Areas of Practice
Mr. Leavens handles litigation in a broad spectrum of subject matter areas, including securities fraud, commercial contracts, software development contracts, partnership dissolutions, credit recovery, shareholder disputes, secured transactions, commercial mortgage foreclosures, real estate development and land use, real estate purchase and sale agreements, boundary disputes, will contests, trust interpretation, and breach of fiduciary duty. He has tried or arbitrated many civil cases. Early in his career he served as a felony trial attorney with the District of Columbia Public Defender Service, and tried numerous criminal cases.
Representative Cases
River Park Square Bond Litigation. Leads a team of lawyers representing a retail project developer in a multi-party federal and state securities fraud action in the United States District Court for the Eastern District of Washington arising out of the financing of the expansion and renovation of a parking facility through the issuance of Rev. Rul. 63-20 municipal bonds.
Energy Project Litigation. Represents a national energy producer in commercial contract litigation in the United States District Court for the Western District of Washington arising out of the producer’s purchase of the stock of a corporation in the process of permitting and building a gas-fired electrical cogeneration plant in Goldendale, Washington. Successfully moved to dismiss the $24 million dollar complaint for failure to state a claim. Appeal pending in Ninth Circuit.
Lockheed v. State of California. Represented the State of California as co-lead counsel of a ten lawyer team in an action arising out of a failed $130 million contract to develop a child support enforcement data processing system. Seven week trial in Sacramento in late 1999.
Hanford Nuclear Reservation Litigation. Represented Westinghouse Hanford Corporation in defense of several thousand consolidated personal injury claims arising out of the operation of the Hanford Nuclear Reservation since 1943. Case involved technical issues of radiation release, exposure, and health risk. Wrote and successfully argued Westinghouse's motion for summary judgment on grounds of de minimis exposure and absence of causation.
Columbia Triangle Ventures v. City of Richland. Represents the City of Richland in a developer's $8 million action against the city for unrecovered expenses incurred in connection with a mixed use real estate development in Richland, and represented the City in its action to foreclose the lien of a $4 million LID assessment on the development's golf course. Obtained summary judgment in favor of City on developer’s claims.
US Bank v. Seafirst Bank (now Bank of America). Represented (then) Seafirst in multi million dollar dispute between banks regarding ownership of proceeds of sale of collateral mortgages following failure of Bellevue mortgage broker. Case required tracing of tens of millions of dollars of mortgage sale proceeds through multiple accounts in three banks and the application of the "lowest intermediate balance" rule. Resolved successfully in two week nonjury trial in King County Superior Court.
Personal Trust Class Actions. Represented a large west coast financial institution in two separate consumer class actions, one in federal court in the Western District of Washington and one in King County Superior Court, alleging inadequate notice of the imposition of trustee's fees and the failure to invest cash in interest bearing vehicles. Successfully opposed class certification in the state case and litigated the individual claims in a two week trial. Settled the claims in the federal actions on a claims made basis, with favorable results.
Bond Trustee Litigation. Defended a west coast financial institution bond trustee in litigation in Riverside County, California, arising out of an issuer's default on bonds supported by large commercial/residential land development. Drafted and successfully argued demurrer to majority of causes of action, then negotiated walkaway settlement of the balance of claims against client.
Publications and Presentations
Writes and speaks at Continuing Legal Education seminars and for client groups on the discovery of electronically stored evidence in litigation, on the use of technology at trial, and on tax, evidentiary, attorneys' fee and other issues arising in trust and estate litigation.
A Practical Approach to the Discovery of Electronically Stored Evidence (presented at the annual meeting of the American Association of Public Welfare Attorneys, New Orleans, December 1998)
To Whom Do You (the Fiduciary/Attorney) Owe a Duty? (The Extended Duty Doctrine – An Analysis of Recent Cases) (presented at Washington State Bar Association Continuing Legal Education Seminar, Advising Guardianship, Estate and Trust Fiduciaries and Beneficiaries, Seattle, Wa., November, 2003).
The Use of Technology at Trial (Washington Law Institute, April 2000 with Hon. Terrence Carroll and H. Ross Boundy).
The Trust and Estate Dispute Resolution Act of 1999 (Washington State Bar Association, Real Property, Trust and Probate Section Mid-Year Meeting, June 1999, and King County Bar Association, Advanced Probate Seminar, 1999, 2000)
Attorneys' Fees in Trust and Estate Litigation (King County Bar Association, 1994, 1996)
The Washington Deadman's Statute (King County Bar Association, 1994, 1996)
Trust and Estate Dispute Resolution (University of Washington, September 1998)
Memberships and Activities
Washington State Bar Association
District of Columbia Bar
Named as one of the "Best Lawyers in America" in Commercial Litigation by Woodward/White, 2008
Selected to "Super Lawyers," Washington Law & Politics, 2000-2008
Firm Administration
Mr. Leavens has twice served on the firm’s Executive Committee, most recently from 1997 to 2003, and has acted as Chair or Co-Chair of Davis Wright’s Commercial Litigation Group for the past six years.
Education
J.D., Harvard Law School, 1975
- Member, Board of Editors, Harvard Law Review
B.A., with high distinction, University of Virginia, 1970
