Related Practices

Admitted to Practice

Washington, 1971
U.S. Supreme Court, 1977
U.S. Court of Appeals Federal Circuit, 1984
U.S. Court of International Trade, 1978
U.S. Court of Appeals 9th Circuit, 1973
U.S. District Court Eastern District of Washington, 1974
U.S. District Court Western District of Washington, 1973

Marvin L. Gray, Jr.

Partner

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Seattle

T206.757.8054

F206.757.7054

Monty Gray handles a wide range of commercial disputes, litigation and appeals. He has been lead counsel in dozens of trials before judges, juries and arbitrators, some lasting up to three months. His cases have involved computer systems and software, banking, insurance, health care, telecommunications, newspapers and other media, wholesale and retail distribution of consumer goods, professional services, government contracting, ship construction, timber, agriculture, and fishing, among other industries; and they have presented issues under antitrust law, employment discrimination, ERISA, constitutional law, intellectual property, and contract law, among others. Monty is also active in alternative dispute resolution and counseling, and in pro bono representation of those unable to afford private counsel.

Representative Experience

Deep9 Corporation v. Barnes & Noble, Inc.

Defending Barnes & Noble in patent infringement litigation concerning the NOOK. (W.D. Wash. Ongoing)

In re: Processed Egg Products Litigation

Defending regional producer of shell eggs and egg products in consolidated nationwide antitrust litigation. (Ongoing)

Defense of trade secrets case

Represented individual accused by former employer of misuse of trade secrets and breach of confidentiality and nonsolicitation agreement. Recovered attorneys’ fees in arbitration, as the substantially prevailing party. (2011)

Hearst Communications v. The Seattle Times Company

Defended the Seattle Times Company in litigation filed by the Hearst Corporation regarding the Joint Operating Agreement under which the Seattle Times Company published both the Seattle Times and the Seattle Post-Intelligencer. The case resulted in a unanimous Washington Supreme Court decision on the threshold issue of contract interpretation. (2005-2007) Read more

King v. King

Prepared and filed amicus brief on behalf of Washington State Bar Association in support of indigent's right to appointed counsel in child-custody case when other parent had retained counsel. (Wash.)

Timeline, Inc. v. ProClarity Corp. and Microsoft Corp.

Represented Microsoft and one of its subsidiaries in patent-infringement and breach of contract litigation. Summary judgment obtained in favor of Microsoft after extensive e-discovery; patent infringement claims against subsidiary settled hours before the start of the trial. (W.D. Wash. 2007)

Hamdan v. Rumsfeld

Prepared and filed amicus brief on behalf of the American Jewish Committee and other organizations arguing that military commissions at Guantanamo violated detainee's right to be present and confront his accusers. 548 U.S. 557 (2006)

Bluecurrent, LLC v. Washington Mutual

Represented Washington Mutual in defense of $100 million claim for breach of contract and related claims. Substantially prevailed after three-week hearing before panel of three arbitrators. (2005)

Peterson/Renton v. Kaiser Permanente

Represented Kaiser Foundation Health Plan and various other Kaiser entities in a purported class action filed on behalf of Kaiser members nationwide claiming that Kaiser breached fiduciary duties owed under ERISA by failing adequately to disclose to enrollees how physicians are compensated and how Kaiser and its physicians determined what care to provide to members. Class certification was denied. Plaintiff's counsel (the Boies Schiller firm) dismissed the complaint with prejudice thereafter. (W.D. Wash. 2001)

Parker v. BankAmerica Corp.

Defended BankAmerica against severance-pay claims brought by putative class of employees who previously worked for acquired bank and continued to work in essentially the same jobs post-acquisition. Obtained summary judgment for defendant and successfully defended it on appeal. 50 F.3d 757 (9th Cir. 1995)

Watkins v. Westinghouse Co.

Defended federal DOE contractor in a series of cases and appeals involving miscommunications regarding pension benefits and/or errors in calculation of early-retirement adjustments. In Watkins, appellate court directed entry of judgment for defendants. 12 F.3d 1517 (9th Cir. 1993)

Thurman Industries v. Pay 'N Pak Stores, Inc.

Defended chain of 100-plus home centers in antitrust action brought by competitor alleging predatory pricing, pressuring suppliers not to deal, or to do so only on favorable terms, and violations of the Robinson-Patman Act. Obtained summary judgment for defendants on most causes of action and successfully defended on appeal, largely on the basis of lack of evidence to support plaintiff's claimed product cluster market definition. 875 F.2d 1369 (9th Cir. 1989)

Additional Qualifications

Law Clerk, Hon. Henry J. Friendly, U.S. Court of Appeals for the 2nd Circuit, 1969-70
Law Clerk, Hon. Justice John M. Harlan, U.S. Supreme Court, 1969-70
Staff Attorney, Office of the General Counsel, Department of the Air Force, 1971-72
Trial Attorney, Office for Drug Abuse Law Enforcement, U.S. Department of Justice, 1972-73
Assistant U.S. Attorney (investigation and trial of white-collar crime and narcotics conspiracies), Seattle, 1973-76

Professional & Community Activities

Adjunct Professor, Seattle University School of Law, 2010-present
Visiting Lecturer, Center for International Legal Studies, 2009-present
Fellow, American College of Trial Lawyers, inducted in 1992
Advisor to Restatement of Employment Law; Members’ Consultative Committee for Restatement of Torts: Liability for Economic Loss; Members’ Consultative Committee for Restatement (Third) of Agency – American Law Institute
Past Member, Executive Council, Section on Antitrust, Consumer Protection and Unfair Business Practices, Washington State Bar Association
Section on Antitrust, Consumer Protection and Unfair Business Practices, Washington State Bar Association
Pro Bono and Legal Aid Committee, Washington State Bar Association
Trial Practice Instructor, University of Washington Law School, 1979-80
Instructor, National Institute of Trial Advocacy, on numerous occasions

Professional Recognition

Named one of "America’s Leading Lawyers for Business" in Litigation: General Commercial (Washington) by Chambers USA, 2005-2007, 2009
Named one of the "Best Lawyers in America" in Business Litigation by Best Lawyers, 1999-2009; named in Commercial Litigation, 2008, 2010-present; named in Bet-the-Company Litigation, 2010-present
Selected to "Washington Super Lawyers," Thomson Reuters, 2000-2012