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Experience
Breach of Contract Litigation
Energy Utility Company
Represented energy utility in contract dispute over right-of-first-refusal provision. Obtained favorable decision after arbitration hearing.
Hillcrest Media, LLC v. Fisher Communications Inc., et al.
King County Superior Court (Washington); Washington Court of Appeals (Division I)
Represented Fisher Communications and Fisher Broadcasting in breach-of-contract action, obtaining dismissal of action and affirmance on appeal.
Dhillon v. BBC Holdings, et al.
U.S. District Court for the Western District of Washington
Defended breach of contract and other claims related to alleged shareholder investment, resulting in bench trial and judgment for defendants. Represented defendants on appeal to the U.S. Court of Appeals for the Ninth Circuit, which affirmed district court decision.
Satellite Procurement Contract Dispute
Represented the client in successfully avoiding termination of $150 million satellite procurement contract and renegotiation of the contract.
HTC America, Inc. and HTC Corp. v. Personal Communications Devices, LLC
Represented HTC America and HTC Corp. in arbitration asserting breach of contract and other claims.
Gesa Credit Union v. Fiserv Solutions, Inc.
U.S. District Court for the Eastern District of Washington
Represented Fiserv Solutions, Inc. in case asserting breach of contract and other claims. Case settled.
VaxGen, Inc. v. Hollister-Stier Laboratories LLC
State Superior Court of California
Represented Hollister-Stier in breach of contract dispute.
Underwriters For Thuraya v. Boeing Satellite Systems International Inc.
International Chamber of Commerce Arbitration
Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.
Merger and Acquisition (M&A) Disputes
Post-Closing M&A Dispute
Represented seller in arbitration of contract, securities fraud, employment, and other claims and counterclaims. Arbitration award represented successful outcome for the client.
Post-Closing M&A Dispute
Represented investment firm against indemnification claims arising out of sale of healthcare automation company.
Intellectual Property Litigation
Post Consumer Brands, LLC v. General Mills, Inc.
U.S. District Court for the District of Minnesota
Successfully defeated motion for preliminary injunction in design patent infringement action, as lead defense counsel on behalf of defendant General Mills. After transfer of the action from the Eastern District of Missouri to the District of Minnesota, conducted two months of expedited discovery relating to the plaintiff’s design patent infringement claim. The District of Minnesota denied the motion for preliminary injunction, holding that General Mills had raised a substantial question concerning the validity of the plaintiff’s design patent.
Big Fish Games Inc. v. Iwin Inc.
U.S. District Court for the Western District of Washington
Obtained preliminary and permanent injunctive relief for client Big Fish Games, in a case alleging violations of the Computer Fraud and Abuse Act, RICO, Uniform Trade Secrets Act, Unfair Business Practices Act, and other statutes, based upon a competitor’s unauthorized access to Big Fish Games’ proprietary and trade secret information. The case was favorably resolved, after substantial discovery, through a confidential settlement.
Bach, et al. v. Forever Living Products U.S., Inc., et al.
U.S. District Court for the Western District of Washington
Defended litigation alleging copyright and trademark infringement of rights in the novel "Jonathan Livingston Seagull."
Screenlife, LLC v. Hanson
King County Superior Court (Washington)
Represented Screenlife in action alleging trade secret misappropriation and unfair competition.
Wizards of the Coast, Inc. v. Becker / Wizards of the Coast, Inc. v. Nolan
U.S. District Court for the Western District of Washington
Represented Wizards of the Coast in litigation asserting copyright infringement.
Additional Litigation
Portland General Electric Co., et al. v. NorthWestern Corp., et al.
U.S. District Court for the District of Montana
Represented Puget Sound Energy in successful challenges to two Montana statutes. Obtained a preliminary injunction and a permanent injunction against enforcement of one of the statutes for violation of the dormant Commerce Clause and Contract Clause of the U.S. Constitution. Also succeeded on summary judgment challenge to second statute as violating the Contract Clause and Federal Arbitration Act. Portland Gen. Elec. Co. v. Nw. Corp., 567 F. Supp. 3d 1203 (D. Mont. 2021); Portland Gen. Elec. Co. v. Nw. Corp., CV-21-47-BLG-SPW-KLD, 2022 WL 4547541 (D. Mont. Sept. 28, 2022), report and recommendation adopted, 2022 WL 11213500 (D. Mont. Oct. 19, 2022).
Kathy Leodler v. Vulcan Inc., et al. / Jeff Benoit v. Vulcan Inc., et al. / Thomas Rosehaley v. Vulcan Inc., et al. / Traci Turner v. Vulcan Inc., et al. / Ramon Sandoval v. Vulcan Inc., et al.
Superior Court of Washington, King County
Represented Vulcan and principals in litigation and arbitration arising out of workplace disputes.
Eternal Charitable Foundation v. BBC Broadcasting, Inc.
U.S. District Court for the District of Nevada
Successful motion to dismiss for client BBC Broadcasting (KRPI Radio) in case asserting defamation and other claims.
In Re Google Buzz Privacy Litigation
U.S. District Court for the Northern District of California
Represented Google in defense of consolidated nationwide class actions challenging Google Buzz social networking application for alleged violations of Gmail user privacy. Settlement approved by the court.
Odom, et al. v. Microsoft Corporation, et al.
King County Superior Court (Washington)
Represented Best Buy in nationwide class action alleging Consumer Protection Act violations.
Pharmaceutical Industry Average Wholesale Price Litigation
U.S. District Court for the District of Massachusetts
State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust, and False Claims Act challenges to pharmaceutical pricing. 431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)
