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Experience
Intellectual Property Litigation, Investigations & Counseling
Inteum Company, LLC v. National University of Singapore
U.S. Court of Appeals for the Western District of Washington
Represented the defendant National University of Singapore against allegations of trade secret misappropriation and breach of a license agreement by a former software vendor. The court dismissed the plaintiff’s case in its entirety on summary judgment shortly before trial.
Move, Inc. v. Zillow, Inc.
Superior Court of Washington, King County
Represented the defendant Zillow in an employment-related unfair competition/trade secrets case against its largest competitor in which the plaintiffs sought approximately $2 billion in damages. After the court dismissed more than $1 billion of plaintiffs’ claimed damages, it found in favor of Zillow on allegations of spoliation and granted several of the client’s motions for partial summary judgment, including dismissal of most of the plaintiffs’ tort-based claims. The case settled on what was scheduled to be the first day of trial.
Departing Executive
Represented company to enforce departed CEO’s compliance with non-compete and confidentiality agreements, including protection of the company’s trade secrets.
Onboarding Executive
Represented company to onboard incoming high-level executive from a competitor to ensure compliance with applicable confidentiality agreements.
Vendor Investigation
Represented company to investigate misuse of proprietary information and intellectual property by a vendor and negotiated resolution of the company’s concerns.
Failed Joint Venture
Represented company to resolve allegations of misappropriation of proprietary information and trade secrets by a partner for a potential joint bid.
Litigation
Washington Hospitality and Lodging Association et al. v. Washington State Liquor & Cannabis Board
Court of Appeals for Washington, Division 1
Argued on behalf of the trade association for Washington’s restaurants and hotels and other grocery store retailers in challenging “fair trade rules” enacted by the Washington Liquor & Cannabis Board to regulate prices negotiated between spirits and wine suppliers and retailers. The Court of Appeals agreed with our clients’ position and invalided the three key pricing rules.
Stalwart Capital, LLC v. iCap Pacific Northwest Opportunity and Income Fund, LLC, et al.
U.S. District Court for the Western District of Washington
Represented multiple real estate investment fund LLCs in litigation over a broker-dealer agreement and on claims for breach of contract, tortious interference, successor liability and veil piercing liability issues. A jury rejected all claims against the client, and the Ninth Circuit affirmed.
Estate Litigation
King County Superior Court, King County Commissioner
Represented the personal representative of the estate in a challenge to the validity of decedent’s will and marriage. The matter was settled after the submission of the personal representative’s motion for summary judgment to the court.
Appellate
Stalwart Capital, LLC v. iCap Pacific Northwest Opportunity and Income Fund, LLC, et al.
U.S. Court of Appeals for the Ninth Circuit
Represented defendants before the Ninth Circuit for an appeal attempting to set aside the jury verdict.
Costco Wholesale Corporation et al. v. Washington State Liquor Control Board et al.
Court of Appeals for Washington, Division II
Represented multiple retailers and trade associations to challenge the lower court’s ruling on the validity of rules promulgated by the Washington Liquor and Cannabis Board. The court struck the main rule challenged and eliminated a 10% license fee imposed on various stakeholders. 200 Wn. App. 119 (2017)
Association of Washington Spirits and Wine Distributors v. Washington State Liquor Control Board et al.
Supreme Court of Washington State
Represented retailers and trade associations before the Washington State Supreme Court, which accepted direct review from the lower court, to defend the validity of the agency rule. The court upheld the rule. 182 Wn.2d 342 (2015)
Washington Association for Substance Abuse & Violence Prevention v. State
Supreme Court of Washington State
Defended (on behalf of the initiative sponsors) the constitutionality of Initiative 1183, which privatized liquor sales throughout the state. 174 Wn.2d 642 (2012)
Reveles v. United States
U.S. Court of Appeals for the Ninth Circuit
Represented individual appealing a conditional guilty plea for a felony crime on constitutional grounds.
Administrative Law Counseling and Litigation
Advocacy Before Washington Liquor and Cannabis Board
Represented various stakeholders to advocate for their interests to the Washington Liquor and Cannabis Board, ranging from negotiating alternative resolutions to license violations to advocating for modifications of existing liquor regulations.
Costco Wholesale Corporation et al. v. Washington State Liquor Control Board et al.
Superior Court of Washington, Thurston County
Court of Appeals for Washington, Division II
Represented multiple retailers and trade associations before the Liquor and Cannabis Board during the rulemaking and in the subsequent litigation to challenge the validity of numerous rules enacted by the agency to implement Initiative 1183. The Superior Court invalidated all of the rules, but allowed agency to re-promulgate some of the rules after engaging in the appropriate process. After settling a number of disputes with the agency, represented the retailers to challenge the validity of two additional rules before the Court of Appeals.
Washington Restaurant Association et al. v. Washington State Liquor Control Board
Superior Court of Washington, Thurston County
Represented multiple retailers and trade associations before the Liquor and Cannabis Board during the multi-year rulemaking and in the subsequent litigation in Thurston Superior Court to challenge the validity of rules enacted to govern pricing practices for Washington liquor sales.
Association of Washington Spirits and Wine Distributors v. Washington State Liquor Control Board et al.
Superior Court of Washington, Thurston County
Supreme Court of Washington State
Represented retailers and trade associations during the rulemaking and intervened in litigation to defend the validity of a rule governing the implementation of RCW 66.24.055(3)(c), which imposed specific fees on spirits distributors. The Superior Court and Supreme Court, accepting direct review, upheld the rule.
Washington Association for Substance Abuse & Violence Prevention v. State
Superior Court of Washington, Cowlitz County
Supreme Court of Washington State
Defended (on behalf of the initiative sponsors) the constitutionality of Initiative 1183, which privatized liquor sales throughout the state. On a motion for reconsideration, the trial court upheld the initiative, as did the Supreme Court on expedited review.
