 U.S.C. § 2607(a)), the Washington Consumer Protection Act, and breach of fiduciary duty.
Represented former shareholders of acquired company in dispute with putative shareholder; summary judgment for clients.
Represented employer sued for disability discrimination based on medical marijuana use; successfully obtained order granting judgment on the pleadings, upholding termination.
Represented employer sued for wrongful discharge in violation of public policy allegedly because she was a domestic violence victim.
Represented employer in disability discrimination case brought by firefighter.
Obtained summary judgment for employer in litigation alleging gender discrimination.
Represented employer who sued to enforce non-competition agreement.
Successfully represented an electronic equipment manufacturer in product liability and toxic tort litigation.
Represented lender Gladstone Capital in the sale of radio station assets out of the Spirit of Alaska Radio federal court receivership proceeding, and in closing the sale of the radio station assets to Ohana Media Group for $1.3M.
Represented Brinker International, owner/franchisor of the Chili's restaurant brand, in a lawsuit seeking equitable relief requiring Duke Investments to cease all use of the Chili's brand for its ongoing failure to pay franchise fees.
Represented the defendant, obtaining an order dismissing class action claims under the Washington Consumer Protection Act in the context of long term care.
Defended employer against alleged sexual harassment and retaliation claims
Recovered millions of dollars owed to providers from residents, Medicaid, Medicare, and commercial and government related insurance companies.
Provide risk management strategies and regulatory advice related to abuse complaints, including sexual abuse.
Successfully moved to dismiss race discrimination claim under the WLAD on tribal sovereign immunity grounds; affirmed on appeal.
Successfully compelled arbitration of wage and hour claims and defeated petition for discretionary review.
Defended employer in national origin discrimination lawsuit.
Summary dismissal of all ERISA disability claims, applying de novo review.
Summary dismissal of ERISA benefit claim.
Trial team in consolidated pain pump cases, including cross-claim by surgeon.
Represent intervenor the Humane Society of the United States in action to defend the Environmental Protection Agency's decision to permit the use of chemical contraceptives to control the wild horse population.
Represent plaintiff in landmark action brought by a horse seeking damages for severe neglect under Oregon negligence law.
Represented company and individual defendants in defense of derivative action related to securities fraud allegations.
Represented plaintiffs in action against the United States Department of Agriculture to require defendants to treat nonhuman animals, including Tony the Tiger, as “individuals” for purposes of expedited processing under the Freedom of Information Act.
Filed amicus brief in the Washington Court of Appeals and the Washington Supreme Court on behalf of the Animal Legal Defense Fund advocating that the law allow recovery of damages for emotional distress in an action brought against a veterinarian for the botched euthanasia of a pet dog.
Represent petitioners in action against the Washington Department of Fish and Wildlife to prevent it from continuing to exempt industrial aquaculture facilities located on Washington tidelands from regulations designed to protect native fish under the state hydraulic code.
Won preliminary injunction in ongoing litigation against the Washington Department of Fish and Wildlife to stop it from continuing to issue illegal permits allowing the use of bait, traps and hounds to kill black bears, in violation of citizen initiatives passed to ban cruel hunting practices.
Represented Sea Shepherd Conservation Society and founder Paul Watson in litigation challenging the legality of the Japanese government's whaling in the Southern Ocean defending Sea Shepherd against a permanent injunction to prevent it from interfering in Japan's whaling operations.
Represented former company CEO in defense of securities class action.
Represented plaintiff in action against the United States Department of the Interior challenging the constitutionality of the Congressional Review Act and Public Law 115-20 (disapproving the Refuges Rule). The Refuges Rule restricted the use of certain inhumane predator control, hunting and trapping methods in National Wildlife Refuges in Alaska.
Represented petitioners in challenge to the Washington Department of Fish and Wildlife's decision to kill members the Sherman wolf pack, contending that its program to kill endangered gray wolves was arbitrary and capricious and ignored scientific findings, and seeking to halt the program until it was brought into compliance with the State Environmental Policy Act and the Administrative Procedure Act. Case was dismissed as moot because the state had already eliminated the Sherman pack, after the state agreed to give one court day advance notice of any future plans to kill wolves to enable the public to seek a temporary restraining order to stop future actions.
Represent petitioners in second suit in two years against the Washington Department of Fish and Wildlife seeking to enjoin its actions to kill state endangered gray wolves until its program is brought into compliance with the state Environmental Policy Act and Administrative Procedure Act.
Represent petitioners in suit against the Washington Department of Fish and Wildlife for withholding thousands of documents in response to a public disclosure request for information related to its wolf lethal control program. State has admitted liability and penalty phase is pending.
Successfully defended former Sea Shepherd Conservation Society Administrative Director Susan Hartland in trial for contempt of court, related to the organization's attempt to disrupt the Japanese government's whale hunt in the Southern Ocean.
Principal author of amicus brief in the U.S. Supreme Court on behalf of the Washington Legal Foundation, helping to establish the standard for when a statement of opinion will be considered false under the federal securities laws.
Represented Sea Shepherd Conservation Society and founder Paul Watson in appealing finding of contempt in Ninth Circuit Court of Appeals and filing motion for certiorari in U.S. Supreme Court.
Filed amicus briefs in the U.S. District Court and the Ninth Circuit Court of Appeals on behalf of a group of law professors supporting the standing of the State of Hawaii to sue the Trump administration over its second travel ban.
Represented company and individual defendants in defense of securities class action.
Represented former head of Washington Mutual Kerry Killinger in defending against securities and derivative actions related to alleged securities fraud.
Represented company and individual defendants in defense of securities class action and related derivative action.
Represented company in defense of securities class action.
Defended medical center in age discrimination lawsuit.
Defended employer sued for race discrimination.
Represented employer and employee sued for violation of noncompetition agreement.
Represented lender in $5.3M foreclosure case; summary judgments affirmed on appeal.
Defended Nordstrom against copyright and false-designation-of-origin claims stemming from a bridal headband.
Representation of Nordstrom, Inc. in Liberty House, Inc.
Obtained summary judgment against both plaintiffs (former store managers) alleging age and disability discrimination.
Won summary judgment for employer on Title VII religious discrimination lawsuit; decision affirmed on appeal to the Seventh Circuit.
Lead attorney for briefing and oral argument in successful defense of appealed summary judgment order dismissing wrongful foreclosure claim — the case involved complex appellate procedure questions as well as more typical wrongful foreclosure issues).
Defended retailer against claims of alleged disability discrimination/failure to accommodate.
Defended employer against alleged national origin discrimination and retaliation claims.
Defended Landau Associates, an environmental consultant under contract with Boeing, regarding investigation and remediation of a solvent plume that allegedly migrated in groundwater from Boeing’s Auburn facility into an adjacent residential neighborhood.
Represented California operator of co-generation plants in recovery of payments owed by California utilities during the California energy crisis.
Lead counsel for natural gas and liquids pipeline clients concerning applicability of the Washington Public Records Act terrorism exemption.
Defended an oil company refinery in an enforcement action concerning a former landfill.
Recovered $4M judgment in Alaska environmental cost recovery action.
Advised Olympic Pipeline Company on environmental issues, including natural resource damages, restoration planning and Endangered Species Act, concerning the Bellingham pipeline explosion.
Obtained $135,000 defense judgment in Washington Model Toxics Control Act (MTCA) cost recovery action.
Defended a retail gasoline marketer in actions involving cleanup of a former gas station property.
Represented a retail client in responding to an Ecology notice regarding Washington state's Children's Safe Product Act.
Defended a former manufacturing facility in actions under the Washington Model Toxics Control Act (MTCA) by the Washington Department of Ecology and the former landlord.
Negotiated on behalf of manufacturing clients settlements with citizen environmental groups concerning alleged violations of the Washington Industrial Stormwater General Permit.
Defended bank trustee in a CERCLA/Oregon hazardous substance act lawsuit, and ODEQ consent order concerning a former leather tannery.
Obtained dismissal for franchisor in Title III public accommodation claim.
Defense verdict for Nordstrom in disability discrimination case.
Affirmed summary judgment in ERISA fiduciary duty claim.
ERISA class action contingent workers; dismissed.
Affirmed defense judgment in sexual harassment and hostile work environment case; published opinion.
Race discrimination defense verdict upheld; published opinion.
ERISA/ADA: Mental disability issues; published opinion.
Off-duty recreational/medical use of marijuana wrongful discharge claim; motion to dismiss granted.
Defeated class certification on wage/hour claims.
Represented Rad Power Bikes in a USPTO trademark dispute over rights to the RAD family of marks in connection with electric bikes; case settled during pretrial discovery.
Prepared expert witness consulting and expert witness report regarding the patentability of a U.S. food composition patent application in connection with a patent legal malpractice claim.
Provided advice and counsel regarding plant patent rights in connection with a trademark dispute over certain patented and trademarked varietal plant names.
Local trial counsel in patent infringement lawsuit involving the largest apparel manufacturers in the world; client obtained a judgment of non-infringement, inequitable conduct and attorneys’ fees of around $6.8 million.
Lead defense counsel in patent ownership proceeding in the Virginia Eastern District Court (“rocket docket”) and prevailed for client in preliminary injunction proceedings.
Represented agricultural lending/financing defendant in test case of the scope of plant patent and trademark rights; plaintiffs’ claims were all dismissed through summary judgment.
Patent and trademark infringement claims and counter claims; defendant’s successful preliminary injunction cross-motion is reported at 423 F.Supp.2d 1146.
Local trial counsel in defense of alleged software copyright infringement and breach of contract claims.
Represented defendants against right of publicity claims arising out of an image used in national advertising.
Motion authored by Paul resulted in the dismissal of all lawsuits filed by the NLA; case involved apple plant patents and trademarks.
Defense of trademark infringement and dilution and right of publicity claims and pursuit of antitrust and unclean hands affirmative defenses.
Defense of trademark infringement and unfair competition claims.
Defense of a corporation and its officers against RICO and a host of other federal and state law claims; the dismissal of all federal claims was affirmed by the Ninth Circuit.
Trade secret TRO and preliminary injunction action.
Complex patent litigation involving a number of key patents covering the designs and technologies incorporated into “high-end” exercise treadmills.
Defense of trade secret misappropriation and trade dress infringement claims.
Software development and trade secret dispute.
Defended International Knife and Saw, a South Carolina-based manufacturing company, against claims for the misappropriation of intellectual property.
Represented the American Health Care Association as Amicus in class action challenge to regulation.
Defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide and claims related to the Federal Mental Health Parity and Addiction Equity Act.
Defended Good Samaritan against a lawsuit by a surviving son for the wrongful death of his mother, alleging negligent care.
Represented client Premera Blue Cross in a Washington Mental Health Parity Act and consumer protection matter.
Order granting motion for temporary restraining order enjoining Medicaid rate cuts by the state of Washington.
Represented Extendicare and several affiliated companies in a series of class action lawsuits in Washington, Minnesota and Wisconsin regarding, among other allegations, misrepresentation of the standard of care provided to residents.
Represented plaintiff in antitrust action through trial to judgment.
Represent T-Mobile and United Healthcare in a putative class action alleging that the Employee Benefit Plan provided and administrated by our clients unlawfully excluded an intensive behavioral intervention treatment called Applied Behavior Analysis (ABA) from among the many treatment options covered by the Plan for autism spectrum disorder.
Represented lender in a case where Division I of the Washington Court of Appeals strengthened the ability of a real estate-secured lender to cost-effectively obtain a deficiency judgment against a commercial guarantor.
Represented petitioning creditor in Washington state court receivership of an online retailer that resulted in payment in full of the creditor’s claim.
Represented lender in a case where the Washington Supreme Court upheld the right of a lender to obtain a deficiency judgment against a commercial guarantor even if the foreclosed deed of trust also secured the guarantors’ guarantees.
Represented lender in a declaratory relief action to determine ownership to valuable land use entitlements following lender's non-judicial foreclosure of land held for development.
Represented purchaser of partially completed commercial vessel.
Advised Matcherino in its Series A preferred financing.
Defended client against claims of discrimination and FMLA violation.
Defended national employer against claim by former employee that employer had unlawfully terminated employee based on employee’s FMLA leave and that employer had caused personal injury to terminated employee’s infant child.
Represented national employer to investigate theft by former manager and to recover stolen funds. Worked with law enforcement and prosecuting attorney to obtain arrest and conviction of employee, and to obtain judgement of restitution and restitution payments from employee.
Defended national employer (and certain management employees) against claim by former employee that employer and management discriminated against, harassed, retaliated against and terminated employee based on employee’s alleged disability.
Represented national employer in preparation of agreement with medical university for use where medical student interns receiving certain training experiences on client employer’s premises, to make sure that HIPAA-based privacy duties are met.
Represented Prestige Care in its acquisition of two skilled nursing facilities and four assisted living facilities.
Counseled Avamere in connection with the formation of a joint venture combining assets and operations of businesses providing specialty pharmacy services and long-term care pharmacy services on a national basis.
Defended client against class action alleging violation of Washington's Consumer Protection Act.
Defended noncompete claim involving national aeronautic manufacturing industry client.
Represented successor trustee of family trustee to conduct investigation of alleged financial elder abuse, allegedly committed by family members/beneficiaries against prior beneficiary (who was a vulnerable person at time of alleged wrongdoing).
Represented beneficiary to investigate trustee misconduct and recover all funds misappropriated by trustee, where trustee financially exploited vulnerable adult beneficiary over a period of years.
In the context of contested case administrative hearings, represented vulnerable persons who lack capacity, through their court-appointed professional guardian, in dispute against state agency, related to rights of vulnerable persons to retain and pay a guardian to make their informed consent medical decisions.
Represented beneficiary in preventing co-beneficiary who was criminally convicted of wrongdoing with respect to financial elder abuse from unjustly profiting from that criminal conduct.
Federal jury trial of an employment discrimination matter. The defendant was accused of wrongfully terminating an employee with a disability. The jury returned a verdict for far less than the amount in controversy.
Bench trial of a wage and hour of employment contract case. The court decided the case in favor of Jackson's client.
Obtained summary judgment dismissal in favor of a fire district in an employment law matter.
Defense verdict in a jury trial of a premises liability matter. Client was accused of failing to discover a missing street valve box lid that caused injury to the plaintiffs.
Jury trial of an admitted liability transportation law matter. The plaintiff claimed that a low speed impact caused him to suffer from debilitating vertigo and other personal injuries.
Jury trial of an admitted liability transportation law matter. The plaintiff claimed she was severely injured as a result of the collision and sought excessive damages at trial. The jury returned a verdict awarding far less than the amount requested by the plaintiff prior to the commencement of trial.
Participated in obtaining summary judgment dismissal in favor of a police department in a multi-plaintiff employment law matter.
Participated in obtaining summary judgement dismissal in favor of a police department in an employment law matter.
Plaintiff voluntarily dismissed his retaliation and disability claims following his deposition.
Summary judgment for defendant in a retaliation claim.
Obtained summary judgment dismissal of legal malpractice claims filed against the defendant.
Arbitration award in favor of a public safety employer in a grievance arbitration.
Represented a North Dakota city in the drafting and negotiation of a development agreement for construction and operation of an oil refinery.
Representation of refinery in shoreline dispute with more than 30 plaintiffs.
Represented the city in obtaining compensation for damage to city's surface water quality and water rights from the removal of the Elwha River Dam.
Land use and treaty rights issues.
Litigation over validity of city ordinance.
Contract dispute between cogeneration joint venture and electric utility.
Building envelope litigation.
Insurance coverage litigation for environmental claims.
Sign code litigation.
Assisted a California based national lender in setting aside a $750,000 default judgment levied against it.
Successfully resolved a complex commercial dispute on behalf of a ship building business investor.
Addressing eligibility of MERS to serve as trust deed beneficiary.
Recognizing application of forum non conveniens in Oregon.
Standing to challenge vested property rights determination.
Claim under employee severance plans.
Clarifying scope of covenant of good faith and fair dealing under Oregon law.
Obtained judgment for ERISA disability claims administrator on remand from Ninth Circuit Court of Appeals.
Won summary judgment for employer on wrongful termination, disability accommodation, breach of contract, tortious interference, conversion and statutory wage claims following a successful motion to dismiss claim for interference with protected leave.
Represented Nike with 20,000 square foot retail-lease transaction valued at approximately $5M in Santa Monica.
Filed amicus brief in the U.S. Supreme Court on behalf of a group of former U.S. Fish and Wildlife officials defending the designation of unoccupied habitat as critical habitat to provide for the recovery of the dusky gopher frog under the Endangered Species Act.
Filed amicus briefs in the U.S. District Court and the Ninth Circuit Court of Appeals on behalf of a group of law professors supporting the standing of the State of Washington to sue the Trump administration over its first travel ban.
Served as local counsel in a strategic investment by KKR Management Holdings L.P. and KKR Fund Holdings L.P. (together, “KKR”), in WMI Holdings Corp. (WMIH), in which KKR purchased approximately $11M of WMIH’s convertible preferred stock, committed to purchase up to $150M of subordinated 7.5 percent PIK notes, and received five-year warrants to purchase approximately 61.4M shares of WMIH's common stock.
Advised WelVU, an emerging Healthcare IT company, in a private placement of convertible debt and preferred stock.
Advised CASTELLI USA in its acquisition by Sports Trade Investment s.r.l.
Assist large senior living provider with incorporating nurse practitioners into its practice, including analyzing corporate practice of medicine issues in four different states.
Defended private equity company from contractual and misrepresentation claims brought by a customer of a portfolio company.
Drafted admission documents for all types of providers, including adult foster homes, assisted living, residential care and skilled nursing facilities.
Represented ERISA disability claims administrator in appeal of judgment affirming denial of benefits.
Represented Northwest Landscape Services of Oregon, LLC in its acquisition by Monarch Landscaping Holdings.
Defended retailer against alleged disability discrimination in employment, retaliation and wrongful termination suit
Represented lender in successfully avoiding a $5,000,000 senior lien.
Series Seed Financing
Served as primary securities counsel to Nordstrom, Inc. in connection with its acquisition of Trunk Club, Inc., a leading personalized clothing service for men.
Advised K&L Distributors in the sale of its Alaska Business to White Mountain Beverage, LLC.
Advised iFoodDecisionSciences, Inc. (iFood) on its acquisition from Trimble, Inc. of its food traceability and quality management business operating through Trimble’s HarvestMark division.
Served as U.S. Counsel in CDN $17.25M Private Offering of Common Shares and Warrants in Canada and U.S.
Successfully negotiated comprehensive consent decree before and without need for litigation of complaint allegations.
Advised Hesco, a UK-based manufacturer of rapidly deployable protective barrier systems, in its acquisition of controlling interest in Reed Composite Solutions, LLC, a Washington-based manufacturer of body armor and protective barriers.
Advised Bob Stone Freeway Autocenter in its sale of dealership assets to EBB Auto Co.
Advised WMIH in its payoff of $130M 13% senior first and second lien notes due 2030, and the satisfaction and discharge of the related indentures.
Counseled Renewable Energy Trust Capital in connection with private placements of Series A and Series B Preferred Stock.
Counsel to Evergreen EDC, an engineering firm located in Hillsboro, Oregon, in an asset sale to SSOE, an Ohio-based engineering firm.
Served as local counsel and advised WMIH Corp. in its $600M private offering of Series B convertible preferred stock, which was used to finance the company's efforts to explore and fund acquisitions.
Advised Pasco Corporation of America, an Oregon subsidiary of a Japan-based baking company, in the sale of its U.S. manufacturing business to Ajinomoto Toyo Frozen Noodles.
Advised Porsche Automobil Holding, the holding company with a controlling interest in the Volkswagen Group, in its $55M investment in Inrix, a Washington-based provider of real-time traffic information.
Advised Pizza Blends, a leading producer of frozen and dry-mix pizza crusts and other custom flour-blended products, in its sale to C.H. Guenther & Son.
Advised Organically Grown Company, the largest organic produce wholesaler in the Pacific Northwest, on corporate and governance matters, as well as in several issuances of company stock to an Employee Stock Ownership Trust.
Advised Nordstrom in an equity investment in Bonobos, Inc. merchandise line.
Advised Valant Medical Solutions, the market leader behavioral health software for private practices, in its 2015 bridge and venture financings.
Advised SCI Solutions, a health care software developer, in its acquisition of Clarity Health Services, an insurance billing platform.
Advised Portland Economic Investment Corporation in its investments in Portland Seed Fund II, Elevate Inclusive Fund LLC and Portland Seed Fund III.
Advise management and the board on governance, finance and other matters, including tax-exempt bond financings.
Advised Valant Medical Solutions, the market leader behavioral health software for private practices, in its A-2 preferred stock financing and recapitalization.
Advised McCarty Flanigan LLC in its acquisition of Schooner Creek Boat Works.
Advised Valley Co-ops in its $81M merger with Valley Wide Cooperative.
Counseled Datacastle, a data security company, in its acquisition of OEM Channel Partner's business unit.
Advised Nordstrom in Exchange of 7% Senior Notes Due 2038 for up to $300M 5% Senior Notes due 2044.
Advised Java Trading Co. with respect to the company’s sale to Distant Lands Trading Company.
Advised private equity with respect to the purchase of Essential Baking Company.
Advised Advanced H2O, LLC and its management team in the sale of the company to HM Advanced Holdings, LLC.
Advised Metropolitan Travel, Inc. with respect to the company’s sale to Expedia, Inc.
Represented Enchanted Parks in the $19.3M sale of its park to Six Flags, Inc.
Advised Highwire, Inc. with respect to the company’s sale to Galileo International, Inc., a subsidiary of Cendant Corporation.
Advised ImageX.com, Inc. in the acquisition of CreativePro.com, Inc.
Advised ImageX.com, Inc. with respect to the company’s sale to Kinko’s, Inc.
Advanced H2O, Inc. private stock financing and the purchase of bottling-plant and production-facility from CC Beverage, a U.S. subsidiary of Clearly Canadian Beverage.
Advised Nordstrom, Inc. with respect to the $210M sale of its Façonnable fashion house to M1 Group.
Advised Döellken Woodtape on the sale of its wood products division to Edgemate, Inc.
Advised Hanson Pipe and Products, Inc. on its acquisition of Pacific International Pipe Enterprises, Inc. and Pacific International Pipe Enterprises of Washington, Inc.
Advised Hanson Pipe and Products Northwest, Inc. on its acquisition of assets from Hydro Conduit Corporation.
Advised Majiq Inc. in its sale to TietoEnator, Inc.
Advised Brokk, Inc. on its acquisition of North American Sales, Inc. and Pneuma-O-Ring International.
Advised Nura, Inc. on its acquisition of Primal, Inc.
Advised Rembold Properties in its $42M acquisition and development of a senior housing project.
Represented Rogers & Norman in its sale to Brown & Brown, Inc. (NYSE: BRO).
Advised Alaska Distributors Co. in the sale of its Washington business to Columbia Distributors.
Advised Special Committee of Zones, Inc. (NASDAQ: ZONS) in its going private transaction.
Represented MCM, Inc. in its acquisition of Bacic Group, Inc.
Assisted Raisbeck Engineering in the sale of its business to Acorn Growth Companies for approximately $20M.
Represented Abcam, a Cambridge, UK public company, in its acquisition of MitoSciences Inc., an Oregon-based leading developer of mitochondrial antibodies and mitochondrial assays.
Advised Abacus Engineered Systems, Inc., a U.S.-based leading provider of facility energy and engineering solutions, with respect to the company’s sale to Schneider Electric.
Advised BNBuilders, Inc. in the buyout of co-owner’s interests and related succession planning.
Represented Canadian investment fund with respect to its multi-million dollar financing of an energy corporation for oil and gas exploration in Alaska secured by oil and gas tax credits.
Represented members of senior management team in connection with the acquisition of Dave's Killer Bread by Flowers Foods, Inc.
Advised on all corporate and financing documentation for new crowdfunding site for small business financings.
Drafted all documentation for the first national reverse mortgage product.
Advised E. Masin Furniture Company, Inc. in its sale to Seldens Interior Furnishings, Inc.
Advised Greenpeace with regard to its reorganization the United States.
Served as local counsel for Horizon Lines, Inc. in its $75M term loan for the purchase of two D-7 class containerships.
Represented Gruma International Foods with respect to its acquisition of all of the stock of a privately held company, Solntse Mexico, doing business in the Russian Federation.
Advised ImageX.com, Inc. (NASDAQ: IMGX) with respect to the company’s Private Investment in Public Equity (PIPE) financing of Common Stock.
Advised ImageX.com, Inc. with respect to the company’s sale of Extensis, Inc. to CelartemTechnology, USA, Inc.
Represented our international finance client in large pension cash flow purchase business and merchant advance business with product design and negotiation with state regulators.
Represented a large pension cash flow purchaser and merchant advance business with product design and dealing with various state regulators.
Advised NADEX, a publicly traded Japanese company, in its acquisition of Weltronic/Technitron, Inc., a Michigan-based company engaged in resistance welding technology on a global basis.
Advised Cutter & Buck with respect to its sale to New Wave Group AB.
Assisted Nordstrom, Inc. in completing a $650M public debt offering consisting of $350M in 4.00% senior notes due 2027 and $300M 5.00% senior notes due 2044.
Advised WMIH Corp in the redemption of $110M First Lien Notes and discharge and satisfaction of First Lien Indenture.
Advised EPIC Imaging, an independent radiology clinic with four locations in the Portland, Oregon metropolitan area, in its sale of assets to the Center for Diagnostic Imaging (CDI), a national provider network for medical imaging services.
Advised WMIH Corp. in its redemption of $18.2M Second Lien Notes and discharge of indenture.
Advised family owners of Homewatch International, Inc. a home health services business, in sale of the company to Authority Brands, LLC.
Advised SanMar Corporation — a strategic partner of OGIO International, Inc. — in the $75.5M acquisition and ongoing licensing arrangement of OGIO products following its acquisition by Callaway Golf Company.
Represented Nippon Paper Industries Co., Ltd. in $285M acquisition of Weyerhaeuser's Longview liquid-packaging business.
Assisted SanMar in acquiring Volunteer Knit Apparel as part of its initiative around Made in USA fabrics, sweatshirts and t-shirts.
Advised private acquiror in acquisition of Southern Coastal Properties, LLC, a resort located in Nicaragua.
Advised Apogee, an investment arm of the Roy P. Disney family, on investments in Oregon real estate and operating businesses.
Advised board and management of Elmer's on going-private transaction.
Advised on the formation of an investment group in connection with strategic acquisition of assets spun out of ESCO Corporation.
Advised on the investment by TSG4 L.P. and its affiliates into Harry's Fresh Foods.
Advised Norm Thompson Outfitters on a wide array of matters over 25 years, including on the acquisition of the company from Parker Pen Company by a local investor group, and on the sale of Norm Thompson Outfitters to Golden Gate Capital.
Counsel to Oregon subsidiary of SEIKO Epson, a Japanese company, in connection with corporate, M&A, finance and other matters.
Advised Package Containers, a manufacturer of packaging materials, in a management-led buyout.
Advised Yarmouth Group, an Australian real estate investor, on the acquisition of Salishan and Skamania Lodges, and the later disposition of those assets.
Advised Fios, Inc. on corporate matters as well as the company's Series A through E Preferred Stock offerings.
Advised Nau on corporate and finance matters, including seed and Series A, Series B and Series C Preferred Stock offerings, as well as on the eventual sale of the company to a strategic acquiror.
Advised Ethicspoint on corporate matters, and Series A and B Preferred Stock offerings.
Advise the board and management on governance, finance and other corporate matters.
Advised HealthLink and its affiliates in a combination transaction with Good Samaritan Corporation, resulting in the formation of Legacy Health System.
Advised Prestige Care in the formation of a joint venture with Moda Health involving ProPac and Payless pharmacy businesses.
Advised Prestige Care, Inc. in the formation of a home health services joint venture.
Advised Oregon State University Foundation in connection with its holding of private investments, including corporate governance and other issues.
Advised PACC Health Plans in connection with its acquisition by Health Systems International, Inc., resulting in a charitable settlement and the formation of Northwest Health Foundation.
Represented Triad Hospitals, Inc. in its acquisition of McKenzie-Willamette Hospital and charitable settlement, including the creation of a community health foundation.
Advised Oregon State University Alumni Association on the restructuring of the association.
Assisted Airbiquity in its successful $15M Series C financing.
Represented PrimeStar Solar Inc., a thin-film solar panel manufacturer, in its acquisition by General Electric.
Advised DataChannel on its sale to Netegrity.
Served as Alaska counsel for Canadian-based 7Seas Fish Co. Ltd. in its acquisition of an Alaska shore-based seafood and fish processor, Alaska Fish Factory Ltd.
Advised Jibe Consulting in its acquisition by The Hackett Group.
Advise First Interstate Bank (formerly Bank of the Cascades, by way of merger) on maintaining its aircraft lending portfolio.
Advised Bedrock Concrete Cutting, Inc. in a private acquisition.
Advised New Avenues for Youth, a nonprofit organization dedicated to the prevention and intervention of youth homelessness, on a joint venture to build and operate the Dorothy Lemelson House & New Meadows Program.
Advised Nordstrom in an offering of $350M 4% Senior Notes due 2027 and $400M 5% Senior Notes due 2044.
Advised Petrogas, Inc. in its acquisition of IXL Propane, Inc.
Advised People's Bank of Commerce in its acquisition of Steelhead Finance LLC.
Represented Prestige Care in its sale of a joint venture interest in a hospice provider.
Advised Procare Software, a leading child care management solution, in its asset purchase of Private Advantage.
Advised Swickard Auto Group in its acquisition of BMW of Eugene, Oregon.
Advised Swickard Auto Group in its acquisition of Seattle Volvo.
Advised Lundberg, LLC in the sale of its business.
Advised Aviation Partners, Inc., a Seattle-based private corporation that specializes in performance enhancing winglet systems, in the formation of a joint venture with Flexsys, Inc. to develop wing-morphing technology.
Advised Anchor QEA LLC, a provider of science and engineering services, in its acquisition of a North Carolina-based professional practice.
Advised the January Company, a leading manufacturer of Chinese-style meat products, in the sale of its business.
Represented Maintenance Connection, a leading computerized maintenance management system, in a strategic investment by TA Associates.
Represented Design and Direct Source, LLC in the sale of its business to a strategic buyer.
Advised LANE PR — an experienced public relations, investor relations and digital marketing agency — in its strategic sale to Finn Partners, Inc.
Advised Guardian Roofing in the sale of its business.
Advised Noble House Hotels & Resorts in the refinancing of The Edgewater Hotel.
Represented Site9, a software company that produced the first web-based collaborative wireframing and prototyping tool, in its sale to Astound Commerce Corporation.
Asset Sale to HomeStreet Bank, Seattle
Advised Swickard Auto Group in its acquisition of Everett Ford.
Advised Zones, a provider of comprehensive IT solutions, in its $275M credit facility for the acquisition of nfrastructure Technologies, LLC.
Advised the Abeja Trust in its acquisition of Abeja Winery in Walla Walla, Washington.
Advised Woodfeathers in its sale to Beacon Roofing Supply.
Advised Clario Medical Imaging in its sale by merger to Intelerad Medical Systems.
Served as Alaska counsel to Australia and New Zealand Banking Group Limited (ANZ) on its financing of Northern Star Resources' purchase of the Pogo gold mine.
Represented the Center for Infectious Disease Research in an affiliation and asset transfer.
Advised B&D Industrial in a strategic acquisition.
Advise Columbia Hospitality, Inc. on its management of the Inn at Abeja and Vineyards.
Represented CRG Events in the sale of its business to Opus Agency.
Advised Crawford Scientific in a strategic transaction.
Represented Hoosiers, a Japan-based real estate company, in its joint venture with Wilshire Capital.
Advised DLF Pickseed USA, Inc. in its acquisition of assets of La Crosse Forage & Turf Seed, LLC.
Advised Icon Powersports, Inc. in its acquisition of Harley-Davidson of Eugene, Oregon.
Advised Information Display Company, one of the industry’s most respected names in radar speed signs, in its stock sale to Carmanah Technologies Company.
Represented Insurance Partners LLC in its purchase of Miller Insurance.
Represented Lithia Motors in its purchase of six dealerships from Prestige Family of Cars in New Jersey.
Represented Porsche SE, the holding company with a controlling interest in the Volkswagen Group, in its follow-on investment in Markforged.
Advised Lumedic, a next-generation revenue cycle management platform based on blockchain technology, in its acquisition by Providence St. Joseph Health, one of the nation's largest health systems.
Advised Swickard Auto Group in its acquisition of Mercedes-Benz of Seattle.
Represented SkinSpirit Holdings in its private equity financing.
Represented Porsche SE, the holding company with a controlling interest in the Volkswagen Group, in its 2018 investments.
We served as Co-Counsel in KinderCare Education's acquisition of Rainbow Child Care Center, expanding the company’s presence to 1,500 childcare centers serving 185,000 children in 40 states and Washington, D.C.
Counsel Vibrant Cities in its financing, acquisition and development activities.
Represented DiscoverOrg, a B2B lead generation and sales intelligence software company, in an asset acquisition.
Represented company in its $50.5 million Series B financing.
Served as Oregon counsel to Siemens in its acquisition of Mentor Graphics.
Represented Freestone in its investment in a platform company in connection with its execution of an industry roll-up strategy.
Represented DCC in its acquisition of Pacific Coast Energy representing a major expansion of DCC’s retail propane operations into the Pacific Northwest.
Represented Give InKind in its convertible debt financing to enable Give InKind to expand its service to help people help others in need.
Represented Harbor in its acquisition of a distribution center from Food Services of America as part of the FCC-mandated divestiture of that DC in connection with the acquisition of FSA by US Foods, Inc.
Represented iFood in its $10 million Series Seed financing. iFood develops food safety software products for the agriculture industry.
We represented Evrnu in its $10.6 million Series A financing which included impact investors from all over the world.
Advised Hoosiers on the JV agreement, service agreement, loan agreement with the bank and ancillary documentation surrounding the loan and various construction-related agreements.
Served as counsel to Porsche SE with respect to its investments in US automotive and transportation-related technologies.
Advised Multnomah County Legal Aid Service in its combination with Oregon Legal Services Corporation.
Served as counsel to Alaska Maritime Documentation, Inc. with respect to preferred marine mortgages and vessel documentation.
Represented NetSuite in developing and managing its patent portfolio, including serving as the exclusive virtual in-house patent counsel, identifying potential innovations, assessing the patentability of innovations and procuring patents for the company
Advised Caffé D'arte on a branded storefront license and supply transaction for the new Sea-Tax annex.
Advised Affective Software in its Seed Financing.
Advised Cone & Steiner in its Series Seed financing.
Advised San Juan Seltzer in its acquisition of Schooner Exact Brewery.
Advised Full Circle Farm in the sale of its organic food delivery business.
Advised Joe Chocolates in its Seed financing.
Advised VIA Global Health in multiple financings.
$15M Management Buyout of CUI Devices
Advised Skippit in its Convertible Note financing.
Advised Valant Medical Solutions, the market leader behavioral health software for private practices, in its Series A-3 financing.
Advised Aquor Water Systems, a startup changing the way people access water outdoors, in its Convertible Note financing.
Advised DimensionalMechanics, an AI software company, on its convertible debt financing.
Advised Confluence Capital Management in its $1M Preferred Units financing.
Advised Molecule Corp., a technology-driven enterprise focused on discovery and product innovation in the additive manufacturing space, in the sale of its business to Henkel Corporation.
Regularly advise Trilogy Equity Partners in venture capital investments.
Advised FuelCloud in its Seed financing.
Advised DefinedCrowd, an artificial intelligence startup, in its Series Seed financing.
Advised Evrnu, a textile recycling technology company, in its Series Seed financing.
Advised DefinedCrowd, an artificial intelligence startup, in its Series A financing.
Advised Salmon Innovation Fund in the formation of its investment fund, which invests in scalable, early-stage technologies that increase wild Pacific salmon & steelhead populations and resilience.
Advised Tempered Networks, a cybersecurity solution provider, in its Convertible Debt financing.
Advised Tempered Networks, a cybersecurity solution provider, in its Series B financing.
Advised Swurveys — an all swipe, no type survey software platform — in its Convertible Note offering.
Advised Package Guard, Inc. — producer of a simple-to-use, Frisbee-sized device that protects packages and provides guaranteed package delivery alerts — in its Convertible Note offering.
Advised New Wave Group AB in the cross-border acquisition of Paris Glove of Canada Ltd, a Montreal, Canada-based manufacturer of gloves and golf apparel.
Advised KAREC FCI, Inc. and its management in connection with its sale and related transactions with Bentall U.S. Limited Partnership and Rushmore Partners LLC.
Advised the owners of Washington Partners, previously Seattle's largest independent commercial real estate tenant brokerage agency, in the sale of their Seattle business to a subsidiary of Jones Lang LaSalle, an international commercial real estate company.
Counsel in the merger of Habitat for Humanity affiliates East King County and Seattle/South King County into a single affiliate serving all of King County.
Advised Kinsel Ameri Properties in its purchase of Hogan Woods Apartments.
Advised Kinsel Ameri Properties in its sale of Maplewood Apartments.
Represented Prestige Care in its acquisition of a $41M real estate term loan.
Represented Plaza Associates in retail lease management agreement valued at approximately $50M.
Represented Nike in 12,000 square foot lease for Converse flagship store valued at approximately $9M.
Represented Nike in 5-acre land purchase for corporate headquarters valued at approximately $5M.
Advised Nordstrom, Inc. on its acquisition of a majority interest in Just Jeffrey, Inc. and JKS Enterprises.
Represented Nike in 185,000 square foot office lease for corporate headquarters valued at approximately $12M.
Represented Nike in corporate office lease for Hurly headquarters valued at approximately $30M.
Advised Wilco Farms in its merger with Hazelnut Growers of Oregon.
Advised Lithia Motors, Inc. in its $11M acquisition of Terminal One — a 14.5-acre prime industrial site in Portland, Oregon.
Represented national owner of independent living communities in lawsuit related to dispute between resident, family trust and community related to lease rights and duties, including right to occupy premises and rights to payments based on sale of right to occupy property.
Represented Fred Hutch in connection with its lease of the historic steam plant building in South Lake Union.
Advised Wilco Farms in its merger with Valley Agronomics.
Advised Simpson Lumber in the $94.7M sale of its sawmills to Interfor U.S. Inc.
Defended big box retailer in a Wage and Hour Collective Action two-phase jury trial to judgment involving off-the-clock work allegations.
Affirmed judgment dismissing breach of trust claims against local builders association.
Workers’ compensation exclusivity; certified question from federal court.
Represented client Lundberg LLC in trade secret litigation through trial, secured injunction and attorneys’ fees, and argued expert-related claim at the Court of Appeals for the Ninth Circuit.
Successfully represented Adelos, Inc. in two inter partes review proceedings filed by Halliburton. After review of papers submitted by Lane Powell, the Patent Trial and Appeal Board decided not to institute proceedings against the two patents at issue.
Obtained dismissal in suit seeking declaratory judgment of non-infringement and/or invalidity of Janmar’s patent based on lack of personal jurisdiction over defendant, Janmar Lighting, Inc.
Sale of industrial diamond technology for waterjet cutting tools to Bourn & Koch, Inc., a subsidiary of Alleghany Capital Corporation.
Represented Assisted Living Concepts, Inc., in $130M going private merger transaction.
Provided all federal and state payment advice to a major national gaming company.
Represented Clear Choice Health Plans, Inc., in $7.5M intrastate securities offering.
Retained as Special Securities Counsel to Official Committee of Equity Security Holders of Washington Mutual, Inc. in connection with emergence of WMIH Corp. from the WaMu bankruptcy, with $75M in cash, access to $175M line of credit and $5.7B in net operating losses.
Represented Clear One Health Plans in $58M going private merger transaction with Pacific Source Health Plans.
Represented Reptron Electronics in connection with launch and completion of $30M debt tender offer.
Represented Reptron Electronics in $50M going private merger transaction.
Represented Clear One Health Plans in successful takeover defense against dissent shareholder.
Represented Clear Choice Health Plans, Inc., in acquisition of third-party administration company.
Represented Assisted Living Concepts, Inc., in legal defeasance of $40.25M Senior Secured Notes and $15.25M Junior Secured Notes.
Represented Assisted Living Concepts, Inc., in sale of assets and partial redemption of $40.25M Senior Secured Notes.
Conducted a review of environmental permits for a lender regarding a large electrical generating facility.
We represented Enchanted Parks Inc. in the acquisition of CNL Lifestyle Properties by EPR Properties. The acquisition allowed EPR Properties to expand its portfolio of high-quality ski resorts and attractions and build its expertise in the recreation industry.
Represented Clear Choice Health Plans in the first conversion in Oregon of a health care services contractor to domestic stock insurance company and took the company public.
Represented an energy company in a real estate transaction involving numerous hazardous waste, water, air and tribal issues.
Served as counsel to A-1 Timber Consultants Inc., with respect to timber sale agreements.
Represented private equity firm in complex $330M debt and equity financing.
$1115,000 Dismissal with prejudice of a USERRA case.
Advised a groundbreaking artificial intelligence startup company on a complex immigration matter.
Secured dismissal of ERISA long-term disability benefit claim on de novo review by successfully arguing that the claims administrator correctly applied the plan’s pre-existing condition exclusion.
Represented national furniture store chain in acquisition of several franchises.
Represented Tokai Carbon in its $310M acquisition of Sid Richardson Carbon, Ltd.
Formation of the Seattle Cancer Care Alliance with Children's Hospital and University of Washington.
Advised affiliates of Petrogas Company in their purchase of Alcoa Intalco’s wharf, pier and associated items for $122M.
Represented PSA Composites LLC in sale of substantially all assets and business including patents and patent applications for low density, composite materials for use as alternative wood products to Weyerhaeuser Company.
Represented Georgia-Pacific Corporation and Georgia-Pacific West, Inc. in the sale of 137 acres of downtown Bellingham waterfront property to the Port of Bellingham.
Negotiated, documented and filed all regulatory applications for client's acquisition for control of a $650 million bank holding company located in California.
Conducted the purchase and sale of the Caffall Bros. saw mill business and assets from Caffall Bros. Forest Products, Inc., to Simpson Timber Company.
Completed the sale of all outstanding capital stock of Olympic Medical Corporation by Stock Purchase Agreement from Jay A. Jones and Mary J. Jones to Natus Medical Incorporated.
Represented Tempered in its $17 million Series B financing. Tempered develops solutions for secure networking.
Represented Alltel Corp. (NYSE: AYZ) with respect to the company’s acquisition of Western Wireless Corp. (NASDAQ: WWCA).
Represented Red Tricycle in its sale to Tinybeans which is an Australian public company.
Served as counsel to Vibrant in connection with its financing transactions to support its mixed-use and other commercial and residential real estate development activities.
Advised Advanced H2O with respect to its sale to LaSalle Capital.
Represented WSY, Inc. in the sale of its expedition yacht manufacturing facilities in Washington state, and its vessel sales facilities in Ft. Lauderdale, Florida, among other assets.
Advised WMIH Corp. in the negotiation of commutation and release agreements pertaining to a number of insurance trusts.
Represented lender Wells Fargo in construction loan and modifications for rehabilitation of old Rainier Brewery multi-use building in Seattle.
Advised Kennedy Associates Real Estate Counsel in connection with its sale to Bentall U.S. Limited Partnership.
Counseled Wells Fargo in the bank’s financing of an Alaska company’s acquisition of Alaska Interstate Construction, Inc., from AIC International, Nabors Alaska Services Corp and Peak Alaska Ventures, Inc.
Represented Wells Fargo in financing acquisition and construction of a FedEx Ground Transportation package-handling facility in Fairbanks, Alaska.
Represented Wells Fargo regarding a loan for Business Park acquisition of the commercial property known as the Twin Lakes Technological Park located in Boulder, Colorado.
Advice and documentation for Wells Fargo's complex master line of credit with multiple interest rate options to an Alaska-based Service Provider for its acquisition and leasing of equipment to oil and gas exploration and production companies operating on the North Slope of Alaska.
Represented United Online, Inc. (NASDAQ: UNTD) with respect to the company’s purchase of Classmates.com.
As Chief Legal Officer for The REX Group (now called Unison), negotiated and documented a $21 million C-Round and a $115 million private fund financing and developed the documentation for the first multistate true home equity option contract program.
Represented Tochterman Management Group in the purchase and sale of multi-tenant office buildings in western Washington.
Retained as counsel to advise the Special Committee of the Board of Managers of a Global Fundraising Company on strategic alternatives available to the company.
Represented CustomArray Inc., a major DNA oligo pool synthesizing company, and its stockholders in connection with the sale of of its business to GenScript Biotech Corp.
Advised Simon G. Golub & Sons, Inc. in its sale to Shrenuj and Company Limited.
Represented lender Romspen Investment in complex loan transactions involving a brownfield property with continuing environmental clean-up issues.
Assisted Nordstrom in launching a private offering of $400M in an aggregate principal amount of 5% senior notes due in 2044, and a private exchange offer to repurchase 7% senior notes due in 2038 for up to an additional $300M in 2044 notes.
Acted as Special Assistant Attorney General in connection with the reform of the Oregon Medicaid program, resulting in a network of new coordinated care organizations.
Represented Prime Advisors Inc. and its shareholders in the sale of all of its outstanding shares of common stock to Sun Life Financial.
Advise the Oregon Public Employees Retirement Fund in connection with property holdings, including arrangements with key asset investment firms involving acquisition, sale, leasing, management/operations and dispute resolution.
Advised private owners in their sale of interests to BNBT Builders, Inc.
Advised Nordstrom (NYSE: JWN) with respect to the company’s repurchase of the interests held by Benchmark Capital and Madrona in Nordstrom.com, Inc.
Advised Nordstrom, Inc. (NYSE: JWN) with respect to the purchase of a majority interest in Jeffrey’s.
Represented NorthStar Realty Finance in Washington and Oregon for FNMA portfolio financing of multifamily projects.
As principal outside corporate counsel to The Bar Association of San Francisco, merged two of its affiliated 501(c)(3) corporations.
Advised major national real estate broker in connection with its organization of a new, national residential mortgage lender affiliate.
Represented Matteson Realty Services in its purchase of apartment complexes in western Washington.
Advised Liberty Mutual Group in the purchase of Safeco Corporation (NYSE: SAFC).
Represented Intercoastal, Inc., a worldwide distributor of aircraft hardware located in Kent, Washington, in connection with the sale of substantially all of its assets to Intercoastal, LLC, a wholly-owned subsidiary of Herndon Products Inc.
Represented Wells Fargo in performing due diligence review and drafting transactional documents, for a credit facility financing a native corporation's acquisition of Peak Oilfield Service Company.
Represented taxpayer in a matter addressing the B&O tax classification of chilli manufacturing. Favorable Supreme Court ruling reaffirmed principle that ambiguous tax imposition statutes must be construed in favor of taxpayers.
Represented landowner challenging local assessment as an unconstitutional property tax. In striking down assessment Supreme Court reaffirmed test for distinguishing taxes subject to constitutional limitations from fees limited only by a municipality’s general police powers.
Represented taxpayer in challenge to unfairly apportioned city tax.
We represented Morgan Stanley, Deutsche Bank Securities and Citigroup Global Markets as local counsel in the federal court suit.
Represented JPMorgan Chase in defense of an action seeking rescission of $1B in residential mortgage-backed securities.
Achieved dismissal with prejudice of putative class action and derivative lawsuits alleging securities violations following filing motions to dismiss.
Defended a Health Insurance Payor in arbitration regarding payment rates
Achieved dismissal with prejudice of putative class action on behalf of consumer products client, Omnitrition International, Inc.
Represented transportation network company and its subsidiaries in a series of trade secret matters.
Defended Microsoft in a nine-week, $3B Sherman antitrust jury trial concerning alleged reengineering of the Windows 95 operating system to hinder Novell’s development of the WordPerfect word processing system. We prevailed on motion for judgement and affirmed by the 10th Circuit Court of Appeals.
Defended Samsung SDI Co. in case opposite of the Washington Attorneys General's Office relating to allegations of price fixing in market of cathode ray tubes.
Represented Amgen in connection with expedited Delaware and Maryland merger litigation arising from the proposed $1.1B acquisition of Micromet, Inc. Case dismissed.
Represented KinderCare Education in several acquisitions of early education centers across the U.S. in 2018.
Represented KinderCare Education in several acquisitions of early education centers across the U.S.
Achieved a victory on a motion to dismiss.
Defended securities broker-dealer in case brought by elderly couple represented by premier national “selling away” counsel after securities regulators had permanently suspended former representative terminated by firm. Favorable settlement.
Served as co-counsel to NYSE Arca’s primary outside counsel, Milbank Tweed in matter dismissed on motion in which plaintiff alleged damages resulting from payments it made to reimburse customers who claimed to have lost money on trades induced by a stock price that was allegedly — but never actually — reported on the NYSE Arca electronic exchange and was far below the usual trading range for that stock.
Served as special master appointed by JAMS judge in dispute over closely held corporation buy-out of minority shareholder/president by majority shareholder.
Secured injunction for client barring further exploitation of trade secrets by independent contractors who had worked for client to develop electronic tourniquet inflation machine. Client had no written consulting agreement and opposing parties were represented by prominent attorneys in the area.
Defended brokerage firm, local branch manager and chief in-house attorney for Western Region in $2 million arbitration for constructive discharge, defamation and race discrimination. Obtained no liability dismissal at industry arbitration hearing.
Trade secret and unfair competition claim representing plaintiff; defeated all defendants’ motions for summary judgment and obtained settlement during jury trial.
Worked out mutually satisfactory termination agreement separating out intellectual property of client, a founder of Microprobe, from that of former business.
Defended and settled numerous restrictive covenant cases, including preliminary advice to worldwide lumber distributor and its recruit to avoid TRO and preliminary injunction, and obtain dismissal without damages, based on structured marketing activities allowing highly productive recruit to work without violating employment contract prior to expiration of restrictions.
Served as sole AAA arbitrator in trade secrets dispute between local electronics firm and Texas distributor. Discovery involved confidential documents regarding sales figures and other internal business data of parties. Conducted hearing and ruled.
Defended national franchisor against $10M damage claims by franchisee for wrongful termination, breach of agreements and related torts. Developed counterclaims for fraud and evidence that plaintiff’s losses were caused by personnel defection due to pattern of sexual harassment. Case settled for nothing.
Defended recruiting firm and brokers in three cases brought by recruits’ former employer who alleged breach of non-compete and trade secrets misappropriation. Defeated injunctions and obtained small liability awards at arbitrations.
Obtained dismissal of discrimination claims against firm and branch manager before hearing and no-liability dismissal of remaining claims after hearing; and no forum fees were allocated to firm.
Opposed and defeated TRO and preliminary injunction motions brought by Wade Cook Seminars against former Wade Cook speakers, employees and competing seminar firms. Prevailed on the merits with small liability award in arbitration.
Defended Robbins Research, Inc. and Tony Robbins in infringement and trade secrets case in state court in Washington brought by Wade Cook Seminars. Case settled favorably.
Represented annuities issuer preliminarily enjoining former securities broker/insurance agent (who had no non-competition covenant in agency agreement) from competing unfairly, misleading customers and misappropriating trade secrets; dismissed $5 million sex discrimination counterclaims at hearing.
Prosecuted securities fraud and related claims in gold mining tax shelter against promoters and affiliated professionals. Obtained $500,000 summary judgment for plaintiffs. Summary judgment was affirmed as to some and reversed as to other defendants on appeal, then settled.
Acted as securities litigation strategist on team defending Oregon Public Utility Districts in $2.2B class action brought by thousands of public utility bond purchasers and procured extremely favorable settlement.
Secured preliminary injunction in Seattle federal district court for trademark infringement and unfair competition on behalf of national sign company, then obtained favorable settlement of damages claims.
Defended attorney in securities/RICO case brought by investor in real estate syndications. Obtained no liability dismissal.
Defended securities broker in suit involving stamp program tax shelter. Obtained no liability dismissal.
Defended attorney who served as escrow agent in financing of condominium development. Plaintiff, the Masonic Lodge of Washington, sought $250,000 plus attorney fees based on state securities act and other grounds. Prevailed in jury trial, then appealed the lower court's order overruling the jury verdict, prevailed on appeal dismissing all claims.
Defended brokerage firm in federal court lawsuit in Seattle alleging federal and state securities fraud and other state common law and statutory liability. Obtained summary judgment dismissal of claims against client brokerage firm, notwithstanding that rep had defalcated plaintiffs’ funds. Defended appeal of national interest when Ninth Circuit altered controlling person liability test, then settled on remand.
Defended Nordstrom in shareholder class action fraud on the market lawsuit alleging federal and state securities fraud and other statutory and common law liability. Deposed a number of retail securities analysts to develop "information on the market" defense, leading to favorable settlement.
Eighty-four-year-old widow sought $250,000 plus attorney fees alleging securities fraud and other statutory and common law liability for unsuitable investments by broker who transferred from one respondent firm to another. Defended one firm, secured cooperation by all respondents’ counsel and advanced successful defense theories leading to no liability verdict for all respondents.
Defended attorney in suit alleging state securities and other liability brought by investor in plastics business in which attorney was involved. Obtained no liability defense verdict at bench trial in Spokane.
Prosecuted securities fraud and related claims on behalf of four investors who had lost $405,000 in gold mining venture. Obtained AAA award of $600,000, and in related bankruptcy proceeding settled with mining company and managers for $535,000.
Defended accountant in two state court suits involving master recording tax shelter. This case involved one plaintiff alleging damages approximating $100,000 plus attorney fees. Obtained summary judgment dismissing case.
Defended broker-dealer in NASD arbitration in Tampa, Florida. Claimant alleged securities fraud and other Florida statutory and common law liability based on unsuitable investments recommended by a top management official who had an exemplary record. Obtained no liability defense verdict.
Defended brokerage firm and local account executive in suitability case alleging federal and state securities act violations, RICO and other statutory and commonlaw liability. Procured dismissal of RICO claims on summary judgment and favorable settlement.
Appeared for investment adviser and clearing broker and induced counsel for claimant to dismiss those parties with prejudice.
Represented major institutional broker-dealer affiliates in auction rate securities investigation brought by a number of state securities regulators and enforcement action brought by local state regulator. Positioned clients for very good settlement to coordinate with larger affiliate also settling with multiple state regulators.
Appeared for broker-dealer and induced counsel for claimant to dismiss with prejudice.
Defend stockbroker/insurance salesman in federal court class action in Seattle under the PSLRA, and served as special securities defense counsel in parallel grand jury proceedings. Overcame class damage theories to spark a settlement highly satisfactory to client and his insurance carrier.
Obtained dismissal with prejudice of claims led in state court against JP Morgan Securities and JP Morgan Chase by beneficiaries of a securities customer IRA. The claims should have been made in a FINRA case due to customer agreements to arbitrate.
Filed declaratory judgment action to relieve purchaser of paper products business from covenant not to compete and common law trade secrets obligations arising from aborted purchase. Conducted bench trial and secured relief from covenant well beyond settlement offers.
Served as sole AAA arbitrator in dispute between former manager of computer service and support firm involving common law trade secrets, covenant not to compete and unfair competition claims. Conducted hearing and ruled.
Defended Chartered Accountant in SEC Rule 102(e) administrative proceeding seeking suspension of public accounting practice before the Commission for three years or more.
Won a preliminary injunction for a local restaurant enjoining trademark infringement by a national chain and resulting in the national chain changing its name in this area.
Co-counsel with a national law firm in defense of underwriter of several collateralized debt obligations of roughly $100 million each in cases brought by the Federal Home Loan bank of Seattle alleging securities fraud under Washington State Securities Act.
Secured verdict of willful infringement and unfair competition in federal court jury trial and award of damages, costs and attorney fees.
Represented seller of business segments in AAA arbitration in which seller claimed breach of contract, misappropriation of trade secrets, unfair competition and fraud, settled case after mitigation efforts eliminated most of the damages.
Defended several companies and individuals named in counter-claim by consulting oil and gas engineer for $5 million in stock and $6 million in lost profits and supervised tactics of numerous defendants’ counsel. Orchestrated multi-party, highly favorable settlement.
Obtained dismissal of TRO motion against financial advisors who had transferred to new firm and “announced their new employment” instead of soliciting in violation of employment contract provisions and the trade secrets act, then settled.
Defended First Health Care Products in federal court Lanham Act case in which former distributor alleged false advertising, unfair competition and misappropriation of trade secrets. Advised action by client that eliminated damages, then settled for minimal amount.
Defended Florida-based medical products distributor in federal court case brought by demoted regional sales manager who quit and claimed constructive discharge and sex and pregnancy discrimination. Settled case shortly before trial.
Represented Canadian stock promoter Brent Pierce in administrative proceedings seeking potential disgorgement of more than $10M.
Represented Kforce, a specialty-staffing firm, who brought a trade secret and unfair competition suit against two former employees and a recruiting firm. Obtained highly favorable settlement at meditation.
Obtained summary judgment dismissal of claims for trademark infringement, unfair competition, anti-dilution, and for the violation of anti-cybersquatting consumer protection act and Washington consumer protection act regarding registration and use of domain name.
Obtained federal court TRO extended at expedited arbitration hearing. Represented securities firm enforcing customer non-solicit and non-disclosure covenants against former brokers at competing firm pending completion of publicly announced asset sale. Procured favorable settlement after asset sale consummated.
Obtained dismissal of TRO motion against financial advisor who had transferred to new firm and "announced his new employment" instead of soliciting in violation of employment contract provisions and the trade secrets act, then procured highly favorable settlement.
Represented a dozen underwriter defendants as local counsel in 54 coordinated cases, filed by the same plaintiff, asserting that directors and officers of 54 companies had acted as a group with the defendants to engage in transactions leading to hundreds of millions of dollars to be disgorged as short swing profits from issuers and underwriters in IPOs from 1998-2001.
Short swing profits to be disgorged under Securities Exchange Act Section 16(b). Obtained dismissal later affirmed by U.S. Supreme Court.
Represented an appraiser in a suit brought by 18 investors claiming his appraisal firm caused them to lose more than a million dollars in a mortgage-paper security investment. Obtained jury verdict dismissal of all claims.
Defended major broker-dealer, nationally recognized financial advisor and highly capable sales assistant against claims that they had a duty to halt the aggressive trading and borrowing by another firm’s representative, who lost a $26M fortune amassed by his grandfather. Obtained complete dismissal.
Defended federal securities fraud claim in Case 2:17-cv-01589-RAJ Network Acquisition Partnership Alliance, LLC v. CES Properties, Inc. et al., brought by purchaser of real estate LLCs seeking $1.3 million. Developed defenses and counterclaims for larger amount that led to very favorable settlement at early mediation.
Defended corporate managing partner, directors, and officers of limited partnership comprised of public mining companies in $2.5 million suit in Spokane. Developed and filed counterclaims, and case settled.
Served as co-counsel for plaintiff in trial of action for retaliatory discharge in violation of federal whistleblower statutes.
Led team of attorneys in several law firms defending broker-dealer in Boise, Idaho state court case. Plaintiffs alleged unsuitable recommendations and churning, and sought over $1 million in “well- managed portfolio compensation” plus punitive damages. After successful summary judgment motions dismissing almost all claims, plaintiffs settled for $15,000.
Obtained dismissal of securities broker-dealer in customer arbitration alleging out of pocket losses over $1 million and consequential damages over $3 million based on unsuitable recommendations.
Defended accountant in two state court suits involving a master recording tax shelter. The case involved 15 plaintiffs alleging damages of around $1 million plus attorney fees. Obtained no liability voluntary dismissal with prejudice of multiple-plaintiff case.
Defended brokerage firm in $2.5 million federal court lawsuit brought by about 30 plaintiffs alleging federal and state securities, RICO and other statutory and common law liability. Obtained dismissal when case was combined into MDL class actions.
Obtained summary judgment for attorney who acted as escrow agent for mortgage broker in racketeering case predicated on federal securities fraud in which approximately 30 plaintiffs sought damages of $1.5 million (trebled under RICO to $4.5 million).
Order invalidating legislation requiring assisted living providers to retain Medicaid residents after termination of their Medicaid contracts in violation of the Contracts Clause of the United States Constitution.
Represented engineering firm on appeal of district court dismissal of professional negligence claims because Washington’s independent duty doctrine barred recovery for contractor’s economic losses.
Represented creditor on appeal of bankruptcy court ruling that individuals ineligible for a discharge in Chapter 7 cannot obtain a discharge in Chapter 11 by being employed in an unrelated business after plan confirmation.
Represented Washington Federal on appeal to Washington Supreme Court of trial court’s erroneous conclusion that Washington’s Deeds of Trust Act prohibited deficiency action against guarantors following nonjudicial foreclosure sale.
Represented taxpayer on appeal affirmed by the Washington Supreme Court establishing taxpayer's right to bring declaratory judgment action to challenge a city assessment by filing a de novo action in superior court.
Represented Washington Federal on appeal of trial court ruling quieting title in favor of junior lienholder based on senior lienholder’s failure to foreclose interest in property within statute of limitations period.
Represented ABM on appeal of district court’s conclusion that plaintiff lacked standing under Spokeo to bring claim for alleged violation of Fair and Accurate Credit Transactions Act (FACTA).
Represented transportation network company Uber on appeal to Washington Supreme Court of decision upholding order enjoining City of Seattle from disclosing trade secrets in response to public records request.
Lead class counsel for a class of impoverished individuals in the State of Illinois meeting long delays in the processing of their applications for long term care Medicaid benefits.
Defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide.
Represented Nordstrom on appeal of final order of the Department of Labor’s Administrative Review Board dismissing Sarbanes-Oxley Act whistleblower claim on statute of limitations grounds.
Represented Borders on appeal of trial court’s finding that Borders was entitled apportionment of landlord’s just compensation award in condemnation action based on diminished access to shopping center.
Represents Defendant UniAmerica Insurance Company in action brought by employer and trustees of health and welfare trust over stop-loss insurance coverage.
Represented taxpayer on appeal to obtain refund of business & occupation tax unconstitutionally apportioned by the City of Seattle on taxpayer’s out-of-state and out-of-city activities.
Represented taxpayer on appeal to obtain refund of business & occupation tax improperly assessed on taxpayer’s online loan marketplace by Department of Revenue.
Represented taxpayer citizens on appeal in successful action to enjoin enforcement of city ordinance that imposed a graduated income tax on high-income residents of the City of Seattle.
Obtained dismissal on behalf of Cedar Shake and Shingle Bureau (CSSB) in consolidated putative class action alleging antitrust price fixing conspiracy among CSSB and its manufacturer-members.
Represented taxpayer in challenge to unfairly apportioned city tax.
Represented taxpayer in City's appeal of an administrative ruling granting taxpayer a refund.
Successful refund suit challenging whether estate was engaged in business.
Represented Shell Oil Co. in appeal regarding proper valuation of barter transactions.
Represented taxpayer in city's appeal of an administrative ruling granting taxpayer a refund.
(In re America West Airlines, Inc.) Oregon property tax, partial summary judgment for America West and subsequent settlement; substantial tax refund.
Represented affiliates of Kinsel Ameri Properties, Inc. in the purchase of Westbury Apartments.
Represented taxpayer in a matter addressing the deductibility of interest income derived from residential first mortgage loans that were securitized on a servicing retained basis. The Legislature subsequently codified the Supreme Court’s favorable ruling.
Represented taxpayer challenging city tax assessment on apportionment grounds. The Court of Appeals held that the assessment was not fairly apportioned.
Represented taxpayer regarding proper apportionment of state B&O tax under single factor apportionment statute. The Court of Appeals ruled in taxpayer’s favor regarding the proper apportionment method.
Represented plaintiffs challenging Seattle’s income tax. The trial court ruled that Seattle does not have statutory authority to impose an income tax without reaching constitutional issues. The Court of Appeals affirmed on alternative grounds holding that the ordinance violated the Washington constitution.
Obtained favorable comprehensive summary judgment ruling on the matters for all claims; obtained ruling awarding employer clients all attorneys’ fees and costs incurred in the litigation.
Represented bank on appeal from judgment declaring that bank did not have a security interest in seed grown on behalf of bank's debtor.
Obtained $3 million jury verdict in favor of minority member of berry farm LLC on claims for breach of fiduciary duty and breach of contract against majority member.
Negotiated resolution of dispute between owners of cannabis manufacturing business.
Represented bank in litigation brought by radish seed growers claiming that bank wrongfully asserted a security interest in seed they grew on behalf of bank's debtor.
Represented third-party provider of default-related services to mortgage servicer on appeal from the dismissal of antitrust claims brought by borrower.
Represented national drug distributor in litigation brought by the State of Washington relating to the distribution of opioids.
Successfully negotiated resolution of securities claims brought by investors against issuers' managers.
Represented Basic Rights Oregon in obtaining affirmance on appeal of dismissal of claims brought by parent advocacy group challenging school district's policy permitting transgender students to use facilities corresponding to their gender identities.
Represented motorcycle manufacturer in dealer termination dispute; summary judgment for defendant.
Successfully obtained JNOV erasing the majority of damages awarded against plaintiff's former employer at trial, when employer was represented by different counsel.
Successfully defended insurer in trial court and on appeal from attempted garnishment of insurance proceeds arising out of judgment against insured.
Ongoing defense of two Japanese auto parts manufacturers in multiple class action lawsuits seeking damages as a result of collusion in the auto parts industry.
Led preparation of a Ninth Circuit joint appellate brief on behalf of a group of defendants in litigation arising out of a foreclosure.
Obtained judgment on behalf of an architect in a contract dispute with a developer.
Obtained reversal on appeal of a trial court's declaration of the existence of public roads across a vineyard's real estate holdings.
Defended attorney and law firm against claims for secondary liability under the Oregon Securities Law arising out of work performed on limited liability company offering.
Defended bank and trust company in multiple lawsuits alleging secondary liability under Oregon state securities laws arising out of the collapse of the Aequitas investment companies.
Successfully negotiated a nonprofit school’s independence from its parent organization following a litigation dispute between them
Defended electronic display manufacturer in antitrust litigation brought by the State of Oregon.
Obtained dismissal of a class action complaint against a number of long-term care facilities and their management company brought by residents for violation of the Oregon Unlawful Trade Practices Act.
Represented a large financial institution in a breach of contract action involving the purchase of a portfolio of high-yield bonds, resulting in a $7 million verdict in the client’s favor.
Represented a major newspaper in its efforts at the trial court and appellate levels to protect its reporters’ telephone records from a government subpoena.
Represented several employees of a pharmaceutical device company in connection with a federal grand jury investigation into alleged off-label marketing
Represented World Class Technology in a case against one of its largest competitors, Ormco Corporation. The case sought a declaratory judgment that WCT did not infringe Ormco’s patent relating to an orthodontic bracket.
Represented CEO and controlling shareholder of a convenience store company in extensive litigation with an investment bank attempting to take control of the company; litigation was resolved with management retaining control of the company.
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