Representative Experience
Wolverine Outdoors, Inc. v. Marker International GmbH
Counsel to international outdoor products retailer Marker International GmbH in trademark conflict proceedings before the Trademark Trial and Appeal Board. (T.T.A.B. Ongoing)
Doty v. Department of Labor and Industries
Obtained release of records and statutory fines and attorneys fees after the department failed to produced documents responsive to several requests made under Washington’s public records act. (2011)
Phillips v. KIRO
Representation of KIRO-TV against defamation and privacy claims brought by Christopher Phillips, a former Renton-area eye surgeon. Obtained dismissal of claims, the case is on appeal by Phillips. Related cases: Phillips v. Seattle Times Co., Phillips v. Newspaper Holdings, Inc., Phillips v. World Publishing Co., Phillips v. Hearst Corporation, Inc. (W.D. Wash. 2011)
Play Vision v. Dollar Tree Stores
Represent national retailer of patent, copyright, and trademark infringement suit involving various thermoplastic rubber toys. Obtained voluntary dismissal with prejudice of all claims, including court ordered monetary sanctions and attorneys’ fees against plaintiff and its counsel. 2011 WL 2292326 (W.D. Wash. 2011)
Preferred Nutrition, Inc. v. Lorna Vanderhaeghe
Counsel in defense of claims of trademark and trade dress infringement involving nutritional supplements. (W.D. Wash. 2011)
State v. Nixon
Successfully argued against prior restraint order issued by a superior court judge. Represented KIRO-TV and KING5 in briefing and arguments against court-ordered ban on publishing video of the defendant’s face after video was taken with the court’s permission at the defendant’s arraignment. (2011)
Doe v. Reed
Submitted amicus brief on behalf of national and Washington state media in support of constitutionality of the Washington Public Records Act, which required public disclosure of names of referendum sponsors and signatures. 130 S.Ct. 2811 (U.S. 2010)
Jimenez v. City of Chicago
Successfully quashed subpoena, on First Amendment grounds, directed to former student journalist for newsgathering material. 733 F. Supp. 2d 1268 (W.D. Wash. 2010)
Seattle Times Co. v. Serko
Represented newspaper before Washington Supreme Court and trial court in public records litigation over police investigative files stemming from the 2009 shooting of four police officers. Obtained a unanimous decision that police records cannot be categorically withheld from public access, even in the face of a claim that disclosure threatens the suspect's fair trial rights. 170 Wash.2d 581, 243 P.3d 919 (Wash. App. 2010)
Doe v. Department of Corrections
Pro bono representation of news publication in records access case. Successfully argued that the publication should have access to employment records of a Department of Corrections employee. (2009)
Hutchison v. KIRO Inc.
Represented local television station in a motion to unseal summary judgment documents filed in a discrimination lawsuit brought by a former news anchor. The court ordered the documents to be unsealed with only a few redactions. Cause No. 03-2-39320-7 (King Cnty. (Wash.) Super. Ct. 2009)
Seattle v. Wilson
Represented, pro bono, individuals charged with trespass after they built a homeless tent city on Seattle property. Representation included filing a motion to dismiss based on First Amendment grounds. The City of Seattle subsequently dismissed charges against the defendants. (2009)
United States of America v. Lucretia and United States v. Ferris
Represented CBC in granting an order, in part, to intervene and unseal documents from federal criminal court files for use in its television program 'The Fifth Estate.' (2009)
United States v. Leonard Joseph Ferris; United States v. James
Represented intervenor CBC in motions to intervene and unseal criminal records filed in a cross-border drug smuggling case. Motions were filed in the U.S. District Courts for the Eastern and Western Districts of Washington. The courts granted the motions in part. (2009)
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Zango, Inc. v. Kaspersky Lab, Inc.
Summary judgment dismissing lawsuit against distributor of anti-malware products, recognizing 'robust' immunity under 47 U.S.C. § 230(c)(2) enabling consumer access to information about potentially 'objectionable' software. In 2009, the U.S. Court of Appeals for the 9th Circuit affirmed the lower court's 2007 dismissal. WL 1655217 (W.D. Wash., 9th Cir. 2009)
Derek Andrew, Inc. v. Vital Pharmaceuticals, Inc.
Represented clothing designer in competing trademark infringement actions in a Florida federal court and the U.S. District for the Western District of Washington. Successfully obtained dismissal of the Florida lawsuit in favor of the preferred Washington venue. Successfully obtained preliminary junction. (2008)
SOG Specialty Knives & Tools, Inc. v. Cold Steel, Inc.
Counsel in a trademark infringement lawsuit filed in the U.S. District Court for the Western District of Washington. Following oral argument, the case was dismissed for lack of personal jurisdiction. (2008)
Washington v. Booker
Represented TV station KIRO in opposing a motion to close a courtroom during a criminal case against a juvenile. (2008)
Washington v. Dias
Represented newspaper in opposing a motion to close a courtroom during a competency hearing. (2007)