Admitted to Practice | Washington, 1983 | | U.S. District Court Western District of Washington, 1983 | | U.S. Court of Appeals 9th Circuit, 1983 | | U.S. Tax Court, 1985 | | U.S. District Court Northern District of California, 1992 | | U.S. District Court Eastern District of Washington, 2002 | | U.S. Supreme Court, 2008 |
| Dave Tarshes focuses on litigation, with an emphasis on complex litigation, appellate practice and alternative dispute resolution. He has extensive experience in cases that involve accounting issues and punitive damages. Dave has represented plaintiffs and defendants in several major lawsuits. He led the multi-firm team that handled briefing and legal research in the representation of the private parties injured by the grounding of the Exxon Valdez. Selected Experience Representing regional bank in suit by investment banking firm related to acquisition of bank from bank holding company in Chapter 11 proceedings. (E. D. Wash. Ongoing) Representing the BMC 401(k) and Savings Plan (the Plan), the Plan's trustees, and BMC, who are plaintiffs in a pending action against ING Life Insurance & Annuity Co. (ILIAC). The action arises from ILIAC's May 2008 transfer of the Plan's assets from ILIAC to Prudential Retirement. ILIAC made the transfer late, resulting in a loss to the Plan and Plan participants. (D. Idaho Ongoing) Successfully defended a trade association against claims in excess of $40 million for alleged breaches of fiduciary duty associated with the administration of a workers' compensation return on industrial insurance program and associated trust. Culminating in a trial after more than three years of litigation in multiple forums, all of petitioners' claims for monetary relief were rejected. No. C07-1519RSM (Thurston Cnty. (Wash.) Super. Ct, W.D. Wash. 2010) Represented applicant for political asylum from the Democratic Republic of Congo. Succeeded, after 10 years of government resistance, in obtaining asylum and reuniting client with his family. (Immigration Court, 9th Cir. 2009) Head of law team, responsible for briefing and legal research for 30,000 plaintiffs represented by 60 law firms in the consolidated proceedings of more than 250 lawsuits, both class actions and direct actions, filed on behalf of fishermen, processors, Alaska natives, landowners, businesses, and others injured as a result of the spill of 11.8 million gallons of North Slope crude oil into the coastal waters of Alaska by the Exxon Valdez. (D. Alaska 2008) Defended the Seattle Times Company in litigation filed by the Hearst Corporation regarding the Joint Operating Agreement under which the Seattle Times Company published both the Seattle Times and the Seattle Post-Intelligencer. The firm argued and won a unanimous Washington Supreme Court decision on the threshold issue of contract interpretation. 154 Wn.2d 493, 115 P.3d 262 (Wash. 2005-2007) Represented the Seattle Times Co. in a two-year investigation conducted by the Antitrust Division of the Department of Justice into allegations that the Times had attempted to monopolize the newspaper market in Seattle. The Division ultimately determined to close the investigation without filing an action. (2003-2005) Represented class of residents in forensic unit of state psychiatric hospital challenging lack of treatment and conditions of confinement, largely because of overcrowding and understaffing. Court issued a preliminary injunction, and case settled thereafter with a consent decree requiring improved treatment and funding, and establishing a monitoring committee. (W.D. Wash. 2003) Represented the State of California 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 held in late 1999. (Cal. 1999) Represented auditor for Washington Public Power Supply System in state and federal litigation concerning alleged securities fraud in connection with $2.25 billion in bonds issued by that entity to fund two terminated nuclear projects. Successfully obtained dismissal of all claims in state trial court. Dismissal partially affirmed by Washington Supreme Court in leading case concerning Washington State Securities Act. 109 Wn.2d 107 (Wash. 1987) Additional Qualifications Professional and Community Activities
- President, 2010-2012; Board, 2005-2012 – Washington Appleseed
- President, 2008; Board, 2003-2009 – Law Alumni Association Board, Duke University School of Law
- Board, 2004-2010; Team Coach, 2002-2003; Participant, 2001-2002 – Leadership Tomorrow
- Board, 2003-2005; Co-chair, Future of King County Task Force, 2002-2003 – Municipal League of King County
- Mediator – U.S. District Court Rule 39.1 Program; Dispute Resolution Center of King County; Dispute Resolution Center of Snohomish County
- Arbitrator, King County Superior Court Arbitration Program
- Advisory Committee, Dispute Resolution Center of King County, 2002-2004
- Breakfast Committee, 2009-2010; Major Donor Committee, 2004-2008; Board, 1996-1999; Treasurer, 1997-1998 – King County Sexual Assault Resource Center
- Rabbi Search Committee, 2005; Board, 1997-1999; Chair, Year of Torah, 1998-1999; Religious Practices Committee, 1993-1997 – Congregation Beth Shalom
- Long Range Planning Committee, Seattle Association for the Jewish Disabled, 2002-2003
- American Bar Association, 1982-present
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Professional Recognition
- Named as “Trial Lawyer of the Year” (as part of the Exxon Valdez team) by Trial Lawyers for Public Justice, 1995
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Education J.D., Duke University School of Law, 1981, with distinction
- Administrative Law Editor, Duke Law Journal
B.S., Indiana University Kelley School of Business, 1978 | |