Areas of Practice
Litigation, emphasizing complex litigation and appellate practice
Representative Experience
Complex Litigation
Dave has represented plaintiffs and defendants in a number of major lawsuits, including:
In re the Exxon Valdez. Chair of Law Team, in charge of briefing motions before and during trial, jury instructions, post-trial briefing and appeals, on behalf of consortium of firms representing nearly all private parties injured by the grounding of the Exxon Valdez.
Seattle Times. Part of a team representing the Seattle Times in an investigation by the Department of Justice regarding compliance with the federal antitrust laws and in an arbitration dispute between the Times and Hearst Corporation. Ultimately, the Department closed its investigation, concluding that it did not have a basis to pursue a claim against the client. The arbitration settled on the eve of the hearing.
Lockheed Martin IMS v. California. Part of a team representing the State of California in litigation against Lockheed Martin IMS, arising out of a failed $130 million contract to develop a child support enforcement computer system.
In re Washington Public Power Supply System. Assisted with defense of public accounting firm in connection with $2.25 billion securities litigation arising out of the termination of several nuclear power plant projects. Matter settled before trial.
Appellate Practice
Dave has participated in briefing, oral argument preparation and oral argument in numerous appellate matters. Opinions relating to these appeals include the following:
Williams v. Boeing Co. , ___ F.3d ___, 2008 WL 509299 (9th Cir. 2008)
In re the Exxon Valdez, 490 F.3d 1066, (9th Cir. 2007)
Bishop of Victoria Corporation Sole v. Corporate Business Park, LLC, 138 Wash. App. 443, 158 P.3d 1183 (2007)
Kalubi v. Ashcroft, 364 F.3d 1134 (9th Cir. 2004)
In re the Exxon Valdez, 270 F.3d 1215 (9th Cir. 2001)
In re the Exxon Valdez, 229 F.3d 790 (9th Cir. 2000)
In re the Exxon Valdez, 206 F.3d 900 (9th Cir. 2000)
United States ex rel. Aflatooni v. Kitsap Physicians Services, 163 F.3d 526 (9th Cir. 1998)
Eitel ex rel. United States v. Port of Bremerton, 133 F.3d 926 1997 WL 812246 (9th Cir. 1997) (unpublished)
Exxon Shipping Co. v. Airport Depot Diner, Inc. , 120 F.3d 166 (9th Cir. 1997)
O’Halloran v. University of Washington, 856 F.2d 1375 (9th Cir. 1988)
Haberman v. Washington Public Power Supply System, 109 Wash.2d 107, 744 P.2d 1032 (1987)
Munden v. Hazelrigg, 105 Wash.2d 39, 711 P.2d 295 (1985)
Prior Experience
Law Clerk to the Hon. Howard F. Sachs, U.S. District Judge, W.D. Mo., 1981-1983
Publications and Presentations
Speaker, In re the Exxon Valdez, Stanford Law School, 2008
Speaker, Punitive Damages and Maritime Law, Fifth Annual Alvin B. Rubin Maritime Law Conference, 2007
Speaker, Drafting ADR Provisions, Northwest Dispute Resolution Conference, 2005
Speaker, Drafting ADR Provisions, Snohomish County Bar Association, 2000
Co-Chair, Northwest Dispute Resolution Conference, 1993-1997
Speaker, Drafting ADR Provisions, Washington State Bar Business Law Section Mid-Year Meeting, 1995
Speaker, Practical Strategies for Resolving Workplace Disputes, Davis Wright Employment Law Seminar Series, 1995
Editor, May God Comfort You: A Guide for Mourners, 1995
Speaker, University of Washington Basic Mediation Skills Training Program, 1991, 1993
Speaker, Mediation Training, Washington Superior Court Judges’ Conference, 1993
Author, The Butch Reynolds Dispute: An ADR Perspective, For the Record, National Sports Law Institute, 1992
Speaker, Mediation Training, Dispute Resolution Center of Snohomish County, 1991
Co-Chair and Speaker, Amateur Sports Law CLE, 1992
Chair, Sports Law CLE, 1991
Speaker, Drug Testing of College Athletes, University Student Legal Services, Conference, 1991
Co-Author, Washington Civil Procedure Before Trial Deskbook, 1986 Supplement
Instructor, Civil Procedure, Legal Education Seminars, 1984-1985
Editor, “12th Annual Administrative Law Issue,” 1981 Duke L. J.
Author, Note: “The Cost of Education as a Deductible Business Expense: A Reassessment,” 1980 Duke L.J. 997
Memberships and Activities
Trial Lawyers for Public Justice: Co-Recipient, Trial Lawyer of the Year Award (awarded to Exxon Valdez team), 1995
Duke University School of Law: President, Law Alumni Association Board, current; Board Member, 2003-current
Leadership Tomorrow: Participant, 2001-2002; Team Coach, 2002-2003; Board Member, 2004-current
Washington Appleseed: Board Member, 2005-current
King County Sexual Assault Resource Center: Member, Major Donor Committee, 2004-current; Board Member, 1996-1999; Treasurer, 1997-1998
Washington State Bar Association Alternative Dispute Resolution Section: Chair, 1999-2000; Chair-Elect, 1998-1999; Award of Merit, 1994, 1995, 1997
Dispute Resolution Center of King County: Advisory Committee, 2002-2004
U.S. District Court Rule 39.1 Program; Dispute Resolution Center of King County; Dispute Resolution Center of Snohomish County: Mediator
King County Superior Court Arbitration Program: Arbitrator
Municipal League of King County: Board Member, 2003-2005; Co-Chair, Future of King County Task Force, 2002-2003
Congregation Beth Shalom: Member, Rabbi Search Committee, 2005; Board Member, 1997-1999; Chair, Year of Torah, 1998-1999; Member, Religious Practices Committee, 1993-1997
Seattle Association for the Jewish Disabled: Long Range Planning Committee, 2002-2003
Washington Women’s Employment & Education: Advisory Board Member, Seattle Branch, 1986-1988
Education
J.D., with distinction, Duke University School of Law, 1981
- Administrative Law Editor, Duke Law Journal
B.S., with highest distinction, Indiana University School of Business, 1978
Passed Uniform CPA Examination, 1978
