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Experience
Securities & Corporate Governance Litigation
Abajian, et al. v. Kennedy, et al.
Court of Chancery of Delaware
Defense of Alaska Air Group and directors in derivative action arising from corporate transaction.
Advanced Digital Information Corporation (ADIC) Merger Litigation
King County Superior Court (Washington)
Defense of ADIC and its directors in class action challenging merger transaction.
Advanced Technology Laboratories (ATL) Inc. Securities Litigation
U.S. District Court for the Western District of Washington
Defense of ATL and its directors in a securities fraud class action.
Amazon.com Inc. Securities Litigation
U.S. District Court for the Western District of Washington
Defense of Amazon.com in securities fraud class action.
Ambielli v. Security Trust Company, et al.
King County Superior Court (Washington)
Defense of Amgen in ERISA class action arising from transaction in 401(k) plans related to buyout of Immunex by Amgen.
American Industrial Partners (AIP)
U.S. District Court for the Western District of Washington
King County Superior Court (Washington)
Defense of AIP entities in litigations in connection with the acquisition of Flow International Corporation.
Battley v. Klynveld Peat Marwick Goerdeler (KMPG) Peat Marwick, LLP
King County Superior Court (Washington)
Defense of KPMG in action brought by bankruptcy trustee of public company for failed audit.
Cocrystal Pharma, Inc. Securities and Derivative Litigation
U.S. District Court for the District of New Jersey
U.S. District Court for the Western District of Washington
Defend public company and current/former directors and officers in securities fraud class action and related shareholder derivative litigation concerning public disclosures and purported related party transaction.
Confidential Personal Counsel to Former Public Company Officer
U.S. District Court for the Western District of Washington
Serve as confidential personal counsel to former public company officer named as defendant in federal securities fraud class action litigation and related shareholder derivative litigation.
Confidential Personal Counsel to Former Public Company Director and Officers
U.S. District Court for the Northern District of Texas
Serve as confidential personal counsel to former public company director and officers named as defendants in federal securities fraud class action litigation and related shareholder derivative litigation.
Bearing Point Securities Inc. Litigation
U.S. District Court for the Eastern District of Virginia
Defense of former officer of Bearing Point in securities fraud class action.
Burrick v. Spacelabs Medical Inc.
King County Superior Court (Washington)
Defense of Spacelabs and its directors in class action challenging merger transaction.
Captaris Inc. Merger Litigation
King County Superior Court (Washington)
Defense of company and its directors in class action challenging merger transaction.
Cardiac Science Inc. Merger Litigation (I)
Court of Chancery of Delaware
Defense of company and its directors in class action challenging merger between Quinton Cardiology Systems Inc. and Cardiac Science.
Cardiac Science Inc. Merger Litigation (II)
Court of Chancery of Delaware
Snohomish County Superior Court (Washington)
Defense of company and its directors in class action challenging tender offer by Opto of Cardiac Science Inc.
Cascade Microtech Merger Litigation
Circuit Court of Oregon, Multnomah County
Defense of company and its directors in shareholder class action challenging merger transaction.
Cendant Corporation Securities Litigation
U.S. District Court for the District of New Jersey
Defense of former director in securities fraud class action.
Costco Wholesale Corporation Derivative Litigation (2017)
King County Superior Court (Washington)
Defend company, officers and directors in shareholder derivative litigation.
Outerwall Inc.
Superior Court of California, County of Los Angeles
Defense of company in connection with purchase of the securities of another company.
Donuts, Inc. Merger Litigation
U.S. District Court for the Western District of Washington
Defend company in class action challenging merger transaction.
E.C. Ventures Ltd. v. eCharge Corporation, et al.
King County Superior Court (Washington)
Defense of eCharge and its directors in securities action arising from venture investment.
Eddie Bauer Inc. Shareholders Litigation
King County Superior Court (Washington)
Defense of Eddie Bauer and its directors in class action challenging merger transaction.
Egghead.com Inc. Securities Litigation
U.S. District Court for the Western District of Washington
Defense of Egghead and its directors in securities fraud class action.
Eishen, et al. v. Avia, et al.
Circuit Court of Oregon, Multnomah County
Defense of Merrill Lynch Capital Markets, as investment banker, in class action arising from merger of Avia and Reebok.
Emeritus Corporation Merger Litigation
King County Superior Court (Washington)
Defense of company and its directors in class action challenging merger transaction.
Expedia Inc. Shareholder Litigation
King County Superior Court (Washington)
Defense of Expedia and its directors in class action arising from exchange offer transaction.
First Financial Northwest Proxy Litigation
Represent client in proxy litigation.
Getty Images Inc. Merger Litigation
King County Superior Court (Washington)
Defense of Hellman & Friedman in class action merger litigation.
HBSI v. Twiss, et al.
King County Superior Court (Washington)
Defense of HCIA subsidiary in dissenter's rights fair value litigation arising from merger transaction.
Heritage Financial Corporation
King County Superior Court (Washington)
Represent Heritage in litigation arising from merger with Washington Banking Company.
Heritage Financial Corporation Merger Litigation (2017)
King County Superior Court (Washington)
Defend company in class action challenging merger transaction with Puget Sound Bancorp, Inc.
Hipcricket Securities Litigation
King County Superior (Washington)
Defense of Hiprcricket and its directors in shareholder litigation arising from sale of company.
Immunex Corporation Securities Litigation (I)
U.S. District Court for the Western District of Washington
Defense of Immunex and its directors in securities fraud class action.
Immunex Securities Litigation (II)
U.S. District Court for the Western District of Washington
Defense of Immunex and its directors in securities fraud class action.
Integra Telecom inc.
Superior Court of Minnesota
Defense of Integra in litigation arising from its merger with Eschelon Telecom.
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.
Itron Inc. Derivative Litigation
Superior Court of Washington, Spokane County
Defense of directors in shareholder derivative action. Obtained dismissal of action.
Jammies International Inc. and C.R.A. Realty Corporation v. Nowinski and Bristol-Meyers Company
U.S. District Court for the Southern District of New York
Defense of officer against Section 16(b) insider trading claims. See 700 F. Supp. 189 (S.D.N.Y. 1988)
Knowledge Learning Corporation Securities Litigation
U.S. District Court for the Western District of Washington
Defense of Knowledge Learning subsidiary for securities violation arising from purchase of all assets of a company.
Lee Family Derivative Litigation (Washington Mutual - WaMu)
U.S. District Court for the Western District of Washington
Represent WaMu outside director in shareholder derivative litigation.
Longview Fibre Company v. Hartford Fire Insurance Company
U.S. District Court for the Western District of Washington
Represent Longview Fibre Company in insurance coverage litigation arising from underlying losses from securities transactions in company 401(k) plan.
Longview Fibre Company v. Merrill Lynch & Company Inc.
U.S. District Court for the Western District of Washington
Represent Longview Fibre in ERISA and securities litigation arising from an alleged stock manipulation scheme in 401(k) plans.
M/A-COM Technology Solutions Holdings, Inc.
Superior Court of California (Orange County)
Court of Chancery of Delaware
Represent M/A-COM Technology Solutions Holdings, Inc. (NASDAQ:MTSI) in connection with its acquisition of Mindspeed Technologies, Inc. (NASDAQ:MSPD), BinOptics and seven others.
Market Leader Merger Litigation
King County Superior Court (Washington)
Defense of company and its directors in class action merger litigation.
Martech USA Inc. Securities Litigation
U.S. District Court for the District of Alaska
Defense of KPMG in securities fraud class action.
Merix Corporation Derivative Litigation
Circuit Court of Oregon, Multnomah County
Defense of Merix directors in derivative action.
Merix Corporation Securities Litigation
U.S. District Court for the District of Oregon
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court
Defense of Merix and its directors in securities fraud class action. No. CV04-826 MO. 2005 WL 2244072 (D. Or. Sept. 15, 2005); slip op. (D. Or. Sept. 29, 2006), rev'd, 275 Fed. App'x. 599 (9th Cir. 2008), cert. denied, 129 S. Ct. 736 (2008)
Metawave Communications Corporation Securities Litigation
U.S. District Court for the Western District of Washington
Defense of CEO and CFO in securities fraud class action. 298 F.Supp. 2d 1056 (W.D. Wash. 2003); 629 F.Supp. 2d 1207 (W.D. Wash. 2009)
NetManage Inc. Merger Litigation
State Court of California
Defense of company and its directors in class action challenging merger transaction.
NeoRx Corporation Securities Litigation
U.S. District Court for the Western District of Washington
Defense of NeoRx (now Poniard Pharmaceuticals) and directors in securities fraud class action.
Omega Environmental Inc. Securities Litigation
U.S. District Court for the Western District of Washington
Defense of Omega Environmental and its directors in a securities fraud class action.
Onvia, Inc. Merger Litigation
U.S. District Court for the Western District of Washington
King County Superior Court (Washington)
Defend company and its directors in shareholder class action challenging merger transaction.
Pacific Management Resources (PACMAR) v. KPMG Inc.
King County Superior Court (Washington)
Defense of KPMG in action brought by Washington State Insurance Commissioner on behalf of failed insurance company for audit failure.
Papa Murphy’s Merger Litigation
U.S. District Court for the Western District of Washington
Defend public company and former officers and directors named as defendants in federal securities class action litigation alleging inadequate disclosures under Section 14(e) of the Securities Exchange Act of 1934.
Penford Corporation Merger Litigation
King County Superior Court (Washington)
Defense of company and its directors in class action challenging merger transaction.
Penwest Proxy Litigation
King County Superior Court (Washington)
Defense of directors and company in successful effort to defend against dissidents.
Penwest Merger Litigation
King County Superior Court (Washington)
Defense of company and directors in class action challenging merger transaction.
PIMCO Section 36(B) Litigation
U.S. District Court for the Western District of Washington
Defense of claims charging that the PIMCO Total Return Fund charged disproportionately high management and other fees in violation of Section 36(b) of the Investment Company Act of 1940.
Planar Systems, Inc. Merger Litigation
Circuit Court of Oregon, Multnomah County
Defense of company and its directors in shareholder class action challenging merger transaction.
Price Costco Shareholders' Litigation
U.S. District Court for the Western District of Washington
Defense of Price Company in class and derivative actions arising from merger transaction with Costco.
Puget Sound Energy (PSE) Inc. Merger Litigation
King County Superior Court (Washington)
Defense of PSE and its directors in class action challenging merger.
ProCyte Corporation Securities Litigation
U.S. District Court for the Western District of Washington
Defense of ProCyte and its directors in a securities fraud class action.
Rocky Mountain Chocolate Factory Shareholder Meeting Litigation
Delaware Court of Chancery
Defend public company in shareholder litigation alleging failure to hold shareholder meeting in violation of Delaware General Corporation Code Section 211(c).
Rentrak Corporation Merger Litigation
Circuit Court of Oregon, Multnomah County
Defense of company and its directors in shareholder class action challenging merger transaction.
Sagamore Hill Capital Management, L.P. v. Amazon.com Inc., et al.
U.S. District Court for the Western District of Washington
Defense of Amazon.com in bondholders' securities fraud class action.
Salomon Smith Barney Inc. v. Washington Mutual Inc.
National Association of Securities Dealers (NASD) Arbitration
Defense of Salomon Smith Barney in Washington state securities lawsuit arising from purchase of mortgage securities.
SEC v. Sandifur, et al. – Metropolitan Mortgage Litigation
U.S. District Court for the Western District of Washington
Defense of Trillium Corporation in enforcement action by SEC for aiding and abetting federal securities violations.
Shurgard Storage Centers Inc. Securities Litigation
U.S. District Court for the Western District of Washington
Defense of Shurgard and its directors in class and derivative action arising from limited partnership roll ups.
Shurgard Storage Centers Inc. Shareholders Litigation
King County Superior Court (Washington)
Defense of Shurgard and its directors in class action challenging buyout transaction.
Sound Infiniti Inc. d/b/a Infiniti of Kirkland ex rel. Pisheyar v. Snyder, et al.
King County Superior Court (Washington)
Washington State Court of Appeals
Washington State Supreme Court
Defense of company and shareholders in derivative litigation arising from reverse stock split transaction and related shareholder appraisal rights litigation. Sound Infiniti Inc. ex rel. Pisheyar v. Snyder, 169 Wn.2d 199, 237 P.3d 241 (2010)
Teekay Corporation Securities Litigation
U.S. District Court for the District of Connecticut
Defense of company and its CEO and CFO in securities fraud class action.
Triquint Merger Litigation
Circuit Court of Oregon, Mutnomah county
Court of Chancery Delaware
Represent Triquint (now Qvoro) and its directors in litigation arising from merger with RF Micro.
Upgrade International Corporation Securities Litigation
U.S. District Court for the Western District of Washington
Defense of company and chief executive officer in securities fraud class action.
Veterinary Pet Insurance Company v. General Fire & Casualty Company (GF&C), et al.
U.S. District Court for the Southern District of California
Defense of GF&C in securities litigation regarding purchase of shares.
Viner v. Infrastrux Group Inc.
Court of Chancery of Delaware
Defense of Puget Sound Energy in class action arising from merger transaction.
Washington Mutual Inc. Securities, Derivative and ERISA Litigation
U.S. District Court for the Western District of Washington
King County Superior Court (Washington)
Defense of all the outside directors of Washington Mutual Inc. in multiple class action lawsuits arising from the collapse of WaMu.
Weyerhaeuser Company Merger Litigation
King County Superior Court (Washington)
Defense of company in class action challenging merger transaction with Plum Creek Timber Company.
Zillow Class C Litigation
King County Superior Court (Washington)
Defense of Directors on Special Committee in class action challenging the issuance of Class C non-voting stock.
Zillow, Inc. Securities and Derivative Litigation
U.S. District Court for the Western District of Washington
Defense of company and its officers and directors in securities fraud class action and related derivative litigation.
Zillow Group, Inc. Securities and Derivative Litigation
U.S. District Court for the Western District of Washington
King County Superior Court (Washington)
Defend company and its officers and directors in securities fraud class action concerning co-marketing program and related shareholder derivative litigation.
Investigations & White Collar Defense
Dendreon Corporation
Independent counsel for board in connection with shareholder demand.
Micron Technology Inc.
Independent counsel for board in connection with shareholder demand.
Confidential - Public Company
Represent company in connection with shareholder demand relating to alleged backdating claims.
Confidential - Public Company
Represent company in connection with demand to inspect documents.
Confidential – Public Company Short Swing Profit Matter
Represent company investigating potential violation of Section 16(b) of Securities and Exchange Act of 1934 by insider.
Confidential Internal Investigation re Financial Claims
Represent audit committee of public company investigating financial claims of impropriety made by former accounting employee in Internet chat rooms.
Confidential Internal Investigation re Insider Trading
Represent audit committee of public company investigating insider trading by employee.
Confidential Internal Investigation re Product Returns
Represent audit committee of public company investigating discovery of improper arrangements for return of products.
Confidential Internal Investigation re Revenue Recognition
Represent audit committee of public company investigating revenue recognition issues in connection with sales in foreign countries.
SEC Enforcement Proceeding - CFO Investigation
Represent former CFO of public company in investigation arising from multiple restatements and internal control issues at former employer.
SEC Enforcement Proceeding - Employee Insider Trading Investigation
Represent company in investigation of insider trading by employee.
SEC Enforcement Proceeding - False Financial Statements Investigation
Represent company in investigation concerning allegations of aiding and abetting the issuance of false financial statements.
SEC Enforcement Proceeding - False Financial Statements Investigation
Represent former audit partner of large accounting firm in investigation of possible false financial statements of his former client.
SEC Enforcement Proceeding - Financial Restatement Investigation
Represent company in investigation concerning financial restatement arising from discovery of side letters.
SEC Enforcement Proceeding - Financial Restatements Investigation
Represent company in investigation concerning multiple financial restatements.
SEC Enforcement Proceeding - Former Employee Insider Trading Investigation
Represent company in connection with an investigation of insider trading claims against former employee.
SEC Enforcement Proceeding - Former Client Investigations
Represent money management firm in several investigations of former clients.
SEC Enforcement Proceeding - Hedge Fund Investment Investigation
Represent company in investigation arising from an investment in the company by a hedge fund.
SEC Enforcement Proceeding - Insider Trading Investigation
Represent individual in investigation of insider trading claims.
SEC Enforcement Proceeding - Product Disclosure Investigation
Represent company in investigation concerning disclosures about a product.
SEC Enforcement Proceeding - Whistleblower Matter
Represent company in investigation arising from potential violation of Dodd-Frank Act whistleblower provision.
