Related Practices

Intellectual Property Litigation

Media & First Amendment

Privacy & Security

Government Litigation

E-Discovery

Litigation

Related Industries

Communications, Media & Technology

Software & Technology

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Admitted to Practice

Washington, 1981

Randy Gainer

Partner

randygainer@dwt.com
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Seattle
206.757.8047 direct
206.757.7047 fax

Randy Gainer is an accomplished litigator in the fields of privacy and security, communications and media, information technology, and intellectual property. He has successfully litigated many cases representing large corporations, hospital systems, government agencies, and software developers against claims ranging from false advertising to multimillion-dollar contract disputes. Randy also advises businesses on security-related matters regarding compliance with privacy, computer network security, data breach notification laws, and other related topics.

Randy's clients include: Providence Health & Services, Starbucks, and two large national cable communications companies.

Selected Experience

Gibson et al. v. Providence Health System

Providence Health & Services
Ongoing
Putative class action alleging that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Plaintiffs have appealed to the Oregon Court of Appeals.

Defense of cable operator in a putative class action

National provider of broadband services
2009
Defended cable operator in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals.

Isomedia v. Spectrum Direct, et al.

EducationDynamics
2009
Defended EducationDynamics in case alleging that the company violated the CAN-SPAM Act. The claims were settled.

Internet, ITFA and telecommunications taxes

National cable company
2008
Won trial court order refunding taxes paid by national cable company to the City of Seattle on cable Internet service. Won unanimous Washington Supreme Court decision affirming the judgment on appeal.

U.S. Dept. of Health & Human Services, Office for Civil Rights, In re: Providence Health & Services

Providence Health & Services
2008
Represented Providence Health & Services in federal administrative proceedings related to the theft of backup tapes. Proceedings ended in a negotiated settlement.

ACLU vs. National Security Agency

2007
Represented the ACLU in a challenge to the president's authority to engage in warrantless wiretapping of U.S. citizens, including an appeal of a summary judgment ruling, first to the 6th Circuit and then to the U.S. Supreme Court.

Bostwick Laboratories, Inc. v. Cortex Medical Management Systems, Inc.

Bostwick Laboratories, Inc
2005
Represented pathology laboratory against software vendor, prevailing on the laboratory’s claim that billing and report-generating software was defective.

Client Network Services, Inc. v. DSHS

Washington State DSHS
2005
Represented state agency in the matter of a Medicaid Management Information System contract, against a bidder who believed it was wrongly passed over. The court upheld the award to the bidder chosen by the state.

Verizon Directories Corp. v. Yellow Book USA, Inc.

Yellow Book USA, Inc.
2004
Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim.

Huntley Machine & Tool Co., Inc. v. Kirkhill Rubber Co.

Huntley Machine & Tool Co., Inc.
1994
Won a $1.4 million jury verdict for the manufacturer of radio-frequency shielding doors, used to protect computer and military facilities, in a breach of warranty claim against a component supplier.

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