Related Practices

Admitted to Practice

Washington
U.S. District Court Eastern District of Washington
U.S. District Court Western District of Washington
U.S. Court of Appeals 9th Circuit

Steven Caplow

Partner

Co-chair, Arbitration Practice

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Seattle

T206.757.8018

F206.757.7018

Steven Caplow handles complex commercial and class action litigation, aircraft transactions, and insolvency matters. He has broad experience in cases involving securities, business torts, contracts, intellectual property, employment, construction, garnishment proceedings, and real estate.

Steven represents airlines based in Asia, Europe, and the Middle East on commercial law issues.

He conducts arbitrations under AAA, JDR, JAMs, and WIPO rules, is a FINRA dispute resolution arbitrator, and regularly publishes articles in the London-based journal, Arbitration.

Representative Experience

Aircraft

Aircraft transactions for commercial aircraft and related equipment

Represent international airlines, manufacturers and banks with respect to:

Pre-Delivery Payment (PDP) financing for five 737-800 aircraft with innovative structure to address “claw-back” issues;
Analysis of Uniform Commercial Code (UCC) warranties and remedies related to the purchase of 737, 787, and 747-8 aircraft;
Termination and rescheduling of 787 aircraft deliveries;
Washington law review of aircraft related agreements, including Subcontracted Products Built to Boeing’s Detailed Design and Special Business Provisions (SBP);
Negotiation of development agreement and content licenses for fiber optic In-Flight Entertainment (IFE) system;
Airframe and engine warranty assignments; and
Opinion letters related to aircraft finance and travel site transactions. (Ongoing)

Complex Commercial Litigation

Arbitration

Represent major wireless provider and other clients in arbitrations under AAA, JDR, JAMs, DC Bar Attorney/Client Arbitration Board and WIPO rules. (Ongoing)

Russell Childs v. Microsoft

In a unanimous decision, the Ninth Circuit affirmed the federal district court’s rulings on a motion to dismiss and summary judgment dismissing various employment related claims asserted against our client Microsoft. (W.D. Wash. 2012)

Software Rights Archive, LLC v. Microsoft Corp.

Defense of Microsoft in patent infringement suit involving indexing, crawling, ranking, and service of search results and advertisements in response to end-user keyword queries. Settled case favorably shortly after service of extensive invalidity contentions (W.D. Wash. 2012)

Washington Mutual Securities, Derivative and ERISA Litigation

Represent former Washington Mutual officers in multidistrict class action litigation and tag-along cases pending in federal district court in the Western District of Washington involving securities claims arising from collapse of housing market. Appointed by court as liaison counsel and single-member deposition committee for all defendants. (W.D. Wash. Ongoing)

South Ferry LP, No. 2 v. Killinger

Defended former CFO of Washington Mutual against claims arising from alleged flaws in hedging strategies. Case resolved through settlement after five years of litigation, substantial motion practice and proceedings in Ninth Circuit. (W.D. Wash. 2011)

Apilado v. NAGAAA

Successfully established First Amendment affirmative defense for the North American Gay Amateur Athletic Alliance against claim that Washington state's public accommodations laws were violated by enforcing a rule limiting the number of heterosexuals who can play on a team. 792 F. Supp.2d 1151 (W.D. Wash. 2011)

Aventa Learning, Inc. et al. v. K12, Inc. et al

Defended K12 Inc. and its affiliate in Washington State Securities Act (WSSA) claim. Settled shortly before trial. (W.D. Wash. 2011)

Equilon v. Puget Sound Energy

Represented Shell in refinery business interruption claim arising from power outage. (W.D. Wash. 2011)

FDIC v. Killinger et al.

Successfully defended former WAMU CFO in a negligence action filed by the FDIC. (2011)

Amazon.com v. Kenneth Lay, Secretary, North Carolina's Department of Revenue

Obtained declaratory judgment that North Carolina's request for information about customers' choices of expressive material violates the First Amendment and the Video Privacy Protection Act. 758 F. Supp. 2d 1154 (W. D. Wash. 2010)

Garnishment and Other Insolvency

Garnishment and other insolvency

Represent wireless carrier, national bank, and other clients in garnishments, adversary proceedings, attachments, provisional process, and 327 applications. (Ongoing)

Groshong v. Sapp, et al.

Obtained favorable settlement for debtor Layne Sapp on preference and fraudulent transfer claims. (Bankr. W.D. Wash. 2010)

In re Qimonda Richmond, LLC

Represent consultant to debtor in sale of 300MM semi-conductor facility located in Richmond, Va. (Bankr D. Del. 2010)

Veronique Limited v. Cohen

Motion for summary judgment in lieu of complaint to collect on acknowledgment of debt related to diamond financing. (N.Y. Sup. Ct. 2009)

Additional Qualifications

Senior Commercial Litigation Attorney, Bogle & Gates PLLC, Seattle

Professional & Community Activities

Board and Executive Committee Member, Seattle Arts and Lectures, 2011-present
Treasurer, KCBA Aviation Law Section
Board of Directors, New Discovery School, 2007-2011

Professional Recognition

Selected to "Washington Super Lawyers" in Business Litigation, Thomson Reuters, 2012
Awarded AV Premier rating by the Martindale-Hubbell Law Directory
Top Lawyers, Seattle Met Magazine, 2011 & 2012
Avvo rated