Litigation Experience
Co-counsel for Providence Health & Services in litigation and administrative proceedings related to theft of backup tapes; advises Providence Health & Services on information security legal issues
Co-counsel for ACLU in litigation against the National Security Agency challenging the NSA’s domestic surveillance program
Counsel for domain name registrar, eNom, Inc., in antitrust litigation and in litigation challenging reseller’s failure to transfer names
Represented Comcast Corporation, together with other Davis Wright Tremaine attorneys, in winning a trial court order refunding $2.1 million to Comcast for taxes on cable Internet service that the company paid to the City of Seattle; defending Comcast’s judgment on appeal
Represented pathology laboratory in claim against software vendor regarding the laboratory’s claim that billing and report-generating software was defective
Represented Yellow Book USA, Inc., together with other Davis Wright Tremaine attorneys, regarding multi-million dollar false advertising claims
Represented construction company in injunction action filed by competing bidder for Washington state construction contract
Represented Washington State Department of Social and Health Services against a bidder for a Medicaid Management Information System contract
Represented State of Washington Health Care Authority in a contract dispute with a vendor regarding the vendor’s Medicaid Management Information System
Represented Tru-Circle Aerospace against a claim by a former sales representative for commissions
Represented Touch America, Inc., together with other Davis Wright Tremaine attorneys, against Qwest Communications International, regarding a multi-million dollar contract, antitrust and Communications Act dispute
Represented Navision Software against a software licensor regarding a cancelled software distribution agreement
Represented the State of California, together with other Davis Wright Tremaine attorneys, against a contractor regarding a failed multi-million dollar software development project
Represents software developers, software companies, and other high-technology companies in license, distribution, and Trade Secrets Act litigation
Defended the U.S. subsidiary of Druck, Ltd., a British manufacturer of pressure transducers, against a claim by a former sales representative for commissions; See Syputa v. Druck, 90 Wn. App 698, 954 P.2d 279 (1998)
Represented AT&T in various state utility commission proceedings related to the Telecommunications Act of 1996
With co-counsel Nick Verwolf, obtained 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
Security-related Experience
Advises businesses regarding compliance with privacy, computer network security, and data breach notification laws
Advises businesses regarding Office of Foreign Assets Control restrictions on doing business with certain foreign businesses and individuals
Advised Starbucks Coffee Company regarding contract terms to require its vendor to assure security for its wireless computer network
Assisted wireless broadband company to draft information technology security policies
Advised AT&T Wireless Services and other businesses regarding appropriate steps to take in response to attempts to penetrate their computer systems
Assisted wireless broadband company to draft information technology security policies
Advised on-line publisher regarding issues presented by reporter’s hacking into computer system to obtain information for a story
Advised computer consultant regarding appropriate terms for penetration testing contract
Advised telecommunications companies regarding effect of federal and state electronic signature laws on plans to enter into electronic contracts and to send electronic invoices
Advised PKI software development company regarding effect of federal and state electronic signature laws
Other Transaction Experience
Drafts agreements for software companies, eCommerce vendors and telecommunication providers, including software licenses, software development agreements, NDAs, trademark licenses, hardware purchase agreements, distribution agreements, joint marketing agreements, linking agreements, on-line publications agreements, translation agreements, EDI agreements, ASP agreements, and consulting agreements
Drafted EDI agreements for Starbucks Coffee Company
Prior Experience
Seattle City Attorney’s Office, Assistant City Attorney, 1987-1990
Publications and Presentations
Presenter, Merchant Risk Council 6th Annual Conference, Platinum Meeting, “What Happens If You Fail,?” March 4, 2008
Invited witness, U.K. House of Commons, Home Affairs Committee, “A Surveillance Society?,” June 7, 2007
Presenter, “Protecting PHI and Responding to Data Thefts,” Southern California Hospital Association Seminar, May 31, 2007; Oregon Association of Hospitals and Health Systems Seminar, May 10, 2007; Washington State Hospital Association Seminar, December 11, 2006
Presenter, “The NSA’s Warrantless Surveillance Program,” 17th Conference on Computers, Freedom & Privacy, May 3, 2007
Presenter, “Health Care Data Security,” Washington State Society of Healthcare Attorneys Seminar, January 30, 2007
Presenter, "Discovery Disputes About Electronically Stored Information Can Be Expensive: Who Should Pay?,” King County Bar Association and Federal Bar Association Electronic Discovery Seminar, June 1, 2006
Author, “The NSA’s Interception of Emails and Phone Calls in the US Is Unlawful,” Vol. 9, No. 8, Journal of Internet Law, February 2006
Author, “Legal Issues When U.S. Businesses Voluntarily Cooperate with the CIA,” in Dan Verton, ed., Critical Threads 2006:IT* Security, Homeland Defense Media 2006
Co-presenter, “Lessons from Choicepoint” (Stafford Publications), Teleconference, Aug. 18, 2006
Author, “Potential Business Liability for Failure to Secure Consumer Data,” 2 Mealey’s Privacy Report No. 2, August 2005
Presenter, “Managing Hospital IT Projects to Increase Success and Minimize Legal Risks,” May 18, 2004
Co-author, “Liability of Hospitals and Their Officials When Technology Projects Fail,” Vol. 12, No. 39, Health Law Reporter, 1528-1535, Oct. 2, 2003, © The Bureau of National Affairs, Inc. 2003
Co-author, “No Rest for the Wary,” Vol. 8, No. 20, Electronic Commerce & Law Report, 507-512, May 21, 2003, © The Bureau of National Affairs, Inc. 2003
Presenter, “New and developing theories of security obligations and their related liabilities,” Data Security seminar, June 30, 2003
Presenter, “Remedies and Damages Available in IT Cases,” Information Technology Litigation seminar, Dec. 13, 2001
Author, “Allocating the Risk of Loss for Bank Card Fraud on the Internet,” XV John Marshall Journal of Computer & Information Law 39, 1996
Memberships and Activities
Member, American, Washington State, King County and Federal Bar Associations
Member, Electronic Discovery Task Force (2003), Federal Bar Association
Education
J.D., with Honors, Indiana University School of Law, 1981
- Note Editor, Indiana Law Journal
B.A., with Honors, University of California, Berkeley, 1978
