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Admitted to Practice

  • Washington
  • Wisconsin
  • U.S. District Court Western District of Wisconsin
  • U.S. District Court Western District of Washington

Ryan C. Gist

GistRyan
Associate
T206.757.8056
F206.757.7056
Ryan Gist concentrates his practice in litigation, regulatory matters, and business counseling with an emphasis on antitrust and consumer protection issues. He represents clients in litigation and in investigations by the state and federal antitrust enforcement agencies. Ryan also helps businesses structure mergers, acquisitions, and other commercial transactions to minimize antitrust risk. Ryan served for seven years with the U.S. Army in Bosnia, Afghanistan, and Iraq, rising to be a company commander, before graduating from the University of Wisconsin Law School, where he was a managing editor of the Law Review.

Representative Experience

Antitrust Compliance and Investigations

Antitrust counsel to online game developer

Represented game developer in an investigation by a state attorney general into alleged agreement among game companies not to hire employees from each other. (2013)

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)

Hospital acquisition

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)

Antitrust counsel to media outlet

Antitrust counsel to Black Press, owner of the Honolulu Star-Bulletin, in an investigation conducted by the Antitrust Division and State of Hawai`i into the acquisition by Black Press of the Honolulu Advertiser. The division and state permitted the acquisition to proceed after the failing company defense was successfully demonstrated. The two newspapers were combined into a single daily, the Honolulu Star-Advertiser. (2010)

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)

Hospital affiliation

Represented Indiana hospital in its affiliation with a Midwestern Regional Health System. (2009)

Hospital affiliation

Represented PeaceHealth in its affiliation with Southwest Washington Health System including compliance with Hart-Scott-Rodino Act requirements. (2010)

Putative Class Actions

Hetherington v. Omaha Steaks, Inc. and Omaha Steaks Int’l, Inc.

Represent leading food manufacturing, marketing, and distribution company in putative nationwide class action alleging the company placed automated and prerecorded messages to cell phones in violation of the TCPA and state common law. (D. Or. Ongoing)

Dennings v. Clearwire

Represented national wireless carrier in putative nationwide and six-state class actions in federal court alleging carrier breached its contracts and violated consumer protection statutes by advertising engaging in network management practices. Resolved favorably through settlement. (W.D. Wash. 2014)

Anderson v. Clearwire Corporation

Represented wireless communications company in action alleging the company left prerecorded messages on cell phones in violation of the TCPA. Resolved favorably through settlement. (M.D. Fla. 2012)

Cudecki et al. v. Clearwire Corporation

Represented wireless communications company in putative class action alleging the company left prerecorded messages on cell phones in violation of the TCPA. Resolved favorably through settlement. (N.D. Ill. 2012)

Gragg v. Orange Cab Company, Inc. & Ridecharge Inc.

Represent mobile application developer and transportation company in putative class action alleging the companies sent text messages in violation of the TCPA, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. Obtained order dismissing TCPA claim on summary judgment. See Gragg v. Orange Cab Co., -- F. Supp. 2d --, 2014 WL 494862 (W.D. Wash. Feb. 7, 2014). Motion to dismiss Washington Consumer Protection Act claim granted. (W.D. Wash. Ongoing)

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

Represented 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. Resolved favorably through settlement. (W.D. Wash. 2014)

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. (W.D. Wash 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. (King Cnty. (Wash.) Super. Ct. 2010)

General Commercial Litigation

Froshmonster et. al. v. Bonsai Media Group

Represented startup online college counseling business in contract dispute against web development and marketing company that was withholding website source code and other materials and demanding additional payment. Obtained preliminary injunction requiring defendant to immediately turn over all work performed for FroshMonster. Froshmonster v. LaBaw and Bonsai Media Group, Inc. (King Cnty. Sup. Ct. 2014)

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)

Additional Qualifications

  • Extern Clerk, Wisconsin Supreme Court, Madison, Wis.
  • Intern, U.S. Attorney’s Office, Western District of Washington, Seattle
  • Company Commander, U.S. Army, Mosul, Iraq, 2004-2005
    • Awarded Bronze Star with Valor 
  • Ranger Platoon Leader, U.S. Army, Kunar Province, Afghanistan, 2002-2003
    • Post 9/11 Precision Combat Operations
  • Senior Negotiator, United Nations Stabilization Force, Brcko, Bosnia, 1998-1999

Professional & Community Activities

  • Antitrust Mergers and Acquisitions Committee, American Bar Association
  • American Healthcare Lawyers Association 

Professional Recognition

  • Selected to “Washington Rising Stars,” Thomson Reuters, 2014
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