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Experience
False Claims Act Litigation
United States of America ex rel. Michael J. Dekort v. Integrated Coast Guard Systems (ICGS) and Northrop Grumman Shipbuilding Inc.
U.S. District Court for the Northern District of Texas
Defended Northrop Grumman Shipbuilding Inc. in qui tam lawsuit seeking more than $720 million in trebled damages under the False Claims Act. All claims against our client dismissed on summary judgment on the eve of trial.
United States ex rel. Holmes v. Huntington Ingalls Incorporated and Northrop Grumman Corporation
U.S. District Court for the Southern District of Mississippi
Defend companies in qui tam lawsuit under the False Claims Act.
United States ex rel. Confidential v. Confidential
Defend companies in qui tam lawsuit under the False Claim Act.
Investigations & White Collar Defense
Fortune Global 100 Financial Services Firm Confidential Investigation
Defended broker-dealer/investment advisor in investigations by Federal Industry Regulatory Authority (FINRA) and Washington Department of Financial Institutions.
Audit Committee Investigation re Revenue Recognition
Represent Audit Committee in investigation of revenue recognition issues.
Corruption Investigation by Foreign Country
Represented Fortune 100 company in connection with criminal investigation by foreign country into alleged corruption by country's former president.
In the Matter of Countrywide Financial Corporation
Defended officer of Countrywide Financial Corporation in SEC and Department of Justice (DOJ) investigations of country's largest mortgage lender and related litigation.
Fortune 100 Company
Represented Fortune 100 company in connection with investigation and overseas criminal prosecution of alleged accounting irregularities by subsidiary.
Grand Jury Investigation
Defended company in grand jury investigation regarding allegedly improper payments to government officials.
Securities & Corporate Governance Litigation
Argent Classic Convertible Arbitrage Fund LP v. Countrywide Financial Corporation, et al.
U.S. District Court for the Central District of California
Defended officer in securities class action litigation arising from collapse of country's largest mortgage lender.
Costco Wholesale Corporation Derivative Litigation
U.S. District Court for the Western District of Washington
Defended officers and directors in federal and state court derivative lawsuits.
Voyager Learning Company
U.S. District Court for the Eastern District of Michigan
Defended company in derivative lawsuits arising from accounting restatement.
Penwest Proxy Litigation
King County Superior Court (Washington)
Defense of directors and company in successful effort to defend against dissidents.
Itron Inc. Derivative Litigation
Superior Court of Washington, Spokane County
Defense of directors in shareholder derivative action. Obtained dismissal of action.
Itron Inc. Securities Litigation
U.S. District Court for the Eastern District of Washington
Defense of company and its directors in securities fraud class action. Prevailed on motion to dismiss.
Litigation
Kleffman v. Vonage Holdings Corporation, et al.
U.S. Court of Appeals for the Ninth Circuit
Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).
Williams v. T-Mobile USA Inc.
Circuit Court of Michigan, Wayne County
Defended T-Mobile against pretexting related claims.
North Pacific Seafoods Inc. v. National Union Fire Insurance Company, et al.
King County Superior Court (Washington)
Represented fish processor in connection with environmental insurance claims relating to facility in Togiak, AK.
American Society of Composers, Authors, and Publishers
Copyright litigation.
Cascadia Capital LLC v. Nighthawk Radiology Holdings Inc.
Represented investment bank in arbitration.
Prima Technology Inc. v. Alux Inc., et al.
Superior Court of Washington, Snohomish County
Represented company in litigation against former officers and directors for alleged breaches of fiduciary duty and diversion of assets.
