Randy Gainer is an accomplished litigator in the fields of privacy and cybersecurity, communications and media, information technology, and intellectual property. He has successfully litigated many cases representing large corporations, hospital systems, government agencies, financial institutions, and software developers against claims ranging from false advertising to multimillion-dollar contract disputes. Randy also advises businesses regarding compliance with computer network security laws, privacy requirements, and data breach notification statutes, and helps businesses conduct information system risk assessments.
Randy's clients include: Providence Health & Services, Starbucks, and two large national cable communications companies.
Representative Experience
Regional banks
Advise regional bank officers regarding steps the banks should take to reduce the risks of ACH and wire transfer fraud from commercial customers’ accounts. (Ongoing)
Polanco v. Omnicell, Inc., et al.
Co-counsel for South Jersey Hospital, now known as Inspira, opposing putative class action claims related to theft of laptop with patient information from hospital contractor. (D.N.J. Ongoing)
Cousineau v. Microsoft
Co-counsel for Microsoft opposing putative class action claims alleging Windows phones unlawfully use location information. (Ongoing)
Charter Communications
Assisted Charter conduct information system risk assessment. (2012)
Paul v. Providence Health System
Represented Providence Health System against a putative class action. Plaintiffs alleged that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Dismissal was affirmed by the Oregon Court of Appeals and by the Oregon Supreme Court, 273 P.3d 106 (February 24, 2012).
Payment card information theft for Jetro/Restaurant Depot
Advised Jetro/Restaurant Depot officials regarding steps to respond to the thefts of customers' payment card information. (2011, 2013)
Kount Inc. v. iovation Inc.
Lead counsel for security software owner iovation defending against patent infringement claims brought by competitor. The claims were settled after a magistrate judge entered summary judgment for iovation. (D. Or. 2010)
TruePosition
Advised location information technology licensor TruePosition regarding legal restrictions pertaining to use of cell site location information. (2011)
Charter Communications v. Knowles
Lead counsel for cable provider in Computer Fraud and Abuse Act case against hacker. (2011)
Christopher Kramer v. Autobytel and B2Mobile LLC
Lead counsel for web-based automobile retailer Autobytel in class-action litigation claiming Autobytel's contractor violated Telephone Consumer Protection Act by sending text message ads. The claims against Autobytel were settled. (2010)
Microscan Systems, Inc. v. Cognex Corporation
Represented barcode reader patent holder in a patent infringement litigation against competitive machine vision manufacturer. Won partial summary judgment dismissing patent infringement counterclaim; case settled. (W.D. Wash. 2010)
Illinois Tool Works, Inc. et al. v. Seattle Safety, LLC
Represented crash sled patent holder in a patent infringement, breach of contract, and unfair competition litigation against former contractor. Won partial summary judgment of infringement; case settled four days before trial. (W.D. Wash. 2011)
Online marketplace for leading technology provider
Representation of leading technology provider with payments and related issues for online marketplaces. (2011)
McDonough v. Russell Investments
Assisted defense counsel by handling motions and witnesses related to electronic discovery. (2011)
Contract dispute for Tacoma Screw Products
Assisted Tacoma Screw Products in resolving a dispute with salesforce.com regarding contract terms. (2010)
Data breach advice for Children's Hospital Los Angeles
Advised Children's Hospital Los Angeles regarding steps it should take in response to data breach. (2010)
Data breach advice for Monoprice Inc.
Advised Monoprice regarding steps it should take in response to electronic data breach. (2010)
MSIT PCI support for Microsoft Corporation
Assisted Microsoft in negotiating and drafting an agreement with Qualified Security Assessor to perform PCI DSS security assessment. (2010)
Privacy breach/stolen desktop computers for St. Joseph's Hospital
Advised St. Joseph's Hospital regarding steps it should take in response to electronic data breach. (2010)
Software license litigation for Epicor Software Corp.
Represented Epicor in litigation with a software licensee. (2010)
Vendor dispute
Assisted Amazon in resolving a dispute with a software development vendor. (2010)
Defense of cable operator in a putative class action
Defended national provider of broadband services in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals. 150 Wn. App. 721, 208 P.3d 1261 (Wash. App. 2009)
Isomedia v. Spectrum Direct, et al.
Defended EducationDynamics in case alleging that the company violated the CAN-SPAM Act. The claims were settled. (2009)
Internet, ITFA and telecommunications taxes for national cable company
Won trial court order refunding $2.1 million in taxes paid by national cable company to the City of Seattle on cable Internet service. Won unanimous Washington Supreme Court decision affirming the judgment on appeal. 164 Wn.2d 35, 186 P.3d 1032 (Wash. 2008)
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U.S. Dept. of Health & Human Services, Office for Civil Rights, In re: Providence Health & Services
Represented Providence Health & Services in federal administrative proceedings related to the theft of backup tapes. Proceedings ended in a negotiated settlement. (Or. App. 2008)
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ACLU vs. National Security Agency
Represented the ACLU in a challenge to the president's authority to engage in warrantless wiretapping of U.S. citizens, including an appeal of a summary judgment ruling, first to the 6th Circuit and then to the U.S. Supreme Court. 493 F.3d 644 (6th Cir. 2007), cert. denied, 128 S. Ct. 1334 (2008) (U.S. 2007)
Bostwick Laboratories, Inc. v. Cortex Medical Management Systems, Inc.
Represented pathology laboratory against software vendor, prevailing on the laboratory's claim that billing and report-generating software was defective. (King Cnty. (Wash.) Super. Ct. 2005)
Client Network Services, Inc. v. DSHS
Represented state agency in the matter of a Medicaid Management Information System contract, against a bidder who believed it was wrongly passed over. The court upheld the award to the bidder chosen by the state. (Thurston Cnty. (Wash.) Super. Ct. 2005)
Verizon Directories Corp. v. Yellow Book USA, Inc.
Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. 338 F. Supp. 2d 422 (approving settlement) and 309 F. Supp. 2d 401 (granting in part motion to dismiss) (E.D.N.Y. 2004)
Huntley Machine & Tool Co., Inc. v. Kirkhill Rubber Co.
Won a $1.4 million jury verdict for the manufacturer of radio-frequency shielding doors, used to protect computer and military facilities, in a breach of warranty claim against a component supplier. (King Cnty. (Wash.) Super. Ct. 1994)