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Experience
Arbitration
Underwriters for Thuraya v. Boeing Satellite Systems International Inc.
International Chamber of Commerce Arbitration
Led representation of 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 full defense costs to Boeing.
Telesat Canada v. Boeing Satellite Systems International, Inc.
Led representation of Boeing in international arbitration in Ottawa, Canada relating to satellite constructive total loss resulting in alleged damages of $400 million. After completion of full written submissions, and one month prior to witness hearing, settlement was reached under which arbitration was dismissed without any payment.
AAA Arbitration Between Manufacturer and Supplier
Served as lead counsel for an arbitration claim by a manufacturer against a supplier, culminating in a two-week witness hearing. The tribunal awarded our client $57 million and found completely in the client’s favor on contract interpretation.
ICDR Washington, D.C. Insurance Matter
Represent a third party in presenting evidence in an international arbitration relating to $80 million in insurance coverage.
Procurement Contract Dispute
Led representation of client in successfully avoiding arbitration and termination of $150 million procurement contract.
Ad Hoc International Arbitration between Satellite Owner and Satellite Insurers
Represented third party in presenting evidence related to an eight-figure insurance coverage dispute arising from the constructive total loss of a commercial communications satellite.
Product Liability
Cell Phone Radio Frequency Litigation
Represent cell phone service provider in consolidated actions alleging use of cell phones caused brain tumors.
Astrium, S.A.S. v. TRW Inc.
U.S. District Court for the Central District of California
U.S. Court of Appeals for the Ninth Circuit
Successfully represented Corning Inc. against product liability and commercial claims arising out of the alleged degraded performance of six telecommunication satellites, with $135 million in damages claimed. Judgment in Corning Inc.'s favor affirmed by the Ninth Circuit. 254 F. Supp. 2d 1129 (C.D. Cal. 2003), aff'd, 197 F. App'x. 575 (9th Cir. 2006)
In re Deep Vein Thrombosis
U.S. District Court for the Northern District of California
Lead counsel in 17 personal injury lawsuits dismissed on summary judgment in multi-district litigation alleging that deep vein thrombosis was caused by air travel. 356 F. Supp. 2d 1055 (N.D. Cal. 2005)
Shannon v. Boise Cascade Corporation
Circuit Court of Illinois, Champaign County
Appellate Court of Illinois
Supreme Court of Illinois
Led defense of statewide consumer protection class action involving wood siding products. Won summary judgment dismissing the action. After the intermediate appellate court reinstated the action, convinced the Illinois Supreme Court to take review and affirm the judgment of the trial court on grounds that the allegedly deceptive advertising did not proximately cause damages under Illinois' consumer fraud statute. 805 N.E.2d 213 (Ill. 2004), rev'd 783 N.E.2d 1105 (Ill. App. Ct. 2003)
Thornton v. Boise Cascade Corporation
U.S. District Court for the Eastern District of Texas
As lead counsel, obtained denial of class certification and summary judgment against named plaintiff in putative statewide consumer product class action.
National Transportation Safety Board Hearing
Represented Boeing in an NTSB hearing addressing lithium-ion battery for 787 Dreamliner.
Government Contracts
United States ex rel. Berglund v. Boeing
U.S. District Court for the District of Oregon
As lead counsel, obtained dismissal of False Claims Act case alleging fraud in connection with sales of aircraft to U.S. Air Force and Navy. Obtained dismissal of retaliation claim and fee award as sanction for relator's discovery violations.
United States ex rel. Smith v. Boeing
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Kansas
Acted as lead counsel in defense of $4.8 billion fraud claim relating to commercial derivative aircraft. Obtained summary judgment dismissal of all claims affirmed on appeal. 2016 WL 3244862(10th Cir. June 13, 2016)
United States ex rel. Doe v. OfficeMax, et al.
U.S. District Court for the District of Columbia
Lead counsel for OfficeMax in civil fraud case alleging failure to pay customs duties. Dismissed under public disclosure bar.
United States ex rel. Tipton v. Niles Chemical Paint Company
U.S. District Court for the Western District of Washington
As lead counsel, obtained dismissal of civil fraud action against manufacturer of tree-marking paint alleged to have defrauded U.S. Forest Service.
United States ex rel. Tides v. Boeing
U.S. District Court for the Western District of Washington
As lead counsel, obtained dismissal of case alleging violations of export control laws.
Wireless Services Qui Tam Litigation
Served as lead counsel for T-Mobile in cases alleging violations of state False Claims Acts in connection with the provision of wireless services to states and political subdivisions.
United States ex rel. Kerr v. Boeing
U.S. District Court for the Western District of Washington
Obtained summary judgment on civil fraud claims and jury verdict on retaliation claims.
United States ex rel. Aflatooni v. Kitsap Physicians Service
U.S. Court of Appeals for the Ninth Circuit
Obtained summary judgment that physician did not defraud Medicare. Affirmed on appeal. 314 F.3d 995 (9th Cir. 2002)
Counterfeit Parts Investigation
Represented Fortune 100 company in government investigations related to suspect counterfeit parts.
Senate Armed Services Committee Inquiry
Represented Boeing in connection with a Senate Armed Services Committee inquiry into suspect counterfeit parts in the Department of Defense supply chain.
Litigation
City of Livonia Employees' Retirement System v. The Boeing Company
U.S. District Court for the Northern District of Illinois
U.S. Court of Appeals for the Seventh Circuit
Led representation of Boeing and two of its senior executives in a securities fraud class action relating to the delay of first flight of the 787 Dreamliner. Plaintiffs' operative complaint relied on the alleged statements of a confidential source who purportedly possessed high-level knowledge. After plaintiffs revealed the identity of their source, defendants secured a declaration and deposition from the source, in which he refuted the allegations attributed to him. Defendants subsequently moved for and won dismissal of plaintiffs' complaint with prejudice. The court agreed with defendants that plaintiffs' counsel failed to conduct a reasonable inquiry and made material misrepresentations of fact concerning the source's position and personal knowledge. Plaintiffs appealed and defendants cross-appealed seeking sanctions under the Private Securities Litigation Reform Act. The court affirmed dismissal and remanded for consideration of sanctions. 711 F.3d 754 (7th Cir. 2013) District court awarded all of Boeing's reasonable defense fees and costs as sanction against plaintiff's counsel.
Fidelitad, Inc. v. Insitu, Inc.
U.S. District Court for the Eastern District of Washington
Lead counsel for UAV manufacturer in defense of claims of trade secret misappropriation, tortious interference, breach of contract, breach of implied duties and unjust enrichment.
National Labor Relations Board Complaint
Assisted Boeing in defense of a complaint filed by the National Labor Relations Board relating to the placement of the 787 Dreamliner second production line in Charleston, SC.
