Related Practices

Admitted to Practice

Alaska, 1998
Washington, 2000
U.S. Court of Appeals 9th Circuit, 1999
U.S. District Court District of Alaska, 2000
U.S. District Court Eastern District of Washington, 2005
U.S. District Court Western District of Washington, 2000

Robert J. Maguire

Partner

Deputy Chair, Litigation Practice

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Seattle

T206.757.8094

F206.757.7094

Rob Maguire represents businesses and individuals in state and federal court litigation involving fiduciary, contractual, and other commercial disputes. His work includes a full range of litigation, such as non-compete agreements, trade secrets, government investigations, class actions, fishing, health care, real property, and disputes in closely held companies. Rob also counsels employers regarding employee confidentiality obligations and duties of loyalty.

Rob serves as general counsel to the Washington State Republican Party and represents clients in election and political disputes, advising both candidates and political committees.

Rob's clients include: Starbucks, Microsoft, JPMorgan Chase Bank, Building Industry Association of Washington, Pacific Fisheries, Peter Pan Seafoods, The Seattle Times and the Washington State Republican Party.

Representative Experience

Complex Commercial Litigation

The Laura Scudders Company, LLC v. Shearer’s Foods Inc.

Defended snack food manufacturer against claims of breach of licensing agreement and unpaid royalties. (Orange Cnty. (Cal.) Super. Ct. 2011)

RE Sources for Sustainable Communities, et al. v. Building Industry Association of Wash.

Successfully defended a trade association against claims in excess of $40 million for alleged breaches of fiduciary duty associated with the administration of a workers' compensation return on industrial insurance program and associated trust. Culminating in a trial after more than three years of litigation in multiple forums, all of petitioners' claims for monetary relief were rejected. No. C07-1519RSM (W.D. Wash. 2008); (Thurston Cnty. (Wash.) Super. Ct. 2011)

Trade association grievance

Successfully defended marine pilots trade association in a grievance and arbitration over the allocation of revenue under the organization’s by-laws. (2010)

Shareholder fiduciary litigation for closely held corporation

Defended closely held corporation and its officers against complex claims by a former shareholder relating to share restriction agreements, stock pledges, and claims of misrepresentation. Successfully resolved at mediation after depositions in four states. (D. Mass. 2009) Read more

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.

The litigation proceeded concurrently with an investigation conducted by the Antitrust Division of the Department of Justice into allegations that the Times had attempted to monopolize the newspaper market in Seattle. The Division closed the investigation and issued a rare closing statement explaining its action. 154 Wn.2d 493, 115 P.3d 262 (Wash. 2005-2007).

In re: Appeal of Aleutian Pribilof Island Community Development Association

Represented Peter Pan Seafoods in a National Marine Fisheries Services administrative proceeding in Alaska arising under the federal crab rationalization program and governing regulations. (2007) Read more

Parents Involved in Community Schools v. Seattle School Dist. No. 1

Successfully represented parents in Equal Protection Clause challenge to a school district’s use of race in its student admissions plan in the Western District of Washington, U.S. Court of Appeals for the 9th Circuit (en banc), Washington State Supreme Court, and U.S. Supreme Court. Parents Involved in Community Schools v. Seattle School District No. 1, 127 S.Ct. 2738 (U.S. 2007)

Antitrust investigation for The Seattle Times Co.

Represented the Seattle Times Co. in a two-year investigation conducted by the Antitrust Division of the Department of Justice into allegations that the Times had attempted to monopolize the newspaper market in Seattle. The Division ultimately determined to close the investigation without filing an action. (2003-2005)

Pacific Food Trade v. Pacific Marine, Ltd.

Successfully defended owner of fish processing vessel against claims arising from sale of vessel and vessel mortgage. Obtained summary judgment and an award of attorneys' fees and costs as sanctions against plaintiff. (King Cnty. (Wash.) Super. Ct. 2005) Read more

Infinity Ward

Represented video game executives against claims of breach of fiduciary duty by former employer. (N.D. Okla. 2003)

Noncompetition Agreements & Trade Secrets

Counseling Fortune 100 Companies

Rob counsels Fortune 100 companies on employment issues such as noncompete contracts for senior executives and protecting employers from potential trade secret violations.

JPMorgan Chase Bank N.A. v. Bach, et al.

Represented JPMorgan Chase against 16 former mortgage loan officers pursuing claims including breach of fiduciary duties, breach of nonsolicitation and nondisclosure agreements, and violations of the Uniform Trade Secrets Act, RICO, and Computer Fraud and Abuse Act. Obtained temporary restraining order preventing solicitation of customers and requiring the return of all confidential information. Settled after obtaining multiple extensions of TRO. (W.D. Wash. 2009)

Starbucks v. Twohig

Represented Starbucks in high-profile litigation against former senior executive for breach of noncompete agreement. Twohig, who had reported directly to the president of Starbucks U.S., accepted a senior executive position with Dunkin' Donuts. After expedited discovery and entry of an order limiting Twohig's activities with Dunkin', the case was successfully resolved at mediation. Twohig paid $500,000 to Starbucks and agreed to continue post-employment restrictions protecting Starbucks' confidential information and trade secrets. (W.D. Wash. 2009)

Fatigue Technologies, Inc. v. Horvath

Successfully defended Mark Horvath, a former Fatigue Technologies, Inc. employee, against claims associated with a noncompetition agreement. Defeated motion for preliminary injunction and achieved dismissal of all claims. (King Cnty. (Wash.) Super. Ct. 2009) Read more

JCA Corporation v. Detty

Obtained restraining order and injunction enforcing noncompetition agreement against former division manager attempting to work for competitor in Florida. 07-2-11180-8 (King Cnty. (Wash.) Super. Ct. 2007)

OneWorld Challenge LLC v. Reeves

Represented OneWorld (U.S. America's Cup team) in a breach of confidentiality case and in America's Cup rules issues related to the theft of yacht designs by an employee. Proceedings occurred before a U.S. federal court and the International America's Cup Arbitration Panel in New Zealand. (2003)

Political Counseling and Litigation

Campaign Finance Counseling

Counsels political committees and candidates regarding state and federal campaign finance issues.

The Washington State Redistricting Commission

Represented the Republican commissioners responsible for proposing new legislative and congressional districts in the state of Washington. (2011)

Stop the Food & Beverage Tax Hikes Committee

Represented initiative campaign in defending ballot title. (2010)

Robert Utter, Faith Ireland v. Building Industry Association of Wash.

Obtained summary judgment for association in campaign finance litigation filed by former state Supreme Court justices. (King Cnty. (Wash.) Super. Ct. 2011)

Washington State Republican Party v. King County

Represented the Washington State Republican Party and gubernatorial candidate Dino Rossi in the 2004 Washington state gubernatorial election recount and contest litigation (five cases in seven months, including two state Supreme Court cases and an election contest trial). McDonald v. Secretary of State, 153 Wn.2d 201 (2004); Washington State Republican Party v. King County, 153 Wn. 2d 220 (2004); Borders v. King County, et al., Chelan County No. 05-2-00027-3 (2005)

Additional Qualifications

Law Clerk, Hon. Andrew J. Kleinfeld, U.S. Court of Appeals for the 9th Circuit, 1998-1999

Professional & Community Activities

Member, 2006-present; Director and Co-treasurer, 2011 – Northwest Children’s Fund
Executive Board Member, Puget Sound Lawyers Chapter of the Federalist Society, 2000-present
Lex Mundi Institute Alumnus, 2005
Republican National Lawyers Association
Captain, Seattle Breakers Hockey Club, 2001-present

Professional Recognition

Selected to "Rising Stars" list by Thomson Reuters, 2006-2008, 2010-2011

Education

J.D., University of Michigan Law School, 1998
- Contributing Editor, Journal of Law Reform
- Member, Child Advocacy Law Clinic
A.B., Politics, Princeton University, 1994, with honors
- Certificate in Political Economy


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