Cassi Kennan’s litigation practice involves complex, multi-party cases, with a focus on consumer disputes. She has a wide range of experience in both state and federal courts nationwide on a large range of issues. Cassi represents software, telecom, financial, and technology companies, and other clients in matters ranging from breach of contract to patent infringement. Cassi manages large e-discovery teams and vendors in many of her cases, and she devotes a considerable amount of time to staying current on e-discovery standards, tools, and vendors.
Cassi's clients include: T-Mobile, Microsoft, Banner Bank, and Barnes and Noble.
Representative Experience
Class Action Defense
Banner Bank re potential class action
Representing Banner Bank regarding potential class action challenging bank’s sequencing of debits for purposes of overdraft fees. (Ongoing)
Kelley, et al. v. Microsoft Corporation
Defended Microsoft in litigation challenging the 'Windows Vista Capable' marketing program, which preceded the release of the Microsoft Windows Vista operating system in early 2007. Class initially certified, decertified after the close of discovery in February 2009, and resolved after appeal. (W.D. Wash. 2011)
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In re Jamster Marketing and numerous related state court cases
Defended a national wireless carrier in consolidated class action alleging CLRA, Consumer Protection Act (CPA), breach of contract, and other claims. (S.D. Cal. 2010)
Sypolt v. The Talon Group, LLC
Represented escrow company against putative class claims of breach of contract, breach of duties as fiduciary and agent, Consumer Protection violation, and unjust enrichment. After more than a year of litigation, the Western District of Washington granted Talon Group summary judgment on all claims. Plaintiff initially appealed to the 9th Circuit, but later voluntarily dismissed his appeal. (W.D. Wash. 2009)
Fax Recipients v. Go To Market, Inc.
Settled Telephone Consumer Protection Act (TCPA) and Consumer Protection Act (CPA) class action after obtaining appellate court review based on trial court's probable error in certifying class. (King Cnty. (Wash.) Super. Ct. 2008)
McCarthy v. Perry Videx LLC
Defended Perry Videx in TCPA and CPA class action related to unsolicited faxes. (King Cnty. (Wash.) Super. Ct. 2008)
Transportation Institute v. Seattle PC Magic
Represented Seattle PC Magic in Telephone Consumer Protection Act (TCPA) and Consumer Protection Act (CPA) class action related to faxes. (King Cnty. (Wash.) Super. Ct. 2008)
Consumer Finance Defense
Deep9 Corporation v. Barnes & Noble Inc.
Defending Barnes & Noble in patent infringement litigation. (W.D. Wash. Ongoing)
McKenna v. PNC Mortgage
Defense of national bank in action asserting claims relating to mortgage servicing practices (King Cnty. (Wash.) Super. Ct. Ongoing)
Netlogix v. National Wireless Carrier
Defending a national wireless carrier in breach of contract claim involving hundreds of projects. The parties have produced over 100 gigabytes of data, have briefed spoliation issues and have worked extensively with international computer forensics experts. (W.D. Wash. Ongoing)
Software Rights Archive, LLC v. Microsoft Corp.
Defense of Microsoft in patent infringement suit involving indexing, crawling, ranking, and service of search results and advertisements in response to end-user keyword queries. Settled case favorably shortly after service of extensive invalidity contentions (W.D. Wash. 2012)
Software Rights Associates v. Microsoft Corporation
Defending Microsoft in patent infringement litigation. (W.D. Wash. Ongoing)
French v. Banner Bank
Defended Banner Bank against Electronic Funds Transfer Act claims and obtained almost immediate dismissal. (W.D. Wash. 2011)
Puget Sound Leasing & First Sound Bank v. Banner Bank
Defended breach of contract claims relating to leasing and leasing rights after acquisition. (W.D. Wash. 2011)
Uniloc Patent Litigation v. Mackichan Software Inc.
Defended patent infringement claims. (E.D. Tex. 2011)
Washington Mutual securities litigation for former WaMu officers
Defended WaMu officers in litigation involving Securities Act claims alleging that the officers made false statements about WaMu's financial condition, inflating stock prices. The ESI in the case exceeded more than 25 million pages. (W.D. Wash. 2011)
Timeline, Inc. v. ProClarity Corp. and Microsoft Corp.
Represented Microsoft and one of its subsidiaries in patent-infringement and breach of contract litigation. Summary judgment obtained in favor of Microsoft after extensive e-discovery; patent infringement claims against subsidiary settled hours before the start of the trial. (W.D. Wash. 2007)
K2 v. Benetton/Rollerblade
Represented K2 in this patent infringement dispute regarding an in-line skate. (W.D. Wash. 2000)