Browning v. Oregon Liquor Control Commission
Circuit Court has enjoined the Oregon Liquor Control Commission from interfering with the warehousing and distribution practices of a large grocery chain. (Ongoing)
Congressional/state lobbying for telecommunications and cable clients
Routinely interact with Congress and state legislatures on behalf of clients, providing advice on pending legislation and soliciting Congressional or local legislative support for individual businesses. (Ongoing)
Employment class action for local government entity
Defending a class action case filed against a local government entity by employees of a contractor seeking retirement benefits. 06-2-04611-6 (Pierce Cnty. (Wash.) Super. Ct. Ongoing)
Environmental regulations compliance for international plant systems manufacturer
Provide counsel regarding multi-state environmental regulations compliance, including seed and fertilizer registration and labeling. (Ongoing)
National wireless carrier
Representation of a national wireless carrier before various local governments on matters relating to local regulation of wireless facility siting. (Ongoing)
National wireless carrier
Representation of a national wireless carrier in wireless siting litigation in various federal courts, challenging denial of client's wireless siting applications under Section 332(c)(7) of the federal Communications Act. (Ongoing)
Procurement for cable operators and equipment manufacturers
Advise clients on state and federal procurement requirements. (Ongoing)
Real estate development for major regional transit authority
Development and permitting of regional transit centers and light-rail facilities in three-county Puget Sound (Wash.) metropolitan area, including successful defense in litigation challenging such development. (Ongoing)
Rose Group Park Avenue Corp. v. State Liquor Authority of New York
Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. Injunction issued; the SLA appeal to the Appellate Division, 1st Department, is pending. (Ongoing)
UNUS v. Katz, et al.
Defended an author in related constitutional tort claims arising out of an FBI search of her home. Case has been dismissed; attorney's fees have been awarded to defendant. Appeal pending. (Ongoing)
Van Natta v. Oregon Government Ethics Commission and State of Oregon
Constitutional challenge to state lobby restrictions. (Ongoing)
Litigation for Fortune 500 company re performance enhancing drug use by international cycling champion
Representation of Fortune 500 company in federal grand jury investigation connected to allegations of performance enhancing drug use by international cycling champion. (2010-2012)
Navlet v. Port of Seattle
Defended the Port of Seattle in a retiree medical benefits class action relating to the termination of retiree medical benefits. Won summary judgment on behalf of the Port of Seattle. The Washington State Court of Appeals, acting without a motion by either party, certified the case directly to the Washington State Supreme Court without deciding the issue. The Supreme Court in a 5-4 decision reversed and remanded to the Superior Court. Following remand, the case was settled by the Port of Seattle. (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)
The Washington State Redistricting Commission
Represented the Republican commissioners responsible for proposing new legislative and congressional districts in the state of Washington. (2011)
City of Eugene v. Cable service provider
Defended client against an attempt by the City of Eugene, Ore., to impose $14 million in taxes on revenues from cable modem services when such taxes are barred by the Internet Tax Freedom Act. Prevailed at bench trial.
Stop the Food & Beverage Tax Hikes Committee
Represented initiative campaign in defending ballot title. (2010)
Dianet Communications v. City of New York et al.
Successfully defended case challenging the City of New York's grant of a franchise to our client, NextG Networks. (2009)
Sprint Telephony PCS v. San Diego County
Filed amicus curiae brief on behalf of NextG Networks and The DAS Forum in support of petition for certiorari to the U.S. Supreme Court and during 9th Circuit rehearing en banc, addressing the application of Section 253 of the Communications Act to county wireless zoning requirements. (2009) Read more
Wireless zoning for national wireless carrier
Lead counsel for a national wireless carrier in precedent-setting wireless siting litigation before the 9th Circuit and District Court. Successfully obtained District Court order finding city’s denial of the client's wireless siting application violated Section 332(c)(7) of the federal Communications Act, and obtained order of 9th Circuit affirming District Court. (2008-2009) Read more
Annexation and purchase for Intuit Inc. and Guardian Industries
Represented Intuit Inc. and Guardian Industries in obtaining Major Industrial Development designation under Comprehensive Plan, along with annexation and land purchase for new industrial sites in Grant County, Wash. (2008)
Battelle Memorial Institute v. U.S. Dept. of Energy
Represented national nuclear laboratory in environmental cost-recovery action against U.S. Dept. of Energy related to contaminated former AEC site. (2008)
Fishermen Against Irresponsible Reallocation, Inc. v. Fish and Wildlife Commission
Represented commercial fishermen in challenge to Oregon administrative rules. (2008)
Litigation for national laboratory
Represented national nuclear laboratory in environmental cost-recovery action against U.S. Dept. of Energy related to contaminated former AEC site. Battelle Memorial Institute v. U.S. Dept. of Energy (2008)
Madni v. Gates et al.
Represented individual detained by U.S. Government at Guantanamo Bay, Cuba from 2004 to 2008. Our client was returned to Pakistan in September 2008. (D.C. Cir. 2008)
South San Joaquin Irrigation District v. San Joaquin Local Agency Formation Commission
Important published decision concerning whether LAFCO approval is required for an irrigation district to provide retail electric service within its district boundaries. 162 Cal. App 4th 146 (2008) 162 Cal. App 4th 159 (2008)
Valeant Pharmaceuticals v. Hallock, et al.
Assisted pharmaceutical company in first ever recovery from State of Oregon for work performed under unilateral order. Client recovered $1.5 million from Oregon Hazardous Substances Fund. 06C11571 (2008)
Washington State Department of Labor & Industries v. Tyson Foods, Inc.
Successfully represented a large food company in an appeal of a WISHA safety and health citation alleging failure to provide employees with appropriate personal protective equipment. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the bulk of the citation against the company, and the courts upheld the board's ruling on appeal. 143 Wash. App. 576, 178 P.3 1070 (Wash. App. 2008)
ACLU vs. National Security Agency
Represented the ACLU in a challenge to the president's authority to engage in warrantless wiretapping of U.S. citizens, including an appeal of a summary judgment ruling, first to the 6th Circuit and then to the U.S. Supreme Court. 493 F.3d 644 (6th Cir. 2007), cert. denied, 128 S. Ct. 1334 (2008) (U.S. 2007)
Employment dispute for hospital
Successfully represented hospital in an appeal of a WISHA safety and health citation alleging failure to protect employees from the risk of workplace violence. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the citation against the hospital. Docket No. W05 0231 (Bd. of Indus. Ins. App. 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
Litigation for Avista
Counsel for hydroelectric licensee in Avista v. U.S. Bureau of Indian Affairs (trial before a Department of the Interior Administrative Law Judge under Section 241 of the Energy Policy Act of 2005, holding that many factual assertions by Interior in hydroelectric relicensing proceeding were unfounded). (Dept. of the Interior Admin. Law Judge 2007)
South San Joaquin Irrigation District v. Meridian Pacific, Inc.
Action against political consulting firm for unauthorized entry into governmental agency's computer network. (San Joaquin Cnty. (Cal.) Super. Ct. 2007)
State of Washington v. WEA
Prepared amicus briefs for Evergreen Freedom Foundation and 12 other policy organizations in support of petition for certiorari and on the merits in a case involving a constitutional challenge to a state law requiring consent before a union may use agency fees for political purposes. 127 S. Ct. 2372 (U.S. 2007)
Laird v. BLM
Livestock trespass claim by BLM resolved as inadvertent trespass. (2006) Read more
Textainer Limited v. Bank of America NA
Successfully intervened in pending action on behalf of Chinese (Shanghai) bank and recovered more than $1 million on international letter of credit involving international shipment of goods. (S.F. Cnty. (Cal.) Super. Ct. 2006)
VIVA! International Voice for Animals v. adidas Promotional Retail Operations Inc.
Case involving the constitutionality on federal preemption grounds of California statute purporting to make illegal the sale of shoes made of kangaroo leather, despite provision of Endangered Species Act allowing importation of such materials. Case went to the State Supreme Court. Plaintiff's case was dismissed. 41 Cal. 4th 929 (Cal. 2006)
Complex civil and criminal litigation for major oil company
Represented major oil company in resolving significant civil penalties and other environmental and natural resources claims arising from the 1999 Olympic pipeline rupture in Bellingham, Wash. (2005) Read more
Dumas v. United States of America
Successfully represented property owner in federal quiet title action to defeat U.S. government's challenge to title. 04-CV-489-KI (D. Or. 2005)
Locke v. Reed; Grange v. Locke
Defended Washington's Secretary of State as Special Assistant Attorney General in Supreme Court mandamus actions filed by the Governor seeking to keep a referendum off the ballot. Locke v. Reed, No. 75392-0 (2004), Grange v. Locke, et al., 153 Wn.2d 475 (U.S. 2005).
Perrin, et al. v. Kitzhaber, et al.
Represented plaintiffs in Congressional redistricting litigation. 191 Or. App. 439, 83 P.3d 368 (2005)
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)
Construction representation for plant design-build contractor*
Represented contractor during construction of cold-processing plant in Alaska; prepared custom public design-build agreement in compliance with state and federal procurement regulations. (2004)
Beverly Brown v. Scott Paper Co. et al.
Defense jury verdict on behalf of five individual manufacturing facility managers accused of state law claims of gender discrimination and sexual harassment. (Snohomish Cnty. (Wash.) Super. Ct. 2003)
Insurance Commissioner for the State of Hawaii (Metcalf)
After collecting $1 million on Letter of Credit issued by West Pac Banking Corporation for benefit of the State of Hawaii Liquidation Office, prosecuted and tried action against former employee of liquidated workers compensation insurance company for breach of fiduciary duty, breach of contract and negligence. (San Mateo Cnty. (Cal.) Super. Ct. 2003)
Oregonians for Sound Economic Policy, Inc. v. State Accident Insurance Fund
A series of claims opening public access to records of the State Accident Insurance Fund (SAIF), holding SAIF in contempt of court and addressing exposure of SAIF to attorney fee award. (2003)
Rust v. Western State Hospital
Represented class of residents in forensic unit of state psychiatric hospital challenging lack of treatment and conditions of confinement, largely because of overcrowding and understaffing. Court issued a preliminary injunction, and case settled thereafter with a consent decree requiring improved treatment and funding, and establishing a monitoring committee. (W.D. Wash. 2003)
BHC Intermountain Hospital v. Thompson
Defended hospital facing Medicare decertification through litigation and negotiation settlement. (2002)
Columbia Triangle Ventures v. City of Richland, Wash.
Represented the City of Richland in a developer's $8 million action against the city for unrecovered expenses incurred in connection with a mixed use real estate development in Richland. Obtained summary judgment in favor of City on developer's claims. (2002)
Collections for state government agency
Collected $1 million on Letter of Credit issued by West Pac Banking Corporation for benefit of the State of Hawaii Liquidation Office. (2001) Read more
Holloway v. King County
Successfully resolved class action lawsuit by female jail guards by working with clients and class counsel to establish new intake protocols for inmates and procedures for corrections officers. 97-2-23951-6SEA (King Cnty. (Wash.) Super. Ct. 2001)
California Board of Accountancy v. KPMG, etc. et al.*
Served as outside trial counsel for the California Board of Accountancy in an administrative disciplinary action against the accounting firm KPMG, its audit partner, and members of its audit staff for professional errors in their audits of Orange County, Calif., and its investment fund immediately prior to the county's filing for bankruptcy. The administrative trial lasted more than 100 days and resulted in professional disciplinary action against the licenses of KPMG and its audit partner, which was upheld on review. The case represents only the second time that a big five audit firm has been disciplined. (Administrative Hearing, California Department of Consumer Affairs 2000)
Lockheed v. State of California
Represented the State of California in an action arising out of a failed $130 million contract to develop a child support enforcement data processing system. Seven-week trial in Sacramento held in late 1999. (Cal. 1999)
Van Natta v. Keisling
9th Circuit and District Court litigation invalidating Oregon constitutional requirement that legislators raise campaign contributions from within their districts. 131 F.3d 1215 (9th Cir. 1998)
Van Natta v. Keisling
Oregon Supreme Court case invalidating Oregon's campaign contribution limits. 324 Or. 514, 931 P.2d 770 (Or. 1997)
Oregon Waste Systems, et al. v. Department of Environmental Quality
A suite of cases, on behalf of Tidewater Barge Lines and Finley Buttes Landfill Co., holding Oregon's out-of-state waste fees are in violation of the Federal Commerce Clause. 511 U.S. 93, 114 S. Ct. 1345, 128 L. Ed. 2d 13 (1995)
Gilliam County v. Environmental Quality Commission
Suite of cases holding Oregon's out-of-state waste fees as violation of the Federal Commerce Clause. 316 Or. 99, 849 P.2d 500 (1993)
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)
Drummond v. State of Oregon
Litigation invalidating Tri-Met's (transportation system) proposed tax on petroleum products. (1986)
Audit defense for Washington Employment Security Department
Defended audit by Washington Employment Security Department seeking unpaid taxes for workers classified as independent contractors.
Midwater Trawlers et al. v. Department of Commerce et al.
Represented plaintiffs in action challenging the Department of Commerce’s decision to allocate a portion of the U.S. harvest of Pacific whiting fish to the Makah Indian Tribe. The 9th Circuit affirmed the district court’s grant of summary judgment to defendants/appellees on the basis that the allocation method used in determining the allocation was consistent with the Magnuson-Stevens Fishery Conservation Act and other applicable law regulating Indian treaty rights. 393 F.3d 994 (9th Cir. 2004)
* Denotes experience completed at a prior firm