Omar Riojas is a member of the Seattle Litigation group. He concentrates in complex commercial litigation in state and federal court, including securities and consumer class action defense, corporate governance litigation and white collar defense. Mr. Riojas also has experience in litigation concerning labor, insurance, financial institutions and real estate. He has been named a Rising Star by Washington Law & Politics.

Mr. Riojas has been at the forefront of the nationwide issue of a state's authority to bring parental termination actions against parents detained due to immigration status. His pro bono cases involving undocumented immigrants who lost their parental rights as a result of their detention have garnered international media coverage in such outlets as the New York Times, AP, Univision, CNN and CNN en Español, as well as attention from foreign government officials and several advocacy organizations. Mr. Riojas has appeared on Univision's Sabado Gigante, Aqui y Ahora, Noticiero Nacional and Primer Impacto programs to discuss his pro bono victories before the Nebraska and Missouri Supreme Courts in cases concerning the intersection of Nebraska/Missouri parental rights law and federal immigration law.

Due to his cutting-edge work, Mr. Riojas was invited to participate in a November 2009 United States Congressional briefing on legislation to protect children and families impacted by immigration enforcement. In August 2010, Mr. Riojas was invited to address Mexico's National Human Rights Commission on the protection of indigenous parents' rights in the United States. In 2011, the Northwest Immigrants Rights Project honored Mr. Riojas and DLA Piper with its Amicus Award, in recognition of his national work on the protection of immigrants' civil rights.

Securities Litigation

• Defense of securities class actions and shareholder derivative/fiduciary breach actions
• Representation of public companies and directors/officers in SEC proceedings
• Corporate governance litigation

Complex Commerical Litigation

• Defense of consumer class actions
• Defense and prosecution of high-stakes commercial and real estate lawsuits

Representative Recent Matters

• Kim v. Coach, Inc. (W.D. Wash. 2011) Defending leading maker of handbags and other leather accessories in putative class action alleging violations of Digital Millennium Copyright Act and resulting from Coach’s trademark rights. Secured dismissal of all class claims through motion attacking class allegations
• Prium Companies v. Sterling Savings Bank (Pierce County, Washington Superior Court 2011) Defended financial institution in lender liability lawsuit, alleging claims of declaratory judgment, fraud and breach of contract claims. Defeated all of plaintiff’s claims on pre-discovery dismissal motion
• Cambria Hills Owners Ass'n v. Sterling Savings Bank (Snohomish County, Washington Superior Court 2011) Defended financial institution against construction defect claim. Defeated plaintiff's claims on pre-discovery dismissal motion
• Holden v. Farmers Insurance Company of Washington, et al. (King County, Washington Superior Court, Washington Court of Appeals, and Washington Supreme Court, 2005-11) Defending an insurance group in a putative class action alleging breach of contract
• Sterling Savings Bank v. Western Washington Growth Management Hearings Review Board, et al. (Washington Supreme Court 2011) Representing financial institution in Supreme Court’s review of Court of Appeals’ opinion concerning public issues affecting future land use and annexations in Washington
• Husky International Trucks, Inc. v. Navistar, Inc. (W.D. Wash. 2010) Defended antitrust, unfair competition, breach of contract and Consumer Protection Act claims arising from competition between a truck manufacturer and dealer. Defeated all the dealer's claims on pre-discovery dismissal motion. 2010 WL 4053082
• Network Commerce Securities Litigation (W.D. Wash., Ninth Circuit Court of Appeals, and King County, Washington Superior Court 2001-10) Defended an Internet company and its directors/officers in IPO/secondary offering and stock-drop class actions and individual shareholder lawsuits. The plaintiffs alleged insider trading, misreporting of financial results and numerous other claims under the '33 Act, the '34 Act and state law
• Kingery v. Expeditors International of Washington, Inc. (N.D. Cal. 2008-09) Defended Fortune 500 company Expeditors in employees’ putative national class action alleging misclassification and wage-and-hour violations. Plaintiffs asserted FLSA and state law claims. The plaintiffs voluntarily dismissed all class claims
• New Orleans Employees' Retirement System v. First American Corp. (W.D. Wash. 2009) Defended appraisal companies in a $33 billion putative class action alleging conspiracy with Washington Mutual to inflate appraisals. The plaintiffs alleged Consumer Protection Act violations and securities fraud. Plaintiffs voluntarily dismissed all claims against our clients
• Bellevue Square, LLC v. Cinnabon International, Inc. (King County, Washington Superior Court 2010): Defended a franchisor in claims arising from alleged responsibilities for franchisee’s contract violations
• Taylor v. Bankers Life and Casualty Co. (W.D. Wash. 2008) Successfully defended class action alleging Consumer Protection Act, breach of contract and bad faith claims arising from sales and pricing of convalescent care insurance. Secured dismissal of all claims on initial, pre-discovery motion
• Bucknuts, LLC v. Scout Media, Inc. (W.D. Wash. 2007) Defended Fox Interactive Media, Inc., Scout Media, Inc. and individual defendants in putative class action alleging securities, RICO and Consumer Protection Act claims
• Bucknuts, LLC v. Scout.com, Inc. (arbitration, 2007) Defended Fox Interactive Media, Inc., Scout.com, LLC, Scout Media, Inc., and Scout Publishing, LLC in putative class action alleging securities, Consumer Protection Act, fraud and contract claims
• Dobyns v. Trauter (W.D. Wash. 2007-08) Defended breach of fiduciary duty, conspiracy, securities fraud and shareholder oppression claims. Secured dismissal on initial motion. 2008 WL918750
• Carey v. Natus Medical, Inc. (W.D. Wash. and King County, Washington Superior Court 2007-08) Defended wage-and-hour and retaliatory discharge/whistleblower claims. Secured dismissal of a federal lawsuit
• Stout v. United Air Lines, Inc. (W.D. Wash. 2007-08) Defended sexual harassment and retaliation claims.
• Hutton v. F5 Networks, Inc. (W.D. Wash. and King County, Washington Superior Court 2006-07) Defended six derivative lawsuits alleging options backdating and SEC investigation
• Satomi Owners Association v. Satomi, LLC (King County, Washington Superior Court, Washington Court of Appeals, and Washington Supreme Court 2005-07) Defended a developer in a construction defects lawsuit, challenging precedent barring arbitration of condominium claims. Successfully established the right to arbitrate contract claims, common law claims and certain statutory claims. 159 P.3d 460
• Clise v. Xypoint Corp. (King County, Washington Superior Court and Washington Court of Appeals 2006-07) Defended corporate and individual defendants in state securities act, fiduciary breach, and Consumer Protection Act claims arising from Telecommunication Systems, Inc.'s subsidiary's acquisition of Xypoint Corporation. Secured dismissal with prejudice of all claims on behalf of all defendants on initial Rule 12(b)(6) motion
• GP Realty Finance Deutsche Bank Berkshire Mortgage, Inc. (W.D. Wash. 2006-07) Defended tortious interference and breach of contract claims
• New Cingular Wireless Services, Inc. v. Federal Insurance Co. (W.D. Wash. and King County, Washington Superior Court 2005-07) Defended insurers in a contract breach lawsuit arising from a plaintiff’s settlement of fiduciary breach claims. Successfully used the Colorado River doctrine to block a lawsuit in Seattle due to a prior action filed in Delaware
• Plaza at Yarrow Bay, LLC v. Kirlin Management Co. (King County, Washington Superior Court 2006-07) Resolved a landlord plaintiff's US$1 million claim for lease obligation by requiring the landlord to pay the tech-incubator tenant.
• Bucknuts, LLC v. Scout.com, LLC (S.D. Ohio and Montgomery County, Ohio Court of Common Pleas 2006-07) Defended and prosecuted claims over rights to domain name and prosecuted claims for violation of non-competition agreement
• Bucknuts, LLC v. Citadel Partners, LLC and Fox Interactive Media, Inc. (S.D. Ohio and Montgomery County, Ohio Court of Common Pleas 2006-07) Defended claims arising from alleged violation of state securities statutes
• Hines Corp. v. Scout Media, Inc. (M.D. Fla. and Florida State Court 2007) Defended breach of contract claims relating to an Internet sports publication
• Tollett v. Mahan (King County, Washington Superior Court and Pierce County, Washington Superior Court 2005-06) Represented surviving corporation and management in claims arising from alleged freeze-out mergers
• Revitalization Partners, L.L.C. v. Nettleship (San Juan County, Washington 2005-06) Represented surviving company and management in claims arising from an alleged freeze-out merger
• Schwartzman v. McGavick (W.D. Wash. 2006-07) Assisted in the successful defense of a shareholder derivative lawsuit alleging breach of fiduciary duties and corporate waste in connection with compensation paid to Mr. McGavick. Secured dismissal on initial motion. 2007 WL 1174697

Pro Bono Representation and Trial Experience

• In re C.M.B.R. (Missouri Court of Appeals; Missouri Supreme Court 2009-11) Lead counsel in the appeal of the termination of a Guatemalan mother's parental rights. Secured victory for client. 393 S.W.3d 793
• In re Interest of Angelica L. (Nebraska Supreme Court 2008-09) Lead counsel in the appeal of the termination of a Guatemalan mother's parental rights. Secured victory on behalf of the client and reunited the client with her two children after four years of separation. 277 Neb. 984
• Pilar Justiniani Lerin v. Osbaldo Cortes Sierra (W.D. Wash 2008-09) Pro bono representation in a petition for return of a child to Mexico under the Hague Convention and the International Child Abduction Remedies Act. Assisted in securing victory on behalf of the client and reunited the client with her son after nearly two years apart.
• Carlos Martinez Jimenez v. Maria Guadalupe Loza Lozano (W.D. Wash 2005-07) Lead counsel in petition for the return of a child to Mexico under the Hague Convention and the International Child Abduction Remedies Act. Secured trial victory on behalf of the client and reunited the client with his son after four years apart. 2007 WL 527499
• In the matter of the application of asylum: Hari Kumar Lama (2006) Lead counsel in Mr. Lama's application for political asylum. Secured trial victory for client.