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Stellman Keehnel  


Partner
Chair, Seattle Litigation Practice

stellman.keehnel@dlapiper.com

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701 Fifth Avenue, Suite 7000
Seattle, Washington 98104-7044
United States
T: +1 206 839 4888   F: +1 206 494 1790

Stellman Keehnel is a litigator with experience in securities litigation, intellectual property and technology litigation and complex commercial litigation.

Professional Activities and Honors

  • Highlighted by Chambers USA: America's Leading Lawyers for Business, in current and prior editions, as a "leading individual" in Washington state general commercial litigation; Chambers notes his "rare combination of practicality backed up by real intellectual firepower" and calls him "a smart and dedicated advocate"
  • Selected for current and prior editions of The Best Lawyers in America (commercial litigation, securities litigation and intellectual property litigation)
  • Named in Best Lawyers Annual Guide to Commercial Litigation 2010
  • For nine consecutive years named as "Super Lawyer" by Washington Law & Politics (votes by Washington state lawyers), including highest ranked business litigator in Washington in 2003, 2002 and 2001; and among all categories of lawyers, ranked No. 1 (2001), No. 2 (2002), No. 3 (2007), No. 4 (2000), No. 6 (2003), in "Top 10" (2006 and 2004), in "Top 100" (2010)
  • Named as one of “Best Lawyers in Seattle” as reported in Seattle Metropolitan, June 2006
  • Named one of top five business litigators in Seattle/King County in Seattle Magazine’s “Top Lawyers” 2001 (votes by Seattle/King County lawyers)

Areas of Focus

Securities Litigation

  • Defense of shareholder derivative/fiduciary breach actions and securities class actions; representation of public companies and directors/officers in SEC and SRO proceedings; corporate governance litigation

Complex Commercial Litigation

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

Intellectual Property and Technology Litigation

  • Defense and prosecution of lawsuits involving patent infringement, trademark, copyright, and trade secrets

Examples of Current and Recent Securities Class Action Defense Engagements, Shareholder Derivative/Fiduciary Breach Defense Engagements, and Corporate Governance Litigation:

  • 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
  • Linville v. Avis Rent a Car Systems, LLC (W.D. Wash. and King County, Washington Superior Court 2008-09) Defending Avis in putative class action alleging Consumer Protection Act violations in connection with long-term rental pricing
  • Vasquez v. Classmates Online, Inc. (W.D. Wash. and King County, Washington Superior Court 2008-09) Defending Classmates.com in national consumer class action alleging misrepresentations in connection with sales of memberships
  • Turner v. Dream Dinners, Inc. and Dream Dinners Capital Region LLC v. Dream Dinners, Inc. (Snohomish County, Washington Superior Court 2008-09) Defending law firm Holland & Knight in misrepresentation and Franchise Act claims brought by franchisees
  • Fouad v. Isilon Systems, Inc. (W.D. Wash. 2008-09) Successfully defended one of the Northwest's leading venture capital firms in securities class action. Claims against our client dismissed on initial, pre-discovery Rule 12(b)(6) motion
  • Hutton v. F5 Networks, Inc. (W.D. Wash. and King County, Washington Superior Court 2006-09) Defending six derivative lawsuits alleging options backdating and SEC investigation. Secured dismissal of federal cases for failure to plead adequately demand futility. Successfully applied for stay of all state court proceedings in favor of federal proceedings. 2007 U.S. Dist. LEXIS 57414
  • New Orleans Employees’ Retirement System v. First American Corp. (W.D. Wash. and King County, Washington Superior Court 2008-09) Defending securities class action arising from appraisal firm’s alleged fraudulent appraisals prepared for Washington Mutual
  • Rubin v. Lalji (King County, Washington Superior Court 2008-09) Defending Zones, Inc. in shareholder class action arising from going-private transaction. Plaintiff alleges misrepresentations in proxy and violations of fiduciary duties
  • Mofidi v. Levy (W.D. Wash. and King County, Washington Superior Court 2008-09) Defending Northstar Neuroscience, Inc. in shareholder class action alleging breach of fiduciary duty claims
  • Clise v. Xypoint Corp. (King County, Washington Superior Court, and Washington Court of Appeals 2006-08) 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 defendants on initial Rule l2(b)(6) motion
  • Network Commerce Securities Litigation (W.D. Wash., Ninth Circuit Court of Appeals, and King County, Washington Superior Court 2001-09) Defending Internet company and directors/officers in IPO/secondary offering and stock-drop class actions and individual shareholder lawsuits.  Class plaintiffs alleged insider trading, misreporting of financial results, and numerous other claims under the '33 Act and the '34 Act. Secured dismissal with prejudice of class action on Rule 12(b)(6) motion. In single-investor securities lawsuit alleging '34 Act and state securities and common law claims, defeated state securities claims on summary judgment. 2006 WL 1515591; 2006 WL 1375048; 2006 WL 681033; 2002 WL 417246
  • Bucknuts, LLC v. Scout.com, Inc. (arbitration 2007-09) Defending 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
  • Bucknuts, LLC v. Scout Media, Inc. (W.D. Wash. 2007-09) Defending Fox Interactive Media,
    Inc., Scout Media, Inc. and individual defendants in putative class action alleging securities, RICO, and Consumer Protection Act claims
  • Trooien v. Mansour (D. Minn. 2006-09) Defending claims arising from alleged violation of state securities laws. Secured dismissal on initial motion. 2007 WL 436068
  • Schwartzman v. McGavick (W.D. Wash. 2006-07) Co-counsel for Mike McGavick in successful defense of 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
  • Confidential Internal Investigation (2006) Represented audit committee in internal investigation focusing on accounting issues
  • Bucknuts, LLC v. Citadel Partners, LLC and Fox Interactive Media, Inc. (S.D. Ohio and Montgomery County, Ohio Court of Common Pleas 2006-09) Defending claims arising from alleged violation of state securities statutes
  • Zak v. Shurgard Storage Centers, Inc., (W.D. Wash. 2005) Defended ’34 Act securities class action. Plaintiffs agreed to dismiss claims — with no settlement payment
  • Rutter v. CityBank (Snohomish County, Washington Superior Court and Skagit County, Washington Superior Court 2003-04) Defended president/director in shareholder derivative action alleging sale of under-priced stock to insiders. Secured dismissal of initial complaint, including dismissal with prejudice of core claims, on initial motion.  On subsequent motion, and prior to any discovery, secured dismissal with prejudice of entire lawsuit
  • Metropolitan Mortgage Securities Litigation (E.D. Wash., D. Ore., Ore. state court, Idaho state court 2004-09) Defending directors and officers in putative class actions asserting securities fraud claims under '33 Act, '34 Act and state law
  • Alexander Hutton Capital, L.L.C. v. Richards (King County, Washington Superior Court 2004-07) Defended InfoSpace in securities/RICO lawsuit arising from pricing of acquisition
  • Freeport Partners, LLC v. Hansen (Snohomish County, Washington Superior Court and King County, Washington Superior Court 2004)  Defended KeyCorp in fiduciary breach lawsuit arising from acquisition of EverTrust Financial Group, Inc.
  • McGrew v. Northwestern Trust and Investors Advisory Co. (W.D. Wash. and King County, Washington Superior Court 2003-05) Defended Harris Bank in securities fraud class action
  • Grassmuek v. Barnett (W.D. Wash. 2003-05) Defended Eric Dickerson in fiduciary breach claims arising from alleged activities as director of Znetix
  • Revitalization Partners, L.L.C. v. Nettleship (San Juan County, Washington 2005-06) Represented surviving company and management in claims arising from alleged "freeze-out" merger
  • Western Wash. Laborers-Employers Pension Trust v. Ebbers (W.D. Wash. and King County, Washington Superior Court 2003-05) Defended 20 investment banks, including J.P. Morgan, Salomon Smith Barney, Citigroup, Bank of America, Deutsche Bank, BNP Paribas, and Tokyo-Mitsubishi International, in putative class action asserting ’33 Act claims arising from WorldCom investments
  • Tollett v. Mahan (King County, Washington Superior Court and Pierce County, Washington Superior Court 2005-06) Defended surviving corporation and management in claims arising from alleged "freeze-out" mergers
  • Arnold v. Cennapharm (King County, Washington Superior Court 2004-06 Defended issuer from alleged securities fraud claims arising from investments in biotech company
  • Inland-Joseph Fruit Co. v. Halverson Applegate, P.S. (King County, Washington Superior Court 2004-05 Defended sellers from securities fraud claims. Secured dismissal with prejudice on initial motion
  • Locals 302 and 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement Trust v. Ebbers (W.D. Wash. and King County, Washington Superior Court 2003-05) Defended financial institutions in '33 Act class action arising from WorldCom investments
  • Jain v. InfoSpace, Inc. (W.D. Wash., King County, Washington Superior Court and Washington Court of Appeals 2003-06)  Defended InfoSpace, Mellon Investor Services and former officer in indemnification action arising from $247 million judgment entered against former CEO Jain under Section 16(b) for short-swing profits
  • Klein v Lalji (King County, Washington Superior Court 2003-04)  Defended Zones, Inc. in shareholder class action asserting breach of fiduciary duties arising from board’s alleged consideration of purportedly under-priced tender offer by insiders. Case dismissed with no settlement payment
  • Enger v. Richards (King County, Washington Superior Court, Washington Court of Appeals and Washington Supreme Court 2003-07) Defended InfoSpace, Inc. in securities/RICO lawsuit arising from pricing of acquisition
  • Cutter & Buck Securities Litigation (W.D. Wash. and King County, Washington Superior Court 2002-04)  Defended former CFO in securities class actions, derivative/fiduciary breach action and SEC enforcement proceedings arising from restatement of earnings
  • In re TeleCorp PCS Shareholders Litigation (Delaware Chancery Court 2002-03) Defended former director in shareholder class action/fiduciary breach actions arising from AT&T Wireless’s acquisition of TeleCorp PCS
  • PathoGenesis Corporation Securities Litigation (W.D. Wash. and Ninth Circuit Court of Appeals 1999-2002) Defended biotechnology company and its senior officers in eight consolidated stock-drop class actions. The complaints included claims based on allegedly illegal insider trading and claims based on a restatement of the basis for prior year’s/quarter's results. I argued defendants' motion to dismiss pursuant to the Reform Act. The Court granted our initial motion and dismissed the case with prejudice. Plaintiffs appealed, and I argued against the appeal. In March 2002, the Ninth Circuit unanimously affirmed the dismissal with prejudice. 284 F.3d 1027 (9thCir. 2002)
  • "Laddering" Securities Litigation (S.D.N.Y. 2001-06) Represented certain IPO issuers and directors/officers in the "laddering" cases.
  • GST Telecommunications Securities Litigation (W.D. Wash. 2000-01) Defended former directors, CEO, and CFO in securities class action. Complaint dismissed with prejudice on initial motion
  • Chiron Corporation Tender Offer Litigation (King County, Washington Superior Court 2000) Defended offeror and directors/officers in class action attacking tender offer acquisition by biotechnology company. Plaintiffs agreed to dismissal after defendants refused to enter into settlement discussions
  • Midcom Communications Inc. Securities Litigation (W.D. Wash. 1995-2000) Represented long-distance reseller and directors/officers in the first post-Reform Act federal class action in the Northwest. I successfully argued the motion to secure dismissal without prejudice under Reform Act, and case was settled while motion was pending for dismissal of amended complaint
  • Cellular Technical Services Company Securities Litigation (W.D. Wash. 1997-99) Represented cellular telephone anti-cloning company and directors/officers in defense of federal securities class action claims
  • Costco v. Federal Insurance Company (W.D. Wash. and D. Haw. 1998-99) Successfully prosecuted Costco’s claim to require insurer to fund entire $15 million settlement of Fecht v. Price Co. federal class action securities litigation. I was the trial attorney for Costco in the successful trial
  • Seattle Chocolate Company Securities Litigation (King County, Washington Superior Court 1997-98) Represented company and directors/officers in defense of putative class action asserting fraud and state securities claims
  • Pyramid Breweries Inc. (Hart Brewing) Securities Litigation (W.D. Wash., S.D. Cal., Ninth Circuit Court of Appeals and Cal. state court 1995-98) Defended four separate class actions arising out of an initial public offering.  All cases were dismissed on the initial motion. 1996 WL 881659; 1996 US Dist. LEXIS 22424; Fed. Sec. L. Rptr. (CCH) ¶ 99,420 (S.D. Cal. 1996). Plaintiffs appealed. I argued against the appeal. Dismissal with prejudice affirmed by Ninth Circuit Court of Appeals. 143 F.3d 1293 (1998)
  • Geographics Inc. Securities Litigation (W.D. Wash. 1997-98) Represented president/CEO in defense of federal securities class action claims
  • In re Price/Costco Shareholder Litigation (W.D. Wash. 1994-97)  Represented Costco in defense of derivative/fiduciary breach action and securities class action arising from spin-off of assets
  • Conversion Industries Inc. Securities Litigation (C.D. Cal. 1995-96) Defended publicly traded asset-based lender in class action stock-drop case.  Dismissal of litigation against client without payment of any settlement
  • Herzog v. Foster & Marshall, Inc. (King County, Washington Superior Court and Washington Court of Appeals) Established right to immediate appeal of arbitration decision. 56 Wash. App. 437, 783 P.2d 1124 (1989)
  • Defended many other issuers and/or directors and officers in securities actions and/or SEC and SRO proceedings involving companies/issuers such as Aldus, MidiSoft, Egghead Software, Piper Jaffray, Shearson, the City of Seattle, Mercer International, Boardroom Business Products, Zama, Sage Electronics, etc.

Examples of General Commercial Litigation:

  • Michaels v. Classmates Online, Inc. (W.D. Wash. and, C.D. Cal. and California state court 2008-09) Defending United Online, Inc. (owner of FTD Florists) and Classmates.com in national consumer class action alleging misrepresentations in connection with sales of memberships
  • O’Dell v. Conseco Senior Health Insurance Co. (W.D. Wash. 2008-09) Defending national consumer class action alleging Consumer Protection Act claims in connection with charges for convalescent care
  • Shin v. Esurance Inc. (W.D. Wash. 2008-09) Defending consumer class action alleging Consumer Protection Act claims and other claims based on insurer’s alleged failure to pay diminished value
  • Fantastic Sams Franchise Corp. v. Regis Corp. (W.D. Wash. 2008) Defending franchisor in breach and tortious interference claims arising from acquisition of rival’s operations
  • Kingery v. Expeditors International of Washington, Inc. (N.D. Cal. 2008-09) Defending Fortune 500 company Expeditors in FLSA and California state law wage-and-hour class action
  • Pirelli v. Costco Wholesale Corporation and Donnelly v. Costco Wholesale Corporation (W.D. Wash. and King County, Washington Superior Court 2008-09) Defending shareholder derivative lawsuits alleging options backdating claims
  • Stone v. Expeditors International of Washington, Inc. (Los Angeles County, California Superior Court 2008) Defending sexual harassment claim
  • Cell Therapeutics, Inc. v. CRT Capital Group LLC (W.D. Wash. 2008-09) On behalf of financial institution, pursuing contract claim for payment of fees
  • Carey v. Natus Medical, Inc. (W.D. Wash. and King County, Washington Superior Court 2007-09) Defending wage-and-hour and retaliatory discharge/whistle-blower claims. Secured dismissal of federal lawsuit
  • Associated Grocers, Inc. v. A.I. Longview, LLC (Cowlitz County, Washington Superior Court, 2006-08) On behalf of grocery wholesaler in tenant’s position, won on summary judgment right to terminate lease, due to owner/landlord permitting another shopping center tenant to exceed use restriction in lease
  • Stout v. United Air Lines, Inc. (W.D. Wash. 2007-09) Defending sexual harassment and retaliation claims
  • Hines Corp.v. Scout Media, Inc. (M.D. Fla. and Florida state court 2007-09) Defending breach of contract claims relating to Internet sports publication
  • Sanchez v. ABN AMRO Mortgage Group, Inc. (W.D. Wash. and King County, Washington Superior Court 2006-07) Defended consumer class action asserting contract breach and Consumer Protection Act claims
  • GP Realty Finance v. Deutsche Bank Berkshire Mortgage, Inc. (W.D. Wash. 2006-07) Defended tortious interference and breach of contract claims
  • Sapp v. K-1 Corp. (W.D. Wash 2006-07) Defended preliminary injunction motion brought by professional kickboxer/wrestler against promoter regarding enforceability of exclusive contract. 2007 WL 101167
  • AsiaInfo v. Lenovo (arbitration 2006)  On behalf of China-based NASDAQ company, asserted claims against seller of computer security business
  • New Cingular Wireless Services, Inc. v. Federal Insurance Co.(W.D. Wash. and King County, Washington Superior Court 2005-07) Defending insurers in contract breach lawsuit arising from plaintiff’s settlement of fiduciary breach claims.  Successfully used Colorado River doctrine to block lawsuit in Seattle due to prior action filed in Delaware
  • SuperValu, Inc. v. Associated Grocers, Inc. (D. Minn. 2005-07) Defended Associated Grocers in claims arising from termination of joint venture negotiations. Succeeded in dismissing principal claims on summary judgment. 428 F. Supp. 2d (D.Minn. 2006)
  • Perkins Coie LLP v. American Capital Development, Inc. (King County, Washington Superior Court 2004-06)  Won summary judgment dismissal of Perkins’s $900,000 claim for fees
  • Plaza at Yarrow Bay, LLC v. Kirlin Management Co. (King County, Washington Superior Court 2006-07) Defended tech-incubator tenant in landlord plaintiff's $1 million claim for lease obligation. Resolved by requiring landlord to pay defendant/tenant client
  • Satomi Owners Association v. Satomi, LLC King County, Washington Superior Court, Washington Court of Appeals, and Washington Supreme Court 2005-09) Defending developer in construction defects lawsuit; challenging precedent barring arbitration of condominium claims. Successfully established right to arbitrate contract claims, common law claims, and certain statutory claims. 159 P.3d 460
  • Haggen, Inc. v. Associated Grocers, Inc. (King County, Washington Superior Court 2005-06) Defended grocery wholesaler in breach of contract and fraud claims
  • Fonio v. Juma (Snohomish County, Washington Superior Court 2003-06 Defended Temecula Valley BankCorp from alleged fraud claims arising from investment in hotel property
  • Botanical Laboratories Product Liability Litigation (Alabama, Arizona, California, Florida, New Jersey, Texas 2005-06)  National coordinating counsel for defense of Zicam product liability lawsuits
  • NetMotion Wireless, Inc. v. Padcom, Inc. (W.D. Wash. and King County, Washington Superior Court 2004-05)  Represented NetMotion Wireless, Inc. in tortious interference damages lawsuit
  • Ambielli v. Security Trust Co. (W.D. Wash. 2002-04)  Defended trust company in putative class action arising from treatment of pension plan funds during Immunex/Amgen merger
  • Heinrich v. Frank and Heinrich v. Tran (King County, Washington Superior Court 2004-05) Defended tortious interference and Consumer Protection Act claims
  • InfoSpace, Inc. v. Jain (King County, Washington Superior Court and Washington Court of Appeals 2003-05)  Prosecuted claims arising from former CEO’s competition with InfoSpace
  • A&W Bottling v. Jolt Cola (W.D. Wash. 2000-02)  Defended Jolt Cola in franchise claims arising from termination of Northwest distributor.
  • Marshall v. Recreational Equipment, Inc. (W.D. Wash. 2002-03)  Defended REI in Americans With Disabilities Act lawsuit
  • Wright v. Fred Hutchinson Cancer Research Center (King County, Washington Superior Court 2002) Secured early dismissal of Seattle Genetics, Inc. from the Protocol 126 litigation
  • McDonald’s Game Fraud Litigation Part of defense team that represented McDonald’s in national class actions arising from contest fraud by independent contractor
  • Kaiser Aluminum Chemical Corp. v. SSA (W.D. Wash. 2000-02) Represented Kaiser Aluminum in defending claims arising from steelworkers’ strike and associated longshoremen’s sympathetic slowdown
  • Lumbermens Insurance Co. v. Milliman USA (W.D. Wash. 2001) Successfully defended national actuarial firm in $50 million malpractice claim. I represented Milliman in the customized trial
  • Costco Wholesale Corporation Rebate Litigation(King County, Washington Superior Court 2000‑01) Defended Costco in putative class action arising from alleged sales of products with expired mail-in rebates
  • Jerseys v. Pyramid Brewing (King County, Washington Superior Court 2000-01) Defended Pyramid in antitrust claims. Plaintiffs ultimately dismissed their claims without receiving any payment
  • In re Petition of AirTouch Paging for Arbitration of an Interconnection Agreement with U S WEST Communications, Inc. pursuant to 47 U.S.C. § 252 (Washington Utilities and Transportation Commission, W.D. Wash. and Colorado Public Utilities Commission 1998-2000) Represented AirTouch Paging in interconnection negotiations, arbitration, and appeal
  • McCulloch v. Great Western Bank (W.D.Wash. 1997-98) Defense of RESPA class action. Secured dismissal of §§5(1) and 8(4) claims on Rule 12(b)(6) motion, 1998 U.S. Dist. LEXIS 8226
  • United States Cellular Investment Co. of Seattle, Inc. v. U S WEST NewVector Group, Inc. (King County, Washington Superior Court 1996-97) Represented certain of AirTouch’s entities in litigation spawned by U S WEST’s sale of its cellular operations to AirTouch in which local market partners of U S WEST claimed rights of first refusal and alleged breaches of fiduciary duties
  • Beneficial National Bank v. The Price Co. (W.D. Wash. and King County, Washington Superior Court 1996-97) Represented Costco and The Price Company in claims arising from threatened termination of credit card program
  • Bilberry, Inc. v. Fairways Northwest II, Inc. (King County, Washington Superior Court 1995-96) Defended contractor's +$1 million claim for extras on Willows Run golf course construction contract.  Claims were dismissed with no payment for alleged extras
  • Seattle SMSA Limited Partnership and U S WEST NewVector Group, Inc. v. Telephone and Data Systems, Inc. (King County, Washington Superior Court and Washington Court of Appeals Secured summary judgments establishing client’s claims on rights of first refusal
  • Northern Commercial Co. v. Washington State Ferries (Thurston County, Washington Superior Court 1994)  Preserved Siemens' $40 million contract in bid challenge on jumbo ferries.  I was the lead attorney for Siemens at the trial
  • In re New England Mutual Life Ins. Co. Litig. (W.D. Wash. 1994) Dismissal with prejudice of class action against real estate investment advisor, permitting trustee Washington State Investment Board’s parallel lawsuit to take priority. 841 F.Supp. 345

Examples of Intellectual Property and Technology Litigation:

  • JoeScan, Inc. v. LMI Technologies, Inc. (W.D. Wash. 2007-08) Defended patent non-infringement and invalidity declaratory judgment claims
  • Baden Sports, Inc. v. Kabushiki Kaisha Molten (W.D. Wash. 2007-08) As post-trial counsel, defended patent and false advertising claims
  • Northstar Neuroscience, Inc. v. Neuronetics, Inc. (W.D. Wash. 2007) Prosecuted trademark and trade name infringement claims
  • Washington Research Foundation v. Matsushita Electric Industrial Co. (W.D. Wash. 2007) Defended Samsung in patent infringement lawsuit
  • Bucknuts, LLC v. Scout.com, LLC (S.D. Ohio and Montgomery County, Ohio Court of Common Pleas 2006-09) Defending and prosecuting claims over rights to domain name and prosecuting claims for violation of non-competition agreement
  • Marchex, Inc. v. Name Development Ltd. (AAA arbitrations 2005-07)  Prosecuted claims for breaches of warranties arising from sale of domain names
  • Digeo, Inc. v. Audible, Inc. (W.D. Wash. and Federal Circuit Court of Appeals 2006-07) Defeated patent infringement claims on summary judgment. 2006 WL 2473461, 80 USPQ 2d 1356
  • Intelius, Inc. v. Confi-Chek, Inc. (W.D. Wash. and King County, Washington Superior Court 2005) Defended Internet-based personal data search firms in unfair competition and trademark infringement lawsuit
  • InfoSpace, Inc. v. Focus Interactive, Inc. (King County, Washington Superior Court and Washington Court of Appeals 2003-05) Prosecuted claims arising from breaches of web portal agreement
  • Bell Helicopter Textron, Inc. v. H-S Tool and Parts, Inc. (W.D. Wash. and Ninth Circuit Court of Appeals 2002-05)  Defended helicopter repair facilities in trademark infringement and unfair competition lawsuit. Secured dismissal of all claims on summary judgment
  • Chiron Corp v. Corus Pharma, Inc. (King County, Washington Superior Court 2004-06) Defended Corus Pharma and Dr. Bruce Montgomery in patent-based theft of trade secrets lawsuit
  • Nutrilawn U.S., Inc. v. Scotts Co. (W.D. Wash. 2004-05) Defended Scotts in trademark infringement and unfair competition lawsuit
  • Bell Helicopter Textron, Inc. v. Red Barn Machine, Inc. (W.D. Wash. and King County, Washington Superior Court 2004-05) Defended trade secrets, trademark infringement and unfair competition lawsuit
  • LizardTech, Inc. v. Earth Resource Mapping, Inc. (W.D. Wash. and Federal Circuit Court of Appeals 2000-05) Defended geospatial imaging software developer in three patent infringement lawsuits. Secured dismissal of all patent claims on summary judgment. Affirmed by Federal Circuit. 2000 WL 35453681; 2004 U.S. Dist. LEXIS 28735; 424 F.3d 1336 (Fed. Cir. 2005)
  • n-Link Corporation v. xFactor Technologies, Inc. (King County, Washington Superior Court 2004) Defended xFactor Technologies, Inc. and its principals from claims arising from alleged misappropriation of software. Settled without any payment
  • Pacific Market, Inc. v. Sweda Company, LLC (W.D. Wash. 2002-03) Defended design patent infringement and trademark lawsuit.
  • Philips Electronics v. Defibtech, LLC (W.D. Wash. 2003) Defended product re-seller in patent infringement case. Secured dismissal with no settlement payment
  • Micronics, Inc. v. Greenlee, Winner & Sullivan P.S. and University of Washington(King County, Washington Superior Court 2002-03) Successfully represented microfluidics technology license holder in claims arising from licensor’s failure to prosecute patents
  • Philips Electronics v. Cardiac Science, Inc.(W.D. Wash. 2003) Defended defibrillator manufacturer in patent infringement case. Secured dismissal without prejudice in preference for Minnesota action under first-filed doctrine. 2003 U.S. Dist. LEXIS 17153
  • SqueezNot v. Kencraft, Inc. (W.D. Wash. 2003) Secured dismissal of misappropriation/trade secrets claims related to food processing technology
  • Digital Interactive Streams, Inc. v. Stellar One Corp. (King County, Washington Superior Court 2002-03) Defended claims of trade secret theft
  • ImageX, Inc. v. iPrint Technologies, Inc. (W.D. Wash. 2002) Defended patent infringement claims related to printing software. I successfully argued against plaintiff’s preliminary injunction motion
  • Aegis Software Development v. NextRx Corporation (private arbitration 2001-02) Represented medical technology developer in asserting multimillion dollar claims against software developer for failing to achieve functionality
  • Hodgell v. Network Commerce Inc. (King County, Washington Superior Court 2002) Defended Internet company in spam lawsuit. Secured dismissal with no settlement payment
  • Supreme Corq Technology Litigation (W.D. Wash. 1999-2000) Defended manufacturer in trade secrets/patent litigation relating to plastic wine corks technology
  • In re SkyPix (W.D. Wash. 1993-94) Represented Paul Allen in intellectual property and patent litigation arising out of SkyPix satellite venture bankruptcy. Technology involved data compression patent claims

Admissions

  • Oregon
  • Washington
  • United States District Court for the Western District of Washington
  • United States District Court for the Eastern District of Washington
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Federal Circuit
  • Supreme Court of the United States

Publications

  • “Removal,” Washington Civil Procedure Deskbook (2007)
  • “The Maxim Backdating Decision: Up Against the Ropes or Down for the Count?,” Securities Litigation & Regulation (June 2007)

Seminars

  • Speaker, "Advising the Board: Your Responsibilities as In-House Counsel - Common Issues that Arise in Public and Private Companies," Association of Corporate Counsel Washington State chapter seminar, Seattle, November 5, 2009
  • "Jurisprudential Juggling: Strategies for Managing Simultaneous Class, Civil Enforcement and Criminal Proceedings," Law Seminars International, May 2008
  • "Class Actions in the Gaming World: The Intersection of an Old Rule and a New Industry," Law Seminars International Gamer Technology Law Conference, October 2007
  • "Litigation Fire Juggling: Strategies for Managing Simultaneous Class, Regulatory, and Enforcement Actions," Law Seminars International, May 2007 and May 2006
  • "Cutter & Buck: The Reality of Rescission," Willis Executive Risks –– Directors & Officers Liability, Fiduciary Liability and Indemnification, June 2004
  • "Why Are You Still in Court?" PricewaterhouseCoopers General Counsel Forum, April 2003
  • "How to Come Through an SEC Review With Flying Colors," CFO Roundtable, March 2003
  • "Motions to Dismiss: Making Rule 12(b)(6) Work for You," Washington State Bar Association, June 2002
  • "Directors' and Officers' Liability in the Zone of Insolvency," PricewaterhouseCoopers General Counsel Forum, April 2001
  • "The Private Securities Litigation Reform Act: Five Years Later," Northwest Securities Seminar, Portland, Oregon, February 2000
  • "Subrogation and Loss Recovery," National Business Institute, February 2000
  • "Litigating the Class Action Lawsuit—Defense Tools to Block Class Actions," National Business Institute, July 1998

Prior Experience

  • Partner, Foster Pepper & Shefelman P.L.L.C., 1986-2001 (Chair of Securities and Complex Litigation Group), and associate 1979-85

Civic and Charitable

  • Currently serves on Board of Trustees of the ArtsFund
  • Currently serves on Seattle Repertory Theatre Board of Trustees, its Executive Committee and its Business Council
  • Formerly served on Seattle Shakespeare Company Board of Directors
  • Selected for Stanford Associates membership in recognition of service to Stanford University


EDUCATION

  • A.B., Stanford University 1976
    Phi Beta Kappa, with distinction, Honors in Economics
  • J.D., Yale Law School 1979

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