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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

CaplowSteven
Partner
Co-chair, Arbitration Practice
T206.757.8018
F206.757.7018
Steven Caplow handles arbitration, complex commercial litigation, and aircraft transactions. He has broad experience in matters involving supply chains, real estate, securities, business torts, contracts, intellectual property, employment, construction, and garnishment proceedings.

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, engine manufacturers and banks with respect to:

  • Pre-Delivery Payment (PDP) and delivery financing for B737, B787, B747-8 and A320 aircraft;
    • Develop innovative financing structure to address claw-back risk for PDPs
    • Serve as special counsel for airframe and engine warranty assignments
  • Negotiate development agreement and content licenses for fiber optic In-Flight Entertainment (IFE) system;
  • Analysis of commercial aircraft purchase agreements and engine vendor agreements under the Uniform Commercial Code (UCC);
  • Washington law review of aircraft related agreements, including Subcontracted Products Built to Boeing’s Detailed Design and Special Business Provisions (SBP)

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)

Wuth v. LabCorp

Represent co-defendant Valley Medical Center on appeal of jury verdict (Wash. Ct. App. Ongoing)

Carolina Casualty Insurance Co. v. Omeros Corporation

Defend carrier in IFCA and bad faith claims related to EPL and D&O coverage (W.D. Wash. 2013)

FDIC v. Evergreen Bank

Successfully defend former D&O’s in FDIC claim. (2013)

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

  • Vice Chair, KCBA Aviation Law Section, present
  • Board and Executive Committee Member, Seattle United FC, 2013-present
  • Advocacy & Accountability Committee, The Bush School, September 2014-present
  • Board and Executive Committee Member, Seattle Arts and Lectures, 2011-September 2013
  • Board of Directors, New Discovery School, 2007-2011

Professional Recognition

  • Selected to "Washington Super Lawyers" in Business Litigation, Thomson Reuters, 2012-2014
  • Awarded AV Premier rating by the Martindale-Hubbell Law Directory  
  • Top Lawyers, Seattle Met Magazine, 2011 & 2012
  • Avvo rated