1047 Search ResultsKeyword: * Cozumel Leasing, LLC v. International Jets, Inc. Case No. 2017 WL 1153865 U.S. District Court, Western District of WashingtonTacoma, Washington Defended client against claims of unjust enrichment, negligent misrepresentation, violation of Washington Consumer Protection Act, negligence and conspiracy. Buck v. SeaRiver Maritime Case No. 211 Or. App. 324, 154 P.3d 750 (2007) Shipowner’s “turnover” duty under federal Longshore and Harbor Workers’ Compensation Act. Joni Summers v. Extendicare Homes, Inc. Case No. 3:11-cv-128-BRPortland, Oregon Represented the defendant against a claim brought by a former employee who alleged whistleblowing violations and wrongful discharge. Watts Constructors, Inc. v. Winzler & Kelly Case No. 13-2-00246-1Kitsap County Superior CourtPort Orchard, Washington Defended design professional against claims brought by a general contractor of cost overruns allegedly caused by errors and omissions in design documents. State of Washington v. LG Electronics, Inc. et al Case No. 12-2-15842-8King County Superior Court 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. State of Washington v. AU Optronics Corp. et al Case No. 10-2-21964-4 King County Superior CourtSeattle, Washington 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. InterCambio Express v. Department of Revenue Thurston County Superior Court 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. Alaskasland v. Kevin Cross, et. al Successfully defended realtor defendants and obtained a complete summary judgment victory against claims for misappropriation, trademark infringement and defamation among others. Appeal now pending. Attachmate Corporation v. Celcom Axiata Berhad Case No. 2:2010cv00526U.S. District Court, Western District of Washington Successfully represented the largest cellular phone company in Malaysia and obtained a complete victory against claims brought by Seattle-based software company Attachmate Corporation. Attachmate had sued Celcom for copyright infringement and breach of contract arising out of the alleged over-installation of software. Attachmate sought damages of more than $5 million. Celcom moved to dismiss the complaint based on copyright doctrines of extraterritoriality and preemption, as well as personal jurisdiction. Judge Ricardo Martinez granted Celcom’s motion in its entirety. Pleasant v. Regence BlueShield Case No. 181 Wn. App. 252, 325 P.3d 237U.S. Court of Appeals, Ninth Circuit Obtained a dismissal of claims for health care coverage. Jolley v. Regence BlueShield* Case No. 153 Wn. App. 434, 220 P.3d 1264U.S. Court of Appeals, Ninth Circuit Obtained a dismissal of claims by terminated health care provider. Glaubach v. Regence BlueShield* Case No. 149 Wn.2d 827, 74 P.3d 115U.S. Court of Appeals, Ninth Circuit We obtained a dismissal of gender discrimination claims (WL 711523). In re Zielinski Obtained dismissal of appeal from involuntary discharge brought by disgruntled and highly disruptive assisted living resident. Anderson v. Shrock Stevens County Superior Court Obtained summary judgment dismissal of claim by former owner of property asserting that life estate precluded non-judicial foreclosure. Guethlein v. Bank of America U.S. District Court, Western District of Washington Obtained summary judgment dismissal of claim to unwind trustee’s sale of residential property. Everett 4 Corners, LLC v. Kmart Corporation U.S. District Court, Western District of Washington Represented landlord in three day federal court bench trial and obtained judgment against tenant for unpaid maintenance expenses, attorney fees and costs. Sullivan v. Harris King County Superior Court Obtained summary judgment in favor of employer in personal injury lawsuit alleging negligent driving by employee. In re Vest Seattle Defending state-issued certificate of need for psychiatric hospital against challenge by competitors Manufacturing Facility v. Utility District AAA Arbitration 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. Welch and Riverside v. Pettersson and Valley Cadillac JAMS Arbitration 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. The Chamberlain Group v. Nassimi Case No. C09-5438-BHSU.S. District Court, Western District of Washington 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. Maid O’Clover v. Chevron Products Group Case No. CV-03-3077-EFSU.S. District Court, Eastern District of Washington Represented defendant oil company in gas pricing and franchise dispute against 20 station marketer; six-week jury trial; defense verdict. SOMA Partners v. Northwest Biotherapeutics Case No. 13 180 02010 04AAA ArbitrationNew York Represented biotech company in arbitration over multi-million dollar investment banking fee claim; three-day arbitration hearing with complete victory for client. Home Depot v. Rosenwald Case No. 96-2-00399-8King County Superior Court Represented lessor in declaratory relief case against tenant one-week bench trial. Horbach v. Tompourlos Case No. 75 Wn. App. 1001Washington Court of Appeals Represented foreclosing seller in commercial property dispute; foreclosure affirmed on appeal. Blanton v. Texaco Case No. 914 F. 2d 188U.S. Court of Appeals, Ninth Circuit Represented putative franchisor in franchise dispute under Washington Franchise Investment Protection Act; summary judgment affirmed on appeal. Paper Manufacturer v. Ellis et al. Case No. 85-2-09627-4King County Superior Court Represented paper manufacturer in dissenting minority shareholder valuation; co-counsel in four-week bench trial; victory for client. Brader v. Minute Muffle Case No. 81 Wn. App. 532Washington Court of Appeals Represented franchisee in franchise dispute under Washington Franchise Investment Protection Act; partial summary judgment and two-week bench trial on damages. Frost v. Morris et al. Case No. 3:01-cv-00342-JKSU.S. District Court, District of Alaska Defended employer against claims of alleged employment discrimination and retaliation. M.C. v. Assets, Inc. Defended employer against claims of national origin and disability discrimination. S.M. v. Assets, Inc. Defended employer against a claim filed with the Anchorage Equal Rights Commission by a former employee claiming discriminatory termination based on disability. A.J. v. Assets, Inc. Defended employer against discrimination claims relating to national origin and sex. Newcomb v. Electrolux Whatcom County Superior Court Defended manufacturer (product liability/traumatic amputation). All Alaskan v. Raychem U.S. District Court, Western District of Washington Represent London Underwriters in $100 million subrogation/fire loss action. In re FV PACESETTER U.S. District Court, Western District of Washington Limitation action/loss of all hands wrongful death claims. Alcoa v. Accident and Casualty Case No. 140 Wn2d 517, 998 P.2d 856 Head of the Joint Defense Counsel in Alcoa v. Accident and Casualty on behalf of Lloyd’s of London, an environmental coverage litigation. Boeing v. Aetna Case No. 113 Wn.2d 869 Washington Supreme CourtOlympia, Washington Lead trial counsel representing Lloyd’s of London in Boeing v. Aetna, an environmental coverage litigation. Paccar v. Alba, et al. Head of Joint Defense Counsel in Paccar v. Alba, et al., on behalf of Lloyd’s of London, an environmental coverage litigation. In re Forcenergy Served as counsel for creditor oil service company in the bankruptcy reorganization of an oil and gas company. In re Wave Wholesale Served as secured lender’s counsel in Chapter 11 of food wholesale distributor in rural Alaska. Shell v. Lindal Cedar Homes Won an arbitration award and judgment for copyright infringement for architectural works against a leading manufacturer of homes. Johnson-Bari v. Sterling Savings Bank Multnomah County Circuit CourtPortland, Oregon 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. M.K. v. Assets, Inc. Defended employer against claims of discrimination and wrongful termination based on race, national origin and retaliation. Lenco Mobile, Inc. In re Archer U.S.A., Inc. U.S. Bankruptcy Court, Western District of Washington Represented Chapter 11 debtors Lenco Mobile and Archer U.S.A. in the bankruptcy of two technology companies involved in the delivery of information via mobile platforms. Liberty Financial Group, Inc. FDIC Litigation Representing the former directors and officers of a failed bank, Liberty Financial Group, in connection with the Federal Deposit Insurance Corporation's allegations that the directors and officers breached their fiduciary duties, which breaches the FDIC alleges ultimately caused the Bank's failure. Macy's, Inc. Labor Negotiations With United Food and Commercials Workers Union, Local 21 Served as chief counsel (at the negotiating table) to Macy's, in labor negotiations for a successor collective bargaining agreement covering seven stores and approximately 1,500+ employees at the client's Seattle-area stores. Negotiations, involving complex issues relating to benefits, paid leave, commissions, compensation and contract language, were completed in August of 2012. MidMountain Contractors v. King County Seattle, Washington Successfully defended King County Wastewater Treatment Division in a multi-million dollar claim brought by a contractor against a public owner, and also prevailed on a multi-million dollar construction defect claim. The majority of the contractor’s claims were dismissed on summary judgment. Oracle Corporation v. Department of Revenue Case No. TC-MD 070762COregon Tax Court 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. Oregon Occupational Safety and Health Division v. NuStar Energy LP Case No. 10-0002OSH Represented NuStar Energy in proceedings before the Oregon Workers Compensation Board, following a multiple count citation by the Oregon Department of Occupational Safety and Health for violation of the Oregon Safe Employment Act at its Portland, Oregon facility. Rapid Funding Group, Inc. v. KeyBank NA Case No. CV07-1348 PK Defended KeyBank against an action by Rapid Funding Group to recover damages based on representations and warranties allegedly made by KeyBank in conjunction with loans by RFG to third-party Trade Base Equipment. RFD Publications v. Oregonian Publishing Co. Case No. 749 F.2d 1327U.S. District Court, District of Oregon Counsel for defendant in suit claiming predatory pricing in violation of the Sherman Antitrust Act, successfully concluded with jury verdict for defendant. Schroeder v. Diamond Parking, Inc. et al Case No. 1:12-cv-00378U.S. District Court, District of Hawaii We acted as national counsel and lead trial counsel for Diamond Parking, Inc. and related entities in a national constitutional, civil rights and consumer class action arising out of our client’s parking concession agreement with the State of Hawaii. Shelter Products v. Bridgewell Resources, LLC et. al. Portland, Oregon We defended departing executives against actions, for a temporary restraining order and preliminary injunction to enforce non-competition agreements, against these departing executives and their new employer. Advised departing executives on strategy and handled all phases of the litigation in circuit court. Complex issues concerning the assignability and validity of covenant not to compete agreements covering key marketing/sales personnel. The case was later voluntarily dismissed with prejudice. Big Box Retailer Wage & Hour Class Action Lawsuit
U.S. District Court, Northern District of California 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. Uei v. Kenai Peninsula Borough Case No. 3KN-11-278 CI 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. Woodford v. Tesoro Companies, Inc. Case No. 3:11-cv-000444-TMBU.S. District Court, District of Alaska Defended employer against claims of wrongful termination, gender discrimination and retaliation. WTD Industries, Inc. v. United States Case No. 95-8483 et al.U.S. Bankruptcy Court, Western District of Washington (In re WTD Industries, Inc.) Federal income tax; settlement, substantial tax refund. 911 Notify, LLC v. ResponseLink LLC, et al Case No. 1:15-cv-00584-LPS-CJBU.S. District Court, District of Delaware Defending ResponseLink LLC and AlertOne Services LLC (collectively “ResponseLink”) against allegations of infringement of a patent relating to call handling and notifications in the event of an emergency. Abou-Zaki (Armani) v. Aetna Life Insurance Company et al. Case No. 2:2012-cv-01688U.S. District Court, Western District of Washington Obtained a complete defense verdict for Aetna Life Insurance Company, following a bench trial, in the case of a plaintiff who sought long-term disability benefits under ERISA. Ah You v. Home Depot Case No. 3:12-cv-00172-HRHU.S. District Court, District of Alaska Defended employer against wrongful termination, national origin discrimination, and violation of the covenant of good faith and fair dealing claims. American Honda Motor Co., Inc. v. Department of Revenue Case No. 060524BOregon Tax Court 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. Attachmate Corporation v. Tarmac Ltd. Case No. 2:2008cv01370U.S. District Court, Western District of Washington Defended Tarmac Ltd. in a multi-million dollar defense of a software copyright infringement lawsuit. Attachmate v. HealthNet Case No. C09-1161 MJPU.S. District Court, Western District of WashingtonSeattle, Washington Defended Computer Talk on a copyright infringement dispute initiated by Attachmate, a software company, for the alleged infringement of its software programs and breach of licenses, one of a number of times we have defended companies sued by Attachmate. Bonus v. Tanana Chiefs Conference, Inc. 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. Carello v. Diamond Parking, Inc. Case No. 1:10-cv-00734U.S. District Court, District of Hawaii We acted as national counsel and lead trial counsel for Diamond Parking, Inc. and related entities in a national constitutional, civil rights and consumer class action arising out of our client’s parking concession agreement with the State of Hawaii. Chevron U.S.A., Inc. v. Pelican Butte Oil, LLC Case No. 1:10-cv-03063U.S. District Court, District of Oregon Represented Chevron in a series of unfair competition; trademark infringement and dilution; and deceptive and unlawful trade practices suits. Collegenet, Inc. v. Google, Inc. Case No. 10-cv-01211U.S. District Court, District of Oregon Acted as co-counsel successfully defending Google in a trademark infringement suit brought by CollegeNet over a Speedbook mark. After CollegeNet moved for a preliminary injunction and Google cross-moved for a pre-answer dismissal, the parties agreed to stay the case and later to dismiss the case with prejudice. Deter v. Sterling Savings Bank Defended Sterling Savings Bank against a charge, filed with the Oregon Bureau of Labor and Industries, in which a former employee alleged discrimination, retaliation and wrongful termination due to sex/pregnancy and her use of the Oregon Family Leave Act. DuWors v. TracFone Wireless, Inc. et al Case No. 2:2010cv01789U.S. District Court, Western District of WashingtonSeattle, Washington 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. Golden Temple of Oregon, LLC v. Puri Case No. 12-10-03055U.S. District Court, District of Oregon Represented Golden Temple in this case involving a demand to inspect records pursuant to a licensing arrangement, an inspection of which our clients disputed the scope as too broad. Gee West Seattle v. Huling Bros. 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. In re Vestas Wind Systems A/S Securities Litigation Case No. 3:2011cv00585U.S. District Court, District of Oregon Representing Henrik Nørremark, former Chief Financial Officer of Vestas Wind Systems A/S, in actions pending in the United States, India and Denmark, including allegations of securities fraud. Jacketta v. The Home Depot, Inc. Defended employer against a claim of disability discrimination (failure to accommodate) processed by Alaska State Commission for Human Rights (ASCHR). Big Box Retailer Wage & Hour Class Action Lawsuit
U.S. District Court, District of AlaskaAnchorage, Alaska 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. Bradford v. McDonnell Douglas Defended Mcdonnell Douglas and obtained a Products Liability Defense Verdict against 34 plaintiffs after three month trial. Boursee v Texaco Represented client Texaco in a Contract Employee Class Action successfully defeating class certification. FLIR Systems, Inc. v. Sierra Media, Inc. et al Case No. 3:2010cv00971U.S. District Court, District of Oregon 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. In re Summary Judgement for Specialty Engineering Firm U.S. District Court, Western District of WashingtonSeattle, Washington 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. Tortes v. King County* Case No. 119 Wn. App. 1, 84 P.3d 252U.S. Court of Appeals, Ninth Circuit We obtained a dismissal of claims against Metro by a party injured in an Aurora Bridge accident. Nielson v. Eisenhower & Carlson* Case No. 100 Wn. App. 584, 999 P.2d 42U.S. Court of Appeals, Ninth Circuit We obtained a dismissal of attorney malpractice claims. Evergreen Safety Council v. RSA Network, Inc. Case No. 2011 U.S. Dist. LEXIS 64261 aff’d 697 F.3d 1221, 104 U.S.P.Q.2D (BNA) 1380, Copy. L. Rep. (CCH) ¶ 30,333 U.S. Court of Appeals, Ninth Circuit Successfully defended Evergreen Safety Council in defeating a copyright infringement claim filed by RSA for the use of traffic safety diagrams and text. Coble v. Anita Renfroe, LLC et al Case No. 2:2011cv00498U.S. District Court, Western District of Washington Successfully defended author and entertainer Anita Renfroe in a copyright and trademark infringement suit. In re Family Christian Family, LLC et al.* Case No. GG 15-00643-jtgU.S. District Court, Western District of Michigan Represented Credit Suisse, as administrative agent for a cross-collateralized credit facility with $34M exposure in Chapter 11 case filed by Christian Family, LLC. adidas America, Inc. et al v. Skechers USA, Inc. Case No. 3:15-cv-01741-HZU.S. District Court, District of Oregon Defending Skechers, as local counsel, against trademark and trade dress infringement, dilution, unfair competition and breach of contract claims asserted by adidas. Heart, LLC v. Heart Pizza, LLC 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. Union Square Partnership, Inc. v. Savitri Durkee* Represented Savitri Durkee in copyright infringement suit by Union Square Partnership. Counterclaimed and sought declaration of non-infringement of trademark, declaratory and injunctive relief under the Anti-cybersquatting Consumer Protection Act, 15 U.S.C. 114(2)(D)(v), and violation of New York Anti-SLAPP Act, N.Y. Civil Rights Law 70-a, 76-a.). Favorable settlement. Brooks v. Big Box Retailer Case No. OAH No. 11-0206-HRC, ASCHR No. J-08-0069Alaska State Commission for Human Rights 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. Johnson v. Big Box Retailer Defended employer against claims of alleged sex discrimination, harassment, retaliation, failure to accommodate and wrongful termination Warshawer et al. v. Tarnutzer Case No. 2-14-cv-01042-RSM U.S. District Court, Western District of Washington Represented former shareholders of acquired company in dispute with putative shareholder; summary judgment for clients. Wallace v. Lockheed Martin* U.S. District Court, Eastern District of Washington Obtained summary judgment for employer in litigation alleging gender discrimination. Brinker International Payroll Company, LP v. Duke Investments, LLC Case No. 3:12-cv-00033U.S. District Court, District of AlaskaAnchorage, Alaska 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. Steele v. Extendicare Health Services, Inc. Case No. 607 F.Supp.2d 1226 U.S. District Court, Western District of Washington Represented the defendant, obtaining an order dismissing class action claims under the Washington Consumer Protection Act in the context of long term care. Justice v. Vercher Case No. 18cv17601Washington CountyHillsboro, Oregon Represent plaintiff in landmark action brought by a horse seeking damages for severe neglect under Oregon negligence law. Animal Legal Defense Fund v. U.S. Department of Agriculture Case No. 17-cv-039013-PJHU.S. District Court, Northern District of California 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. Robert Repin v. State of Washington Washington Court of Appeals 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. Center for Biological Diversity v. Washington Department of Fish and Wildlife Case No. 18-2-02766-34Thurston County Superior CourtOlympia, Washington 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. Institute of Cetacean Research v. Sea Shepherd Conservation Society and Paul Watson Case No. 2:11-cv-02043-JLRU.S. District Court, Western District of WashingtonSeattle, Washington 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. Center for Biological Diversity v. Ryan Zinke Case No. 3:17-cv-00091-SLGAlaska 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. Center for Biological Diversity and Cascadia Wildlands v. Washington Department of Fish and Wildlife Case No. 17-2-05206-34Thurston County Superior CourtOlympia, Washington 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. Center for Biological Diversity v. Washington Department of Fish and Wildlife Case No. 17-2-06105-34Thurston County Superior CourtOlympia, Washington 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. State of Hawaii v. Trump Case No. 17-15589U.S. Court of Appeals, Ninth Circuit 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. Sabbagh v. Cell Therapeutics* Case No. 2:10-cv-00414-MJPU.S. District Court, Western District of WashingtonSeattle, Washington Represented company and individual defendants in defense of securities class action. Schonfield v. Dendreon Corporation* Case No. 2:07-cv-00800-MJPU.S. District Court, Western District of WashingtonSeattle, Washington Represented company and individual defendants in defense of securities class action. McLain v. WSB Financial Group Inc.* Case No. 2:07-cv-01747-RAJ / 3:07-cv-05618-RAJ / 3:07-cv-05620-RAJ / 2:07-cv-02067-RAJU.S. District Court, Western District of WashingtonSeattle, Washington Represented company in defense of securities class action. Nielsen v. Unum Life Insurance Company of America, et al Case No. 2:13cv1717U.S. District Court, Western District of Washington Defended Unum Group against claims that its administration of Catholic Health Initiatives’s employee benefit plan was actually a “church plan” and not governed by ERISA. Grant v. First Horizon 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). Ortiz v. Sam’s Club Defended employer against alleged national origin discrimination and retaliation claims. Allen v. Boeing Company Case No. 2:14-cv-00596U.S. District Court, Western District of Washington 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. Northwest Gas Association v. WUTC Case No. 141 Wn.App. 98, 168 P.3d 443, rev. denied, 163 Wn.2d 1049 Lead counsel for natural gas and liquids pipeline clients concerning applicability of the Washington Public Records Act terrorism exemption. Olympic Pipeline Company Environmental Issues Advised Olympic Pipeline Company on environmental issues, including natural resource damages, restoration planning and Endangered Species Act, concerning the Bellingham pipeline explosion. Rad Power Bikes v. Lectric Cycles 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. Plant Patent Advice and Counsel Provided advice and counsel regarding plant patent rights in connection with a trademark dispute over certain patented and trademarked varietal plant names. Taltech Ltd v. Esquel Enterprises Ltd 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. Benson v. NFC Data, Inc.
Case No. 1:12cv1161, 2013 U.S. Dist. LEXIS 63115 Lead defense counsel in patent ownership proceeding in the Virginia Eastern District Court (“rocket docket”) and prevailed for client in preliminary injunction proceedings. Van Well Nursery v. MONY Life Insurance Company Case No. 421 F.Supp.2d 1321; 362 F.Supp.2d 1223U.S. District Court, Eastern District of Washington 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. Thermion, Inc. v. Thermion Metalizing Systems, Ltd. Case No. 3:05-cv-05409U.S. District Court, Western District of Washington Patent and trademark infringement claims and counter claims; defendant’s successful preliminary injunction cross-motion is reported at 423 F.Supp.2d 1146. Attachmate Corporation v. Health Net, Inc. Case No. 2:09-cv-01161U.S. District Court, Western District of Washington Local trial counsel in defense of alleged software copyright infringement and breach of contract claims. Sever v. Alaska Pulp Corporation Case No. 978 F.2d 1592; 941 P.2d 354 Alaska Supreme Court 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. Precor v. Life Fitness Complex patent litigation involving a number of key patents covering the designs and technologies incorporated into “high-end” exercise treadmills. Gerawan Farming, Inc. v. Prima Bella Produce, Inc Case No. 1:10-cv-00148-LJOU.S. District Court, Eastern District of CaliforniaFresno, California Defended Prima Bella Produce against federal and state claims for trademark infringement, dilution and unfair competition brought by Gerawan Farming, a case that ended in a confidential settlement agreement. Enterprises International, Inc. v. International Knife & Saw, Inc. Case No. C12-5638 BHS, 2014 U.S. Dist. LEXIS 101375; Copy. L. Rep. (CCH) ¶ 30,641, recons. denied, 2014 U.S. Dist. LEXIS 124221U.S. District Court, Western District of Washington Defended International Knife and Saw, a South Carolina-based manufacturing company, against claims for the misappropriation of intellectual property. Carr v. United Healthcare Services Inc. Case No. 2:15-cv-01105U.S. District Court, Western District of WashingtonSeattle, Washington 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. WHCA v. Dreyfus Case No. WL 2432005U.S. District Court, Western District of WashingtonSeattle, Washington Order granting motion for temporary restraining order enjoining Medicaid rate cuts by the state of Washington. Steele v. Extendicare Health Services, Inc. et al 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. Seelhoff v. Welch Represented plaintiff in antitrust action through trial to judgment. A.F. v. T-Mobile USA, Inc. and United Healthcare Services, Inc. Case No. 2:15-cv-00180U.S. District Court, Western District of WashingtonSeattle, Washington 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. Hovila v. Tween Brands Inc. Case No. C09-491RSLU.S. District Court, Western District of Washington Telephone Consumer Protection Act (TCPA) class action. Oil Refinery Development Agreement Represented a North Dakota city in the drafting and negotiation of a development agreement for construction and operation of an oil refinery. Van Buskirk v. ConocoPhillips, Inc. Case No. 2009 WL 3784334U.S. District Court, Western District of Washington Representation of refinery in shoreline dispute with more than 30 plaintiffs. Amaker v. King County et. al. Case No. 479 F. Supp. 2d 1151,
479 F. Supp 2d 1189,
479 F. Supp 2d 1162
aff'd in part, 291 Fed. App’x 817U.S. Court of Appeals, Ninth Circuit Representation of county and medical research institute. Olympic Pipeline Litigation Wrongful death, business interruption and natural resource damages claims arising out of the Olympic Pipe Line explosion. Government Contracting Services LLC v. Evergreen Fire Alarms LLC We represented Government Contracting Services in obtaining a temporary restraining order and preliminary injunction against two former employees and their new employer for violating non-disclosure agreements, and tortiously interfering with contractual and business relations. Singh v. University of Washington* 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. State of Washington v. Trump Case No. 2:17-cv-00141-JLR / 17-35304 U.S. Court of Appeals, Ninth Circuit 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. Schleiter v. Sam’s Club Defended retailer against alleged disability discrimination in employment, retaliation and wrongful termination suit CityMix, Inc. Intellectual Property Advice Providing advice to CityMix, construction industry startup, regarding all aspects of patent and trade secret protection, filing strategies, developing new business models, licensing, supply and distribution. Big Box Retailer Wage & Hour Class Action Lawsuit
U.S. District Court, District of Oregon 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. Big Box Retailer Wage & Hour Class Action Lawsuit U.S. District Court, District of Oregon 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. A. H. Lundberg Associates, Inc. v. TSI, Inc. Case No. 2:14-CV-01160U.S. District Court, Western District of WashingtonSeattle, Washington 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. GeoTag Inc v. Frontier Communications Corp et al Case No. 2:2010-cv-00265U.S. District Court, Eastern District of Texas Defended Intelius/inome in a patent infringement suit for a locator service, alleging that that Intelius infringes a patent for database searches that are both geographical and topical. Electric Mirror LLC v. Janmar Lighting Inc. 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. Abubakar v. Aetna Life Ins. Co.* 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. Agrilink Foods, Inc. v. Washington Department of Revenue* Washington Supreme Court 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. Samis Land Co. v. City of Soap Lake* Washington Supreme Court 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. A.D. v. T-Mobile USA, Inc. and United Healthcare Services, Inc. Case No. 2:15-cv-00180U.S. District Court, Western District of WashingtonSeattle, Washington 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. Live Ventures Securities Litigation U.S. District Court, District of Nevada Achieved dismissal with prejudice of putative class action and derivative lawsuits alleging securities violations following filing motions to dismiss. Pattison v. Omnitrition International, Inc. U.S. District Court, Western District of Washington Achieved dismissal with prejudice of putative class action on behalf of consumer products client, Omnitrition International, Inc. Novell v. Microsoft* U.S. District Court, District Court of Utah 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. In re Micromet Shareholders Litigation* Delaware Chancery Court Represented Amgen in connection with expedited Delaware and Maryland merger litigation arising from the proposed $1.1B acquisition of Micromet, Inc. Case dismissed. Securities Broker-Dealer FINRA Arbitration Case No. 10-05313FINRAWashington 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. NYSE Arca Equities, Inc. Complaint 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. InstruMed, Inc. Electronic Tourniquet Trade Secret Suit 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. Dean Witter Reynolds Inc. Employment Suit 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. Johnson International v. Baillie Lumber Co. 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. McBride Scientific Services v. Eldec, Inc. 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. Holiday Inn Franchise Dispute 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. First Union Non-compete and Trade Secrets Suit 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. Morgan Stanley Dean Witter Discrimination Claims 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. Wade Cook v. Quantum Vision 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. Wade Cook v. Tony Robbins 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. Lincoln Life Non-compete and Trade Secrets Suit 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. Anderson v. Aurotek, Inc. Case No. 774 F.2d 927U.S. Court of Appeals, Ninth Circuit 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. In re WPPSS Securities Litigation Case No. MDL No. 551 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. Heath & Company Trademark Infringement Suit 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. Bennett v. Maloney et al. Case No. 86-2-08163-1King County Superior Court 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. Hollinger v. Titan Capital Corp. Case No. 914 F.2d 1564 U.S. Court of Appeals, Ninth Circuit 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. In Re Nordstrom Securities Litigation Case No. C90-295CU.S. District Court, Western District of Washington 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. National Association of Securities Dealers Arbitration Case No. 91-00612 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. Howey v. Michie Case No. 84-2-00505-4Spokane County District Court 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. Gold Mining Venture Arbitration and Related Bankruptcy Case No. 75-136-00094AAA Arbitration 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. Pounds v. Auravision Case No. 86-2-01317-8Pierce County Superior Court 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. Broker-dealer NASD Arbitration Case No. 92-03433 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. Thacker v. Dean Witter Reynolds Inc. Case No. C91-962DU.S. District Court, Western District of WashingtonSeattle, Washington 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. Getty v. Harmon Case No. C98-178WDU.S. District Court, Western District of Washington 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. JP Morgan Chase Securities Claim 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. Convertpac Non-compete and Trade Secret Matter 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. Datec, Inc. v. Hogberg 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. Multiple Firm Mortgage Backed Securities Dispute 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. Aramark Uniform & Career Apparel, Inc. Trade Secrets Suit 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. Abigail Investments v. Urquhart v. Abigail, Mainland Resources et al. Case No. 2:09-cv-1174-JCM-GWF U.S. District Court, District of Nevada 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. First Health Care Products Lanham Act Suit 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. Smith & Nephew United, Inc. Employment Suit 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. Kforce Inc. v. Oxenhandler Case No. 2:14-cv-00774-MJPU.S. District Court, Western District of WashingtonSeattle, Washington 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. Compana LLC v. Aetna, Inc. Case No. C05-0277L, 2006 WL 829111U.S. District Court, Western District of Washington 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. McDonald Investments Inc. v. Farnham, Walker et al. Case No. CV-01669MJPU.S. District Court, Western District of Washington 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. Edward D. Jones & Co. L.P. v. Mark Anderson Case No. 12-2-34362-4 SEAKing County Superior Court 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. Simmonds v. Credit Suisse Securities (USA) LLC Case No. C07-1549JLR U.S. District Court, Western District of Washington 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. Gig Harbor Family Trust v. Columbia Valuation Group, Inc. et al. Case No. 13-2-04399-8King County Superior 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. Stroh v. Saturna Case No. 2:16-cv-00283-TSZ U.S. District Court, Western District of WashingtonSeattle, Washington Served as co-counsel for plaintiff in trial of action for retaliatory discharge in violation of federal whistleblower statutes. Buskey v. Morgan Stanley Dean Witter 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. Neves v. WaMu Investments Inc. Case No. 08-0450FINRA 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. Arth v. Auravision Case No. 86-2-01317-8Pierce County Superior Court 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. McGrath, et al. v. Sentra Securities Corporation, et al. Case No. C87-475WDU.S. District Court, Western District of Washington 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. Glenham v. Palzer Case No. C87-849WDU.S. District Court, Western District of Washington 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). Washington Health Care Association, et al. v. Dreyfus, et al. Case No. CV09-5395-RBLU.S. District Court, Western District of Washington Represented the Washington Health Care Association (WHCA) and a number of Washington skilled nursing homes in a federal lawsuit which challenged the validity of a cut in Medicare reimbursement rates. Um v. Spokane Rock I, LLC 904 F.3d 815 (9th Cir. 2018) 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. Washington Federal v. Harvey 340 P.3d 846 (Wash. 2015) 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. New Cingular Wireless PCS, LLC v. City of Clyde Hill 374 P.3d 151 (Wash. 2015) 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. Washington Federal v. Azure Chelan LLC 382 P.3d 20 (Wash. Ct. App. 2016) 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. Bassett v. ABM Parking Services, Inc. 883 F.3d 776 (9th Cir. 2018) 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). Lyft, Inc. v. City of Seattle 418 P.2d 102 (Wash. 2018) 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. Carr v. United Healthcare Services Inc. 2:15-cv-01105U.S. District Court, Western District of Washington Defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide. Carole Coppinger-Martin v. Hilda Solis, et al. 627 F.3d 745 (9th Cir. 2010) 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. City of Puyallup v. Hogan, et al. 277 P.3d 49 (Wash. Ct. App. 2012) 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. City of Seattle v. KMS Financial Services, Inc. 459 P.3d 359 (Wash. Ct. App. 2020) 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. Kunath v. City of Seattle 444 P.3d 1235 (Wash. Ct. App. 2019) 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. A.D. v. T-Mobile USA, Inc. and United Healthcare Services, Inc. Case No. 2:15-cv-00180U.S. District Court, Western District of Washington 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. America West Airlines, Inc. v. Multnomah County Case No. 91-07505-PHX-RGMU.S. Bankruptcy Court, District of Arizona (In re America West Airlines, Inc.) Oregon property tax, partial summary judgment for America West and subsequent settlement; substantial tax refund. HomeStreet, Inc. v. Washington Department of Revenue Washington Supreme Court 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. LendingTree, LLC v. Washington Department of Revenue 12 Wn.App.2d 887 (2020) 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. Kunath v. City of Seattle 10 Wn.App.2d 205 (2019), review denied 195 Wn.2d 1013 (2020) 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. FINRA Arbitration for Broker-Dealer, Financial Advisor and Sales Assistant Case No. 10-05313 FINRASeattle, Washington 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. Washington State Securities Investigation 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. Rhodes v. National Bank Case No. 1:16-cv-00767-CKK Received successful settlement of borrower class action regarding alleged property preservation activities in the State of Washington. Contos v. National Bank Escrow Company LLC Case No. C08-838ZU.S. District Court, Western District of WashingtonSeattle, Washington Represented National Bank 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. Merrihew v. Charles Schwab and Company, Inc., et al Represented National Bank in a collective action filed against it on behalf of 54 investors who claim losses in excess of $10M resulting from the collapse of a Ponzi scheme operated by Wesley Rhodes, a former investment advisor. Stevens v. First Interstate Bank of Cal. Case No. 167 Or. App. 280, 999 P.2d 551, rev. denied, 331 Or. 429 (2000) Privacy claims arising out of third party’s misappropriation of customer’s credit information. Edward D. Jones & Co. v. Alan Lawrence Case No. 2:14-01406- JLRU.S. District Court, Western District of Washington 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. Rowell, et al. v. Underwood, et al. Oregon 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. Neagle v. Altisource Solutions, et al. District Court Represented third-party provider of default-related services to mortgage servicer on appeal from the dismissal of antitrust claims brought by borrower. Altenhofen v. Chyp, LLC, et al. Oregon Successfully obtained JNOV erasing the majority of damages awarded against plaintiff's former employer at trial, when employer was represented by different counsel. Brandrup v. ReconTrust Co., N.A. Case No. S060281Oregon Supreme Court Represented Bank of America and numerous other players in the mortgage industry in cases referred to the Oregon Supreme Court from the U.S. District Court for the District of Oregon. arising out of the mortgage foreclosure crisis. Golden Tea Management Advice In re Golden Temple of Oregon Litigation Case No. 0909-13281 and 1010-14518Multnomah County Circuit Court Defended GTM, the manager and majority owner of Golden Temple of Oregon, LLC (GTO), the leading tea manufacturer in the natural foods sector, against multiple challenges to the 2007 transaction that gave GTM control of GTO. In re Lihua International, Inc. Shareholder Derivative Action Case No. 14-cv-03543-RAU.S. District Court, Southern District of New York Defending Lihua International and various individuals in a securities class action arising out of the discovery in late April 2014 that Lihua’s former CEO and former COO took out $200M in hidden and unauthorized debt ostensibly on the company’s behalf. Ciuffitelli et al. v. Deloitte & Touche LLP, et al. Case No. 3:16-cv-00580-ACU.S. District Court, District of Oregon 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. In re Lihua International, Inc. Securities Litigation Case No. 14-cv-05037-RAU.S. District Court, Southern District of New York Defending Lihua International and various individuals in a securities class action arising out of the discovery in late April 2014 that Lihua’s former CEO and former COO took out $200M in hidden and unauthorized debt ostensibly on the company’s behalf. HLHZ Investments, LLC v. Plaid Pantries, Inc., et al. Case No. 06-cv-797-KIU.S. District Court, District of Oregon 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. Stratus Technical Sales LLC Antitrust Investigation Represented a manufacturer's representative of semiconductor technologies and products in a DOJ antitrust investigation of cartel behavior in the Static Random Access Memory (SRAM) semiconductor market and related civil class action price-fixing actions. Wah Chang v. PacifiCorp Case No. 212 Or. App. 14, 157 P.3d 243 (2007) 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. Naylor et al. v. Sunwest Management Inc. et al. Case No. 0703-03248Multnomah County Circuit Court 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. In re Automotive Parts Antitrust Litigation U.S. District Court, Eastern District of MichiganDetroit, Michigan 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. Washington Health Care Association v. Arnold-Williams, et al. 601 F. Supp. 2d 1224 U.S. District Court, Western District of Washington 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 U.S. Constitution. Kendall and Rahlfs v. The Home Depot, Inc.
Case No. 3AN-06-13817U.S. District Court, District of Alaska Obtained summary judgment against both plaintiffs (former store managers) alleging age and disability discrimination. Package Guard, Inc. 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. In re L&L Energy, Inc. Securities Litigation Case No. 13-cv-6704-RAU.S. District Court, Southern District of New York Represented L&L Energy and various current and former directors and officers in two sets of securities class actions in federal court in Washington and New York, five shareholder derivative actions in federal and state court in Washington and Nevada, and potential opt-out litigation. Tanadgusix Corp. v. ARM, Ltd. 429 F. Supp. 3d 677 U.S. District Court, District of Alaska Represented Defendant Unimerica Insurance Company in action brought by employer and trustees of health and welfare trust over stop-loss insurance coverage. Krzyminski v. Spokane County 830 Fed. App’x 918 (9th Cir. 2020) Represented Spokane County on appeal of action brought by a former employee under USERRA for denial of pension credit benefits for time served on active duty. In re Cedar Shake and Shingle Antitrust Litigation Case No. C19-288-MJPU.S. District Court, Western District of Washington 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. Prium Companies v. Spokane Rock 1, LLC Defended Spokane Rock 1 against an attempt by Prium Companies LLC to wrest control of an office complex, eventually obtaining a dismissal and default sanctions, and an award of attorneys' fees. House v. Amtrak and BNSF Railway Company Case No. 11-CV-2110-TSZU.S. District Court, Western District of Washington Successfully defended National RR Passenger Corp. against a lawsuit filed brought by a driver severely injured in a train accident in Marysville, Washington. Panter et al v. BNSF et al Case No. 3:2011cv05691U.S. District Court, Western District of WashingtonTacoma, Washington Successfully defended National RR Passenger Corp. in litigation brought by family members of a woman who died in a vehicular grade crossing accident involving a BNSF train and an Amtrak train in Bucoda, Washington. McVay v. BNSF Railway Company Case No. 2014 FRS-00068 Successfully defended BNSF against a whistleblower/retaliation claim under the Federal Rail Safety Act. Frank v. Cannabis and Glass, et al. Case No. Case No. 2:19-cv-00250-SABU.S. District Court, Western District of WashingtonSeattle, Washington Class action alleging violation of the federal Telephone Consumer Protection Act. Barker v. Thrive Causemetics, Inc. et al. Case No. 2:18-cv-01470-TSZU.S. District Court, Western District of Washington Defended client in class action alleging fraud and violation of Washington Consumer Protection Act. Healthy Halo Insurance Services, LLC Case No. Case No. 2:21-cv-104U.S. District Court, Western District of WashingtonSeattle, Washington Class action alleging violation of the federal Telephone Consumer Protection Act. A.G., et al. v. Premera Blue Cross, et al. Case No. 11-2-30233-4 SEAKing County Superior CourtSeattle, Washington Represented client Premera Blue Cross in a Washington Mental Health Parity Act and consumer protection matter. R.H., et al. v. Premera Blue Cross, et al. Case No. 13-cv-00097RAJU.S. District Court, Western District of WashingtonSeattle, Washington Represented client Premera Blue Cross in a Washington Mental Health Parity Act and consumer protection matter. Koss v. Norwood 305 F. Supp. 3d 897 U.S. District Court, Northern District of Illinois 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. Flowers v. Fred Hutchinson Cancer Center Case No. C17-0989-JCCU.S. District Court, Western District of WashingtonSeattle, Washington Defended Fred Hutchinson Cancer Institute against age and disability claims brought by a long-term employee also alleging retaliation claims, and obtained summary dismissal. Port of Portland v. Union Pacific Railroad Represented Union Pacific Railroad in a United States District Court case (District of Oregon) in a trial involving allocating responsibility for remediating contaminated sediments located in the Willamette River. Achieved a verdict in favor of Union Pacific Railroad allocating 90% of liability to the Port of Portland. Portland Trailblazers v. Dunleavy Represented client in an AAA Arbitration arising out of the termination of client’s contract as coach of the Portland Trailblazers which resulted in a favorable outcome for the client. Connell v. Drake Successfully represented defendants in a multi-million dollar will contest case involving claims of lack of testamentary capacity and undue influence. Achieved a judgment in favor of clients after a 6 week trial to the court. Class Action – Aerospace Represented national aerospace manufacturer in defense of toxic tort class action claiming nuisance and trespass from vapor intrusion of volatile organic compounds, and seeking medical monitoring remedies. DOJ Investigation and Oregon UTPA Represented healthcare company in connection with DOJ investigation of alleged violations of the Oregon Unlawful Trade Practices Act. Insurance Broker Defense Successfully defended insurance broker against claims of negligence, misrepresentation, and violations of the Consumer Protection Act. Leonard v. City of Spokane (1995) (Washington Supreme Court)* Successfully represented amici curiae PEMCO Insurance Co., Washington Education Association and Seattle Federation of Community Councils in challenge to Tax Increment Financing law ("TIF"). Court agreed that TIF was an unconstitutional diversion of state school funds. Belas v. Kiga. (Washington Supreme Court)* Represented the Washington Association of County Officials challenging the "value averaging" feature of Referendum 47. The Washington Supreme Court ruled that "value averaging" violated the tax uniformity clause of the state constitution. United States of America v. Linnton Plywood Association Case No. 3:14-cv-01772-MOU.S. District Court, District of Oregon Representing Linnton Plywood in regards to potential liability for releases into Portland Harbor, as well as in negotiating a prospective purchaser agreement with the prospective purchaser, regulatory agencies, and other liable parties. Con-way, Inc. 20-Acre Urban Land Redevelopment Counseling Con-way Freight in regards to more than 20 acres of land Con-way owns in the heart of Portland, comprising one of the largest tracts of privately owned urban land in the United States. Hilltop Mall 20-Acre Master Plan and Redevelopment Counseled Hilltop Mall in the redevelopment and leasing of the client’s 20-acre site in Oregon City, Oregon, which included a 20-acre master plan approval from the City of Oregon City and an anchor tenant lease with Safeway, Inc. Network v. CES Case No. 2:17-cv-01589U.S. District Court, Western District of Washington 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. National Bank Financing for Rental Car Facility Represented national bank lender in negotiating and drafting documentation for Construction and Term Loan financing for a quick turnaround rental car facility located at the Bismarck, North Dakota Airport. REIT Sale and Transition of Independent Living Facilities Represented a publicly traded REIT in the transition of a total of 18 independent living facilities through the sale of two independent living facilities in Fort Wayne, Indiana, and Vancouver, Washington, and the transition of the remaining 16 facilities into two RIDEA portfolios with the new operators thereof. $27.05M Purchase and Financing of Assisted Living Facility Represented the purchaser of an assisted living facility in Easton, Maryland, for a purchase price of $27.05M and the related financing of the purchase price with the proceeds of a loan in the amount of $16.230M and the negotiation of a new management agreement with the facility manager. $7.55M Purchase of Assisted Living Facility Represented the purchaser of an assisted living facility in Trussville, Alabama, for a purchase price of $7.5M and the negotiation of a new management agreement with the facility manager. $12.25M Sale of Assisted Living Facilities Represented the seller of two family owned and operated assisted living facilities in Bluffton and Hilton Head, South Carolina, for an aggregate purchase price of $12.25M. Purchase and Financing of Assisted Living Facilities Represented the purchaser in two separate transactions from the same seller of two assisted living facility in Nevada for a purchase price of $13.95M and of $39.5M, and the related financing of the purchase price for one of the facilities with the proceeds of a loan in the amount of $23.64M and negotiation of a new management agreement with the facility manager. $24M Purchase and Financing of Skilled Nursing Facilities Represented the purchaser/new operator of two skilled nursing facilities in Nevada for a purchase price of $24.M and the related financing of the purchase price with the proceeds of a loan in the amount of $29.2M and a revolving working capital loan in the amount of $2.4M. REIT Restructuring of Multi-Facility Lease Represented a publicly traded REIT in the restructuring of a multi-facility lease arrangement with a tenant including the sale of two facilities in Florida for an aggregate purchase price of $22M. REIT Replacement of Tenant Operator Represented a publicly traded REIT in two separate transactions involving the replacement of the tenant operator of one senior housing living facility in Pennsylvania and three memory care facilities in Illinois. Institutional Pharmacy Business Acquisition Represented an Oregon-based institutional pharmacy business in the acquisition of a 70 percent interest in a Nebraska pharmacy business and the negotiation of the related entity documents and founder agreements. Senior Housing Developer Joint Venture Agreement and Acquisition Represented the developer in the negotiation of a joint venture agreement with a publicly-traded health care REIT in connection with the development of a senior living facility in Arlington, Washington and the related acquisition, lease, and development agreements. WMIH Corp. Strategic Investment by KKR 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. Paul Cherrie Advised acquirer of Sharffen Berger chocolate brand from Hershey. OMSI Advised OMSI on issuance of tax-exempt Revenue Bonds. Galt Foundation Advised Galt Foundation on entry into a joint venture with 2RB, Inc. Sale of PSA Composites LLC to Weyerhaeuser Company 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. Acquisition of Bank Holding Company Negotiated, documented and filed all regulatory applications for client's acquisition for control of a $650 million bank holding company located in California. OMSI Strategic Advice Advise management and the board on governance, finance and other matters, including tax-exempt bond financings. Intercoastal, Inc. Sale to Herndon Products, Inc. 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. Abcam PLC Acquisition of MitoSciences Inc. Represented Abcam, a Cambridge, UK public company, in its acquisition of MitoSciences Inc., an Oregon-based leading developer of mitochondrial antibodies and mitochondrial assays. Porsche SE 2018 Investment Represented Porsche SE, the holding company with a controlling interest in the Volkswagen Group, in its 2018 investments. Norm Thompson Outfitters, Inc. Strategic Advice 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. Nau, Inc. Corporate & Finance Advice 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. Kam Yen Jan Sale of Business Advised the January Company, a leading manufacturer of Chinese-style meat products, in the sale of its business. Christensen Inc. Acquisition of United Oil Represented Christensen Inc., a leader in fuel, lubricants, and propane distribution across the Pacific Northwest, in its acquisition of United Oil, one of the industry’s premier distributors, with operations based in southern Idaho.
Give InKind Sale to Wolfe
Advised Give InKind, a social giving startup, with respect to its acquisition by Wolfe, a gift card company. Pikington v. Whitworth Water Dist. No. 2* Spokane County Superior Court 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. Messenger v. Maden* Spokane County District Court 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. Carlson v. City of Spokane* U.S. District Court, Eastern District of Washington Federal jury trial of an employment discrimination matter. The defendant was accused of wrongfully terminating an employee with a disability. Walker v. Sherman* King County Superior Court Bench trial of a wage and hour of employment contract case. The court decided the case in favor of Jackson's client. Abel, et al., v. City of Algona* U.S. District Court, Western District of Washington Participated in obtaining summary judgment dismissal in favor of a police department in a multi-plaintiff employment law matter. Moon v. City of Bellevue * King County Superior Court Participated in obtaining summary judgement dismissal in favor of a police department in an employment law matter. Ferrante v. Castle* Spokane County Superior Court 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. Woods v. Attorney* King County Superior Court Obtained summary judgment dismissal of legal malpractice claims filed against the defendant. Inocencio v. First Cash, Inc. King County Superior Court Plaintiff voluntarily dismissed his retaliation and disability claims following his deposition. Bilbeisi v. Safeway U.S. District Court, Western District of Washington Obtained summary judgment in favor of employer dismissing claims of racial discrimination, harassment, and defamation. Physician v. Regional Medical Practice Arbitration Represented physician who challenged her noncompetition agreement on grounds that it violated a new state law restricting noncompetes and antitrust laws. Accounting Firm v. Former Employee King County Superior Court Obtained summary judgment in favor of accounting firm against former employee who misappropriated trade secrets and took confidential information. Sanchez v. Bethlehem Construction Chelan County Superior Court Jury trial involving claims of whistleblowing, race discrimination, retaliation, and wrongful termination. Johnson v. Albertsons U.S. District Court, Western District of Washington Two-week federal jury trial involving claims of gender discrimination and retaliation. Thurman v. Spokane County Spokane County Superior Court Four-week jury trial involving claims of racial discrimination and defamation. Tempered Networks Sale to Johnson Controls
Advised Tempered Networks, a Washington-based technology company that develops advanced network security products, with respect to its acquisition by Johnson Controls,the global leader for smart, healthy, and sustainable buildings. Tempered Networks' "Airwall" technology will give Johnson Controls the capability to provide zero trust security within the fabric of its OpenBlue secure communications stack, advancing its vision of enabling fully autonomous buildings that are inherently resilient to cyberattack.
Swaw v. Safeway, Inc. U.S. District Court, Western District of Washington Represented employer sued for disability discrimination based on medical marijuana use; successfully obtained order granting judgment on the pleadings, upholding termination. Harmon v. Home Depot
U.S. Court of Appeals, Ninth Circuit Affirmed defense judgment in sexual harassment and hostile work environment case; published opinion. Johnson v. Sun-Sentinel Company* U.S. District Court, Southern District of Florida Won summary judgment for employer in case involving Title VII and state law claims of racial, national origin and sexual harassment, retaliation, and race and sex discrimination. McPherson v. City of Waukegan* U.S. District Court, Northern District of Illinois Won summary judgment for employer on claims of sexual harassment, assault and battery; decision affirmed on appeal to the Seventh Circuit. Monster v. NaturoMedica We were retained to defend NaturoMedica in a claim alleging wrongful discharge, failure to accommodate, and unfair treatment of a minority shareholder. EEOC v. Carl Buddig & Co.* U.S. District Court, Northern District of Illinois 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. EEOC v. United Airlines* U.S. District Court, Northern District of Illinois Represented airline employer in Title VII sexual harassment and race discrimination case, as well as two separate ADA discrimination/failure to accommodate cases; resolved cases by negotiating favorable consent decrees. Kyles, et al. v. J.K. Guardian* U.S. District Court, Northern District of Illinois Obtained jury verdict for employer on first employment testers case to go to trial, alleging multiple claims of racially discriminatory hiring in violation of Title VII. EEOC v. Global Horizons, et. al. U.S. District Court, Eastern District of Washington 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. EEOC v. Prestige Care, Inc, et. al.
U.S. District Court, Eastern District of California Successfully negotiated comprehensive consent decree before and without need for litigation of complaint allegations. Steadman v. Urban Retail Properties Co.* U.S. District Court, Northern District of Illinois Won summary judgment for employer on Title VII religious discrimination lawsuit; decision affirmed on appeal to the Seventh Circuit. O’Connor v. Temple Inland, Inc.* U.S. District Court, District of Minnesota Won summary judgment for employer in complex Title VII sexual harassment, sex discrimination and retaliation case. EEOC v. DTD U.S. District Court, Western District of Washington Negotiated a favorable resolution after strategic litigation successes during discovery phase. Brooks v. Nordstrom, Inc.
As lead trial counsel, obtained defense verdict in claim alleging disability discrimination, failure to accommodate, and retaliation. Calence, LLC v. Dimension Data et al
U.S. District Court, Western District of Washington Represented plaintiff/employer in employee raiding, trade secret, and unfair competition claims, and obtained successful settlement during jury trial. Moliga v. Home Depot Served as lead counsel and obtained early dismissal of pay transparency class action involving RCW 49.58.100. Patch v. Seattle Seahawks Defended the Seattle Seahawks against claims by an employee that he was retaliated against, after alleging that his supervisors had used a racial epithet. Mackey v. Home Depot USA, Inc. As lead trial counsel, won summary judgment dismissing disability and retaliation wrongful discharge claim; affirmed by Washington State Supreme Court in published opinion. Wisniewska v. Microsoft King County Superior Court As lead trial counsel, successfully resolved disability discrimination and retaliation claims brought by current employee. Dawson v. Microsoft King County Superior Court As lead trial counsel, successfully resolved claims alleging gender, national origin discrimination, and retaliation. Turnquist v. Nordstrom, Inc. Defended Nordstrom against allegations levied by a former employee of nationwide class action and personal employment claims asserting that Nordstrom accounting methods violated law and employees reporting errors were discharged. City of Beaverton v. Microclimates, Inc. Represented city in condemnation of substantial utility assets. Successfully defended challenges to condemnation authority, after which the condemnation case and related contract litigation were settled. Quinn v. Washington Department of Revenue Washington Supreme Court Represented plaintiffs challenging Washington state’s capital gains tax. The Superior Court held that the tax is an income tax that violates the state Constitution’s Uniformity Clause. The Washington Supreme Court avoided the state constitutional issue by re-characterizing the tax as an excise tax on the transactions that generate capital gain, even though many of the individuals on whom the tax is imposed have no control over where, whether or when such transactions may occur. Although, as an excise tax on transactions, the tax violates the U.S. Constitution by taxing gain received by Washington residents and domiciliaries derived from transactions that occur outside the state’s boundaries, the U.S. Supreme Court declined certiorari. “Tuck-In” Acquisitions We regularly assist KinderCare Education with "Tuck-Ins" acquisitions of small child care centers located nationally. National Mortgage Servicer Litigation Defended national mortgage servicer in a Washington Consumer Protection Act Claim; case settled after plantiffs’ key witness was held in contempt. Assisted a California-based national lender in setting aside a $750,000 default judgment levied against it. Banking Litigation Representing banks in class action and single plaintiff trials in federal and state consumer law litigation concerning credit cards, deposit accounts, ACH, and/or loans. Shareholder Disputes Representing shareholders in both acquisitions and dissolution disputes in arbitrations and court and through resolution. FinTech Compliance Assisted retail installment contract creditor with consumer credit compliance issues in its Mobile Credit App. Rosenblum v. Oracle America Inc. Representing Oracle America in a series of lawsuits in Oregon state and federal courts between Oracle and the state of Oregon arising out of Oregon’s attempts to create and manage a state health insurance exchange (HIX) under the Federal Affordable Care Act. Multi-National Government Enforcement Litigation Defended multi-national pharmaceutical and health care product distributor in government-led consumer protection and public nuisance actions in Oregon, Washington, and Alaska. Pilar has defended manufacturers, servicers, and financial institutions in similar high-stakes litigation pursued by government plaintiffs. Product Liability Litigation Representing product manufacturers in single plaintiff and class actions concerning alleged false advertising, regulatory noncompliance, and/or product defect claims. Wrongful Death Civil Lawsuit / DHS Neglect / Abuse Hearing 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. Complex Involuntary Discharge — Dangerous Resident 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. Insurance Reimbursement Dispute 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. Whistleblower Retaliation Lawsuit 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. Agency Imposition of License Conditions 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. Ransomware Attack Represented skilled nursing facilities with respect to ransomware incidents, including investigation of incidents, HIPAA breach analysis and notice issues, and appropriate mitigation and response issues. Adverse Survey / Statement of Deficiencies — Alleged Neglect 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). Employee Sexual Abuse of 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. Adverse Survey / Statement of Deficiencies — Alleged Sexual Abuse 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. Disability Discrimination Lawsuit 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. Negligence / Wrongful Death Lawsuit 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. Employee Theft From Employer 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. HIPAA Issues Implicated by Witness Subpoena 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. Reporting Employee Misconduct to Regulatory Agencies 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. Social Media Policy Development and Implementation 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. HIPAA-Related Agreements 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. Investigation and Analysis of Financial Abuse Claims 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). Claim Against Co-Beneficiary 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. Claim Against Fiduciary 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. Professional Guardian — Informed Consent Services for Vulnerable Persons 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. Judgement — Unpaid Fees Represented national owner of nursing communities to obtain judgment against estate of former resident to collect unpaid fees for services provided to resident. Commercial Property Damage 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. Behavioral Health Hospital License Revocation Hearing Defended behavioral health hospital against state regulatory agency’s threat to revoke hospitals license based on alleged patient rights violations. Negotiated resolution in which client denied allegations and retained license. Lease Dispute 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. Kayshel v. Toyota of Kirkland Defending the O’Brien Auto Group, comprised of more than a dozen auto dealerships, against claims that the dealerships failed to pay their sales consultants commissions on sales made on finance department products. Miley v. AstaReal, Inc. U.S. District Court, Eastern District of Washington Defended employer in national origin discrimination lawsuit. Kayshel v. Toyota of Kirkland America Case No. 14-2-27460-2King County Superior Court Defended the O’Brien Auto Group in a class action against claims that the dealerships failed to pay their sales consultants commissions on sales made on finance department products. Maadanian v. Mercedes-Benz Case No. 2:22-CV-00665U.S. District Court, Western District of Washington Defending Mercedes-Benz in a putative class action alleging a range of claims relating to a vehicle recall. Barker v. Thrive Causemetics, Inc. et al. Case No. 2:18-CV-01470U.S. District Court, Western District of Washington Successfully defended Thrive Causemetics in a putative class action alleging Washington Consumer Protection Act claims. Samson v. UnitedHealthcare Case No. 2:19-cv-175U.S. District Court, Western District of Washington Defending UnitedHealthcare in a nationwide Telephone Consumer Protection Act class action. City of Tigard v. Bonita LLC Represented owner in condemnation of land affected by wetlands, obtaining a revised wetlands delineation and substantial increase in compensation. Altimus v. State of Oregon, 513 US 801 (1994) 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. Washington Federal v. Harvey Case No. 340 P.3d 335Washington Supreme Court 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. In re Nichols Bros. Boat Builders Case No. 07-15522U.S. Bankruptcy Court, Western District of Washington Represented purchaser of partially completed commercial vessel. In re Thow Case No. 05-30432U.S. Bankruptcy Court, Western District of Washington Represented foreign representative in one of the first Chapter 15 Bankruptcy Cases filed in the U.S. Snohomish County v. Bruner Addition at Mill Creek, LLC, et al Case No. 10-2-08535-0Snohomish County Superior CourtEverett, Washington 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. Washington Federal Savings Loan Association v. McNaughton Case No. 325 P.3d 383Washington Court of Appeals 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. In re Maksimchuk Case No. 2:23-BK-10885U.S. Bankruptcy Court, Western District of Washington Represented special servicer in connection with $18 million dollar secured real estate loan and its unsecured guaranty. In re Sean Frederick McCoshen Case No. 3:21-BK-31733U.S. Bankruptcy Court, District of Oregon Represented a Foreign Representative in Chapter 15 bankruptcy involving losses arising out of a proposed Canadian rail line. In re NB Commons, LLC Case No. 2:23-BK-01053U.S. Bankruptcy Court, Eastern District of Washington Represented construction management company involving student housing multifamily property. In re Stillwood Condominiums Case No. 3:12-BK-40219U.S. Bankruptcy Court, Western District of Washington Represented secured lender involving condominium construction project. In re 4Miles Case No. 2:10-BK-20950U.S. Bankruptcy Court, Western District of Washington Represented secured lender involving office building. In re Suncrest Condominiums LLC Case No. 3:12bk40220U.S. Bankruptcy Court, Western District of Washington Represented secured lender involving condominium construction project. In re Parkwood Associates Case No. 2:11-BK-22143U.S. Bankruptcy Court, Western District of Washington Represented secured lender involving personal guarantor of several real estate development loans. In re Windsock Lane LLC Case No. 2:12bk12593U.S. Bankruptcy Court, Western District of Washington Represented secured lender involving multifamily project. In re Hastings Estate Company Inc. Case No. 2:21-BK-10995U.S. Bankruptcy Court, Western District of Washington Represented secured lender in case involving historic property.
* Denotes experience at a previous firm |
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