Representative Financial Institutions Experience
PNC Bank, N.A.
Defending national bank in numerous lawsuits relating to foreclosures and lender liability claims, including defense of class action lawsuit relating to recording fees. (Ongoing)
State money transmitter/licensing matters
Advising and representing payment processors and related entities in responding to subpoenas and complaints from various state financial regulators regarding potential money transmission licensing requirements. (Ongoing)
Gift card redemption claim
Representing national retailer in putative class action alleging violation of Washington's gift card act by failure to redeem gift cards with balance less than $5 on demand. (King Cty. Sup. Ct. 2015)
Gift card redemption claim
Represented provider of gift cards in consumer arbitration alleging failure to activate cards upon purchase, resulting in complete defense award. (AAA 2015)
Consumer Financial Protection Bureau NORA letter response
Represented financial institution in responding to Notice and Opportunity to Respond and Advise letter relating to compliance with Home Mortgage Disclosure Act (HMDA) requirements, leading to stipulated consent order. (2013)
Washington Federal v. David Edelstein & Greenbriar Construction Corp.
Represented bank in five related lawsuits involving approximately $25 million of commercial loans acquired from FDIC, resulting in favorable global settlement. (Whatcom Cty. Sup. Ct. 2012)
Banner Bank v. Jarman Hothi
Represented bank in receivership, non-judicial foreclosure, and related bankruptcy proceeding by commercial borrower. (Spokane Cty. Sup. Ct. & E. D. Wash. 2012)
Meadowdale Plaza borrowers
Represented major financial institution in connection with receivership, non-judicial foreclosure and subsequent bankruptcy proceedings by borrowers. (2012)
GE Capital Franchise Finance v. Cosentino Companies
Represented secured lender in lawsuits in New York and Florida federal and state courts against individual borrower and several of his companies, resulting in a favorable global settlement, and subsequent litigation related to settlement agreement. (2011)
Molosky v. Washington Mutual
Represented nation's largest savings and loan in putative class litigation in Michigan alleging improper collection of mortgage release fees and payoff statement fees. Motion to dismiss granted based on federal preemption and failure to state a claim under Michigan law. Appeal pending in the 6th Circuit when the FDIC assumed control of the savings and loan, resulting in a stay of the appeal. (6th Cir. 2008)
GE Commercial Finance v. RV Indio and Mark Ingram
Represented GE Commercial Finance on claims of breach of contract and foreclosure on loan to RV dealer. Obtained TRO and Injunction regarding Order for Claim and Delivery. Case settled satisfactorily. (Lane Cnty. (Or.) Cir. Ct. 2007)
Representative International Experience
MMMT Holdings Corp. v. NSGI Holdings, Inc.
Represented NSGI Holdings, Inc. and its Japanese parent companies Nisshin Seifun Group, Inc. and Nisshin Flour Milling, Inc. (“Nisshin”) in a dispute arising out of Nisshin’s $122 million purchase (plus assumed debt of approximately $60 million) of a flour milling company, Miller Milling, from MMMT and its shareholders. Following extensive discovery, including numerous depositions in Tokyo, the parties reached a favorable settlement. (W.D. Wash. 2014)
Accord Software & Systems Pvt. Ltd. v. Spectralux Corporation
Represented aerospace industry manufacturer Spectralux in an UNCITRAL arbitration administered by the London Court of International Arbitration under New York law. Case involved a contract dispute with a Bangalore, India, software developer with whom Spectralux had previously developed, manufactured, and sold an avionics GPS device. Prevailed on all defenses and counterclaims following hearing at the International Dispute Resolution Center in London. (2010)
Nick A. Hauenstein v. Softwrap Limited, et al.
Compelled World Intellectual Property Organization (WIPO) arbitration (London) for client in software license dispute. Order for dismissal without prejudice; plaintiff's motion for reconsideration denied by court order. (2007)
Representative Intellectual Property Experience
VHT Studios Inc. v. Zillow Group Inc. et al.
Representing VHT in a copyright infringement suit for the unauthorized copying of thousands of photographic images owned by VHT on Zillow’s "Digs" home design site and on properties not actively listed for sale on Zillow’s central listing website. Obtained favorable jury verdict after seven-day trial. (W.D. Wash. Ongoing)
Boehm et al. v. Getty Images (US), Inc. et al.
Representing the world's leading provider of stock photography in copyright infringement lawsuit and arbitration with two contributing photographers regarding Getty Images' licensing of their images. (W.D. Wisc. & AAA Ongoing)
Shepard v. Getty Images (US), Inc. et al.
Represented the world's leading provider of stock photography in lawsuit brought by courtroom sketch artists alleging infringement of the copyrights in their sketches and violation of the Digital Millennium Copyright Act. Case settled on favorable terms following filing of motion to dismiss. (S.D.N.Y. 2015)
Cornell v. Getty Images (US), Inc.
Represented the world’s leading provider of stock photography in lawsuit with courtroom sketch artist regarding Getty Images’ licensing of her sketches. The case centered on the sketch artist’s claim that Getty Images violated her copyright and the Digital Millennium Copyright Act by distributing the sketches along with allegedly false copyright management information. After Getty Images defeated plaintiff’s summary judgment motion, the case settled on confidential terms. (W.D. Wash. 2014)
Psihoyos v. Luminant Media, Inc. & Bloomberg LP
Represented media companies in defense of copyright infringement lawsuit resulting in favorable settlement. (S.D.N.Y. 2011)
Getty Images (US) Inc. v. Visions of Tomorrow, Inc. and Minden Pictures, Inc.
Represented the world's leading provider of stock photography in arbitration and litigation with two image partners regarding Getty Images' licensing of their images through a new product. The case centered on the image partners' claims that Getty Images breached its contracts with them and violated their, and their contributors', copyrights by licensing the images. After significant discovery and motion practice, the case settled satisfactorily. (S.D.N.Y. and arbitration, 2010)
Representative General Litigation Experience
Blue Box Group, Inc. v. Digital Fortress, Inc.
Represented colocation facility owner in contract dispute with customer, focusing on customer’s early termination of colocation hosting agreement. Following discovery, the case settled satisfactorily. (King Cty. Sup. Ct. 2014)
Coonan v. Inland Telephone Company
Represented related wireless and wireline telephone companies and their senior executives in contract and employee benefits dispute filed by former executive, focusing on dispute over value of executive’s shares in wireless company. Following extensive discovery and motion practice, the case settled satisfactorily. (Kittitas Cty. Sup. Ct. 2014)
Federal Trade Commission investigation of Google
Represented third party in connection with FTC’s investigation of possible monopolization by Google. (2012)
DOJ v. AT&T/Deutsche Telekom
Assisted national wireless carrier in managing response to Department of Justice challenge to merger with AT&T. (2011)
Cell Therapeutics, Inc. v. The Lash Group, Inc.
Represented medical reimbursement consulting company in defense of contract dispute with former customer regarding advice on Medicare reimbursement. (2011)
Witham v. Clallam County Public Hospital District No. 2
Counsel to public hospital district sued by oncologist who claimed the hospital monopolized the provision of oncology services by hiring its own providers. On motion to dismiss filed against the complaint, obtained dismissal of Sherman Act damage claims under Local Government Antitrust Act and of all state antitrust claims. (W.D. Wash. 2010)
RoundTable Healthcare Partners, LLC v. Angiotech Pharmaceuticals, Inc.
Lead counsel to Angiotech Pharmaceuticals in contract dispute involving recovery of escrow funds under indemnification provisions of stock purchase agreement concerning involving the quality systems at several medical device manufacturing facilities. (S.D.N.Y. 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)
Hearst Communications v. The Seattle Times Company
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 case resulted in a unanimous Washington Supreme Court decision on the threshold issue of contract interpretation. (2005-2007) Read more
Spafford v. EchoStar Communications Corp.
Represented defendant in a First Amendment challenge to regulations barring telephone solicitation, but the court declined our client's motion to dismiss. 448 F. Supp. 2d 1220 (W.D. Wash. 2006)