Admitted to Practice | Washington, 1971 | | Alaska, 1984 | | U.S. Supreme Court, 1977 | | U.S. Court of Appeals Federal Circuit, 1984 | | U.S. Court of International Trade, 1978 | | U.S. Court of Appeals 9th Circuit, 1973 | | U.S. District Court Eastern District of Washington, 1974 | | U.S. District Court Western District of Washington, 1973 |
| Monty Gray handles a wide range of commercial disputes, litigation and appeals. He has been lead counsel in dozens of trials before judges, juries and arbitrators, some lasting up to three months. His cases have involved computer systems and software, banking, insurance, health care, telecommunications, newspapers and other media, wholesale and retail distribution of consumer goods, professional services, government contracting, ship construction, timber, agriculture, and fishing, among other industries; and they have presented issues under antitrust law, employment discrimination, ERISA, constitutional law, intellectual property, and contract law, among others. Monty is also active in alternative dispute resolution and counseling, and in pro bono representation of those unable to afford private counsel. Selected Experience Microsoft Corporation 2007 Represented Microsoft and one of its subsidiaries in patent-infringement and breach of contract litigation. Summary judgment obtained in favor of Microsoft; patent infringement claims against subsidiary settled hours before the start of the trial. Washington Mutual 2005 Represented Washington Mutual in defense of $100 million claim for breach of contract and related claims. Substantially prevailed after three-week hearing before panel of three arbitrators. Clear Channel 2004 Defended client against claims of attempted monopolization, unfair competition and breach of contract brought by unsuccessful concert promoter; case settled early on favorable terms. Sea Sport Boats, Inc. 2001 Represented manufacturer and dealer of fishing boats in dealer-termination case brought under state antitrust law. Case settled in mediation. K2 2000 Represented K2 in this patent infringement dispute regarding an in-line skate. BankAmerica Corp. 1995 Defended BankAmerica against severance-pay claims brought by putative class of employees who previously worked for acquired bank and continued to work in essentially the same jobs post-acquisition. Obtained summary judgment for defendant and successfully defended it on appeal. Westinghouse Hanford Company 1993 Defended federal DOE contractor in a series of cases and appeals involving miscommunications regarding pension benefits and/or errors in calculation of early-retirement adjustments. In Watkins, appellate court directed entry of judgment for defendants. Pay 'N Pak Stores, Inc. 1989 Defended chain of 100-plus home centers in antitrust action brought by competitor alleging predatory pricing, pressuring suppliers not to deal, or to do so only on favorable terms, and violations of the Robinson-Patman Act. Obtained summary judgment for defendants on most causes of action and successfully defended on appeal, largely on the basis of lack of evidence to support plaintiff's claimed product cluster market definition. American Jewish Committee Prepared and filed amicus brief on behalf of the American Jewish Committee and other organizations arguing that military commissions at Guantanamo violated detainee's right to be present and confront his accusers. Washington State Bar Association Prepared and filed amicus brief on behalf of Washington State Bar Association in support of indigent's right to appointed counsel in child-custody case when other parent had retained counsel. Additional Qualifications
- Law Clerk, Hon. Henry J. Friendly, U.S. Court of Appeals for the 2nd Circuit, 1969-70
- Law Clerk, Hon. Justice John M. Harlan, U.S. Supreme Court, 1969-70
- Staff Attorney, Office of the General Counsel, Department of the Air Force, 1971-72
- Trial Attorney, Office for Drug Abuse Law Enforcement, U.S. Department of Justice, 1972-73
- Assistant U.S. Attorney (investigation and trial of white-collar crime and narcotics conspiracies), Seattle, 1973-76
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Professional and Community Activities
- Fellow, American College of Trial Lawyers, inducted in 1992
- Member since 1994; Advisor to Restatement of Employment Law; Members’ Consultative Committee for Restatement of Torts: Liability for Economic Loss; Members’ Consultative Committee for Restatement (Third) of Agency – American Law Institute
- Past Member, Executive Council, Section on Antitrust, Consumer Protection and Unfair Business Practices, Washington State Bar Association
- Section on Antitrust, Consumer Protection and Unfair Business Practices, Washington State Bar Association
- Pro Bono and Legal Aid Committee, Washington State Bar Association
- Trial Practice Instructor, University of Washington Law School, 1979-80
- Instructor, National Institute of Trial Advocacy, on numerous occasions
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Professional Recognition
- Named as one of “America’s Leading Lawyers for Business” in Litigation: General Commercial (Washington) by Chambers USA, 2005-2007, 2009
- Named as one of the “Best Lawyers in America” in Business Litigation by Woodward/White, 1999-2009; named in Commercial Litigation, 2008, 2010; named in Bet-the-Company Litigation, 2010
- Selected to "Washington Super Lawyers," Law & Politics, 2000-2009
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Education J.D., Harvard Law School, 1969, magna cum laude
- Articles Editor, Harvard Law Review
A.B., Mathematics, Princeton University, 1966 | |