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Tom Wyrwich

Tom Wyrwich represents clients in complex litigation and appeals, with an emphasis on intellectual property, media litigation, government investigations, and administrative law. Tom represents clients from a broad range of industries, including internet services, emerging technologies, fisheries, and financial services.

Tom has worked as a law clerk for an appellate judge in the 9th Circuit Court of Appeals, and also for a trial judge in King County Superior Court. Prior to attending law school, Tom was a reporter for several newspapers, including The Seattle Times.

Representative Experience

Hard 2 Find Accessories, Inc. v. Amazon

Representing Amazon in antitrust suit concerning takedown of counterfeit Apple products. Obtained dismissal of all claims with prejudice. Defending plaintiff’s appeal to the 9th Circuit. 58 F. Supp. 3d 1166, 1172 (W.D. Wash. 2014; Ongoing)

Carrington et al. v. City of Tacoma

Represented operator of a FERC-licensed hydroelectric project in action brought by landowners alleging state-law claims for property damage. Obtained dismissal of all claims with prejudice. (W.D. Wash. 2016)

Montoya v. Bank of America Home Loans

Represented a financial services company on appeal in an action alleging violations of state tort, consumer protection, and mortgage laws. Obtained dismissal of all claims with prejudice. Court of Appeals affirmed. (Wash. Ct. App. 2016)

Sandler v. iStockPhoto LP

Secured dismissal on forum non conveniens grounds of putative class action challenging iStock’s policy of expiring credits used to purchase licenses for photographic images. Dismissal based on plaintiffs’ acceptance of online agreements requiring litigation in Alberta, Canada. (C.D. Cal., 2016)

Vrdolyak v. Avvo Inc.

Secured dismissal of putative class action alleging lawyer-rating website violated plaintiff attorney’s right of publicity by publishing a profile page without his authorization, on which ads for competitors and website’s services could appear. Court held First Amendment fully protected profiles as non-commercial speech. (N.D. Ill. 2016)

Microsoft v. Customer Focus Services

Represented a software provider in a trademark and consumer protection action alleging technical support providers infringed the company’s trademarks to confuse customers about the legitimacy of the services provided. Matter resulted in settlement and permanent injunction against defendants. (C.D. Cal. 2015)

Pacific Dawn, LLC v. Pritzker

Represented a harvester and processor in appeal of a National Oceanic and Atmospheric Administration rule establishing allocations of Individual Fishing Quotas in Pacific whiting fishery. (9th Cir. 2015)

Shepard v. Getty Images (US), Inc. et al.

Represented the world's leading provider of stock photography in lawsuit brought by courtroom sketch artists alleging infringement of the copyrights in their sketches and violation of the Digital Millennium Copyright Act. Case settled on favorable terms following filing of motion to dismiss. (S.D.N.Y. 2015)

Frias v. Asset Foreclosure Services

Represented financial services company in Washington Supreme Court against allegations of violations of the Washington Deeds of Trust Act and the Washington Consumer Protection Act in connection with issues related to foreclosure procedures and specifically foreclosure sales. (Wash. 2014)

Mitchell v. MERS

Represented MERS on appeal in an action alleging violations of Montana foreclosure and property laws. After briefing completed, plaintiff-appellant dismissed the appeal. (9th Cir. 2014)

Additional Qualifications

  • Law Clerk, Hon. Richard C. Tallman, U.S. Court of Appeals, 9th Circuit, Seattle, 2012-2013
  • Summer Associate, Davis Wright Tremaine, Seattle, 2011
  • Advocate, Tribal Court Public Defense Clinic, Seattle, 2010-2011
  • Extern, Hon. Michael J. Fox, King County Superior Court, Seattle, 2010
  • Staff Reporter, The Seattle Times, Seattle, 2007-2009

Professional & Community Activities

  • Board Member, Seattle Works
  • Mentor, University of Washington School of Law

Professional Recognition

  • Selected to "Washington Rising Stars," Thomson Reuters, 2017