Antitrust Compliance and Investigations
Consumer protection investigations
Represented multiple companies in connection with investigations by the Federal Trade Commission Bureau of Consumer Protection under the Fair Credit Reporting Act and the Children’s Online Privacy Protection Act. Investigations closed without action. (2012)
Represented large regional medical center in potentially contentious acquisition of nearby hospital. Acquisition completed without challenge. (2012)
Clinical integration arrangement
Advised large regional hospital system in connection with efforts to clinically integrate with other health care organizations. (2012)
Physician group acquisition investigation
Represented large regional medical center in an investigation conducted by the FTC and the Nevada State Attorney General in the acquisition of a physicians group. Investigation closed without impact on the acquisition. (2011)
Physician group acquisition investigation
Represented large health system in connection with investigation conducted by the FTC and the Washington State Attorney General in the acquisition of a physicians group. (2010)
Health system merger investigation
Represented two regional health systems in connection with investigation conducted by the FTC and Washington State Attorney General into their affiliation. Investigation closed without impact on the acquisition. (2011)
Standard setting organization
Antitrust counsel to semi-conductor manufacturer in connection with establishment of standard setting organizations. (2011)
Represented Indiana hospital in its affiliation with a Midwestern Regional Health System. (2009)
Represented PeaceHealth in its affiliation with Southwest Washington Health System including compliance with Hart-Scott-Rodino Act requirements. (2010)
Putative Class Actions
Blass v. Flagstar Bank FSB
Represented Flagstar Bank in putative class action alleging the company improperly obtained flood insurance on behalf of borrowers in violation of state and federal law. Obtained dismissal of all claims with prejudice. __ F. Supp. __, 2012 WL 2522628 (S.D. Fla. 2012)
Kwan et al. v. Clearwire Corporation, Clearwire Communications LLC, Clearwire US, LLC, & Bureau of Recovery LLC
Represent wireless communications company in putative class action alleging the company and its contractors left prerecorded messages on cell phones in violation of the TCPA, the Fair Debt Collections Practices Act, the Washington Consumer Protection Act, the Washington Commercial Telephone Solicitation Act, and other claims. (Ongoing)
Muniz v. Microsoft Corporation
Represented Microsoft Corporation in putative consumer class action alleging fraud and consumer protection act claims. Obtained dismissal of all claims. Muniz v. Microsoft Corp., 2010 WL 4482107 (W.D. Wash 2010)
O'Connor v. JobFox Inc.
Represented JobFox in putative nationwide class action alleging the company transmitted unsolicited faxed advertisements in violation of the TCPA, the Washington Unsolicited Fax Law and the Washington Consumer Protection Act. Case settled on favorable terms. (2012)
BNS Limited v. Redondo Family Chiropractic, Inc.
Represented chiropractic clinic in putative class action alleging clinic sent unsolicited fax advertisements in violation of the TCPA, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. Case settled on favorable terms. (2010)
Additional Litigation Experience
Dankenbring et al. v. ICMA Retirement Corporation
Represented Retirement Services Corporation and its employee in a civil action asserting claims for professional negligence and breach of contract. Obtained dismissal at Summary Judgment. (Thurston Cnty. (Wash.) Super. Ct. 2010)
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 by Judicial Dispute Resolution, Inc., 2010)
Fievez v. JPMorgan Chase
Represented bank in lawsuit involving fraud and consumer protection act claims arising out of residential loan transaction. Obtained dismissal of all claims. Fievez v. JPMorgan Chase Bank N.A., 2011 WL 5008542 (W.D. Wash. 2011)
Destry et al v. Bank of America, N.A.
Represented bank in a civil action asserting claims regarding construction defects and warranties for loans guaranteed by the Department of Veterans Affairs. Obtained dismissal of all claims. Destry v. Bank of America et al, No. 10-2-1294-6 (Whatcom Cnty. Super. Ct. 2012)
Prior v. JPMorgan Chase Bank
Represented bank in lawsuit involving fraud and consumer protection act claims arising out of residential loan transaction. Obtained dismissal of claims. (Kitsap Cnty. (Wash.) Super. Ct. 2011)
Cadondon v. Bank of America, N.A.
Obtained dismissal of claims brought under the Truth in Lending Act, Fair Debt Collection Practices Act, and Real Estate Settlement Procedures Act. (Grays Harbor Cnty. (Wash.) Super. Ct. 2009)