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Litigation

Baraya v. Robert Mazur, et al.

Defending author and publishing companies against a suit brought by Francisco Javier Ospina Baraya, alleging claims for defamation, violation of the Lanham Act, and misappropriation based on the publication of the novel, "The Infiltrator," subsequently produced into a major motion picture. (Fla. Cir. Ongoing)

Business divorce derivative litigation

Defending, as lead counsel, directors/officers in numerous related actions concerning real estate holding entities in defense of direct and derivative actions alleging breach of fiduciary duty, breach of contract, and other causes of action. (Ongoing)

Consulting counsel for food product company

Consulting counsel for national Salmonella Virchow outbreak for food product company. (Ongoing)

Defective construction at storage facility

Representing a storage facility in a construction defect lawsuit in southern Oregon against multiple parties. (Ongoing)

Defense of lenders in wrongful foreclosure actions

Ongoing defense of JPMorgan Chase and Flagstar Bank in claims arising from foreclosure actions on delinquent mortgages. (Ongoing)

Financial services litigation

Defending prominent National Banking Association in multiple mortgage litigation related matters involving HOBR, TILA, RESPA, quiet title, wrongful foreclosure, and the like. Successfully moved to dismiss over 30 cases since late 2015.

Funds solicitation cases

Representing retailers in actions to stop solicitation activity at dozens of grocery and retail stores. Succeeded in dozens of TROs and preliminary injunction; multiple summary judgment motions; bench trials; and appeals. (Ongoing

King County v. Travelers, et al

Representing Travelers in environmental coverage case involving the Lower Duwamish Waterway. Court appointed defendants’ liaison counsel. (W.D. Wash. Ongoing)

Litigation counsel for frozen berry importer

National counsel for distributor involved in outbreak litigation in Mid-Atlantic states. (Ongoing)

National trial counsel for restaurant chain

Trial counsel for restaurant chain involved in E. coli outbreak litigation in Nebraska and Kansas. (Ongoing)

National trial counsel in caramel apple litigation

National counsel for caramel apple distributor involved in outbreak litigation in New Mexico and California. (Ongoing)

Orca Bay Seafoods, Inc. v. Alaska Sea Pack, Inc.

Participated in settlement of claims with plaintiff and third-party defendant in a case involving claims made under the Uniform Commercial Code and breach of contract issues. (King Cnty. (Wash.) Super. Ct. Ongoing)

Petitioning litigation and counseling

Prosecuting multiple actions against political petitioning groups for trespass on grocery store properties. Obtained preliminary injunctions; handling various appeals. (Ongoing)

Property protection litigation and counseling

Serving as outside property protection counsel for large grocery chains in workplace violence, restraining orders, and other actions to keep grocery premises clear of problematic patrons, homeless, and other individuals. (Ongoing)

Representing banks and servicers in foreclosure related litigation

Defending national banks in numerous lawsuits and appeals relating to foreclosures and lender liability claims. (Ongoing)

Shareholder dispute litigation among closely held companies

Defending directors/officers in several related actions concerning real estate holding entities in defense of direct and derivative actions alleging breach of fiduciary duty, breach of contract, and other causes of action. (Ongoing)

Soto v. Microsoft Corp.

Defending online services provider in lawsuit brought by two employees alleging provider’s efforts to create unique wellness programs and technologies designed to assist employees whose jobs involved content review did not meet the standard of care. (King Cnty. (Wash.) Super. Ct. Ongoing)

Townhomes construction litigation

Representing multiple parties in lawsuit alleging defective construction at townhomes project. (Ongoing)

Wireless siting deployment litigation

Representing wireless carriers and wireless infrastructure builders in numerous cases across the country at the district court and appellate court levels asserting rights under the Federal Communications Act. (Ongoing)

Darrelyn Reed et al v. Nationstar Mortgage Holdings, JPMorgan Chase, and Quality Loan Service Corp. of WA

Represented JPMorgan Chase in case where borrower alleged misconduct in connection with a Foreclosure Fairness Act mediation. Obtained voluntary dismissal of claims against Chase. (2017) Read more

GAO Bid Protests - Department of Agriculture

Represented multiple forestry industry clients in protests of U.S. Forest Service firefighting contract awards, resulting in agency corrective action. (2016-2017)

Zipkin v. Kaiser Foundation Health Plan, Southern California Permanente Medical Group et al.

Lead trial counsel in a case brought by a longtime physician partner of SCPMG with 13 causes of action alleging, among other accusations, unlawful retaliation, violation of public policy, violations of the Cal. Health & Safety and Business & Professions Codes, defamation, and emotional distress. After a three week arbitration, the judge returned a complete defense verdict for all defendants and claims. (2017)

Accounting fraud investigation

Represented public company and its executives under investigation by the U.S. Securities and Exchange Commission for alleged accounting fraud and whistleblower retaliation. Achieved favorable corporate settlement. (2016)

AviSight v. Arrowdata LLC*

Assisted in obtaining a favorable settlement in a joint intellectual property and employment claim in a drone company dispute. (D. Alaska 2016)

Barker v. JPMorgan Chase Bank

Obtained dismissal with prejudice of Fair Debt Collection Practices Act, Truth in Lending, Real Estate Settlement Procedures Act, and other claims. 2016 WL 3647329 (D. Or. 2016)

Blue Cross and Blue Shield Association v. Zoom Management, Inc.

Defended Zoom Care clinics against trademark infringement claims of Blue Cross and Blue Shield Association. Successfully settled after exchange of survey experts’ reports. (W.D. Wash. 2015-2016)

Civil rights action on behalf of incompetent criminal defendants*

Pro bono representation of California taxpayers in an action against state agencies accused of causing unconstitutional delays in the admission for mental health treatment of criminal defendants found incompetent to stand trial. (2016)

Complex civil defense of automobile manufacturer*

Represented an international automobile manufacturer in state and federal complex civil proceedings. (2016)

Criminal investigation defense for financial institution*

Representation of financial institution in criminal antitrust and fraud investigations concerning foreign exchange trading. (2016)

Fraud and compliance matters for lenders and mortgage servicers*

Handled numerous cases involving fraud and compliance with federal and state regulations, including financial lending regulations and suggesting ways for client to revise policies and letters to satisfy regulations. (2008-2016)

Heilala v. Industrial Roofing

Settled a claim for our client involving unfair trade practice allegations and deficient construction claim by home owner against contractor. (Alaska Super. 2016)

HTI Polymer, Inc. v. Consurco, et al.

Represented client in a dispute with its former employees and a competitor on claims of misappropriation of trade secrets and the theft of confidential information. The case settled favorably on the eve of trial. (Clackamas Cnty. (Or.) Cir. Ct. 2016)

In re Quantum Fuel Systems Technologies Worldwide, Inc.

Represented the successful acquirer of certain assets of Quantum, which produced alternative fuel systems for commercial and industrial use. (2016)

Insurance fraud investigation

Represented an executive under investigation by the U.S. Department of Justice for criminal government contracting and insurance fraud; no individual criminal or civil charges brought. (E.D. Va. 2016)

Litigation

Part of a team that prepared and submitted amicus brief to the 4th Circuit regarding the application of safe harbors created by the Digital Millennium Copyright Act and the imposition of contributory liability in the context of internet service providers. (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)

Olympic Cascade Services bid protest

Participated in representing client in a bid protest matter against the Washington Department of Transportation. (Thurston Cnty. (Wash.) Super. Ct. 2016)

People of the State of California v. CPH Hospital Management, LLC, et al

Represented an orthopedic surgeon in Texas who used screws in surgical procedures that were later claimed to have been counterfeited by a supplier. Obtained a dismissal of the surgeon from the litigation. (2016)

Rosenkranz v. U-Haul Co. of Washington

Defended U-Haul Co. of Washington against claim that U-Haul negligently maintained certain equipment, which caused an injury to the plaintiff. Second chaired the trial and obtained a complete defense judgment at trial. (Clark Cnty. (Wash.) Super. Ct. 2013-2016)

Unger v. Rosenblum

Represented chief petitioners in successful challenge to ballot title for initiative that established high school graduation and college and career readiness fund. (2016)

Cato Sales & Trading v. Cosmo Specialty Fibers, Inc.

Represented an entrepreneur in contract dispute against a private equity group in multiple related suits. (W.D. Wash. 2015)

Fairpoint v. Charter

Represented cable broadband provider in network access and pole attachment dispute and adjudicatory proceeding involving issues of fair compensation, regulatory classification, and limitations on jurisdiction. (2015)

Fraud investigation

Represented a public figure under investigation for criminal fraud by the U.S. Department of Justice. (W.D. Wash. 2015)

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)

MRI Limited Partnership et al. v. Saint Alphonsus Regional Medical Center

Prevailed at summary judgment in limited partnership dispute concerning distribution of limite funds (Idaho Dist. 2015)

Nationwide TCPA putative class action for medical services company

Represented medical services company in putative nationwide class action alleging company placed calls to cell phones in violation of the TCPA. Obtained voluntary dismissal. (N.D. Ill. 2015)

OM Clackamas, LLC, et al. v. Patel, et al.

Represented member of limited liability company in two-week trial involving claims of breach of contract and breach of fiduciary duty. (Clackamas Cnty. (Or.) Cir. Ct. 2015)

Piekoff v. Paramount Pictures Corporation*

Obtained dismissal with prejudice of putative consumer class action alleging violations of the FCRA regarding propriety of credit report disclosures. (2015)

Positive Workforce Coalition, Inc.

Successful defense of board of not-for-profit organization for minority construction workers against suit by former president. Defeated applications for preliminary and permanent injunctions and obtained favorable dismissal of suit. (2015)

SBI Holdings Inc. et al. v. Acucela Inc.

Successfully represented ousted company founder and CEO, as well as largest shareholders, in lawsuit demanding that the company hold a special shareholder meeting.  After the court compelled a special shareholder meeting, a new slate of directors was elected and the founder was promptly restored to his position as CEO. (Thurston Cnty. (Wash.) Super. Ct. 2015)

Story v. Suttell, Hammer & White, P.S.

Obtained judgment on the pleadings, dismissing with prejudice Fair Debt Collection Practices Act claims. 2015 WL 7760190 (D. Or. 2015)

Successfully defended mortgage-related claims at trial and on appeal

Drafted and argued successful motion to dismiss mortgage-related claims against two defendants. After plaintiffs appealed, drafted response brief. The 9th Circuit affirmed the dismissal as to our clients, while remanding the case as to our clients’ co-defendants. Sovereign v. Deutsche Bank, 2011 WL 5592392 (D. Or. 2011), aff’d 606 Fed. Appx. 401 (2015)

Trial counsel for national restaurant company

Defended restaurant in food contamination case. Obtained favorable decision and full dismissal of claims. (2015)

"Hawaii Five-O" movie trial*

Successfully obtained favorable settlement mid-trial in dispute over former agent’s failure to make "Hawaii Five-O" movie and to leverage merchandising rights. (2014)

"Hawaii Five-O" movie trial*

Successfully obtained favorable settlement mid-trial in dispute over former agent’s failure to make "Hawaii Five-O" movie and to leverage merchandising rights. (2014)

Civil jury trial in contract dispute*

Representation of major pipeline company in Texas state court jury trial for a multibillion dollar contract and business torts dispute. (2014)

Houston v. Wolpert*

On appeal to the Alaska Supreme Court, successfully defended a child custody determination, including securing a favorable outcome in an issue of first impression on attorney fees issues. (Alaska 2014)

Knecht v. Fidelity National Title Insurance Company, et al.

Represented MERS through bench trial 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. (W.D. 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)

Successfully defended employment discrimination and retaliation claims on appeal

The 9th Circuit affirmed the trial court’s grant of summary judgment in favor of client on former employee’s claims of FMLA/OFLA discrimination and retaliation for engaging in protected activities. Argued the case before the 9th Circuit. Larmanger v. Kaiser Foundation Health Plan of the Northwest, 585 Fed. Appx. 578, 2014 WL 5421585

Kaiser Foundation Hospitals v. Sebelius*

Represented numerous hospitals within a health care system in a challenge to determination of the Centers for Medicare and Medicaid Services concerning the facilities’ respective entitlement to additional Medicare reimbursement for cost incurred in training medical residents. The United States Court of Appeals for the District of Columbia ruled in favor of the hospitals in a published decision. (2013)

Lending matter for banking client*

Drafted brief that led to a favorable, published decision in the 9th Circuit (704 F.3d 661 (9th Cir. 2012)) involving a novel issue regarding lending. (2010-2013)

Franchise unfair competition and fraud cases*

Defended, as lead associate, national shipping company’s class and mass actions for breach of contract and unfair competition challenges to changes in franchise system and brand. Drafted case-ending in limine motions, major portions of successful summary judgment motions, and appeal briefs. (2012)

Developmental Services Network v. Douglas*

Represented an entity that provides services to the developmentally disabled in challenging a significant reduction rates paid to that category of providers for services rendered to beneficiaries of California’s Medi-Cal program. In a ruling partially favorable to the provider, the United States Court of Appeals for the 9th Circuit reaffirmed that the State of California may not implement Medi-Cal payment reductions without first obtaining approval from the federal agency that oversees Medicaid. (2011)

West Virginia PSC v. Shentel Cable

Litigated VoIP classification and related issues before West Virginia Public Service Commission. (2011)

Wrongful foreclosure for banking client*

Obtained dismissal on the pleadings of lender client in a case brought by a borrower where the lender instructed the foreclosure trustee to postpone the sale, but the trustee sold the property to a third party. (2011)

Wrongful foreclosure for mortgage servicer*

Successfully opposed motion for preliminary injunction where the court denied the request, finding that the plaintiff committed perjury, a felony, due to the overwhelming evidence contradicting plaintiff’s declaration under penalty of perjury. (2011)

California Hospital Association v. Maxwell-Jolly*

Represented a state hospital association in an action on behalf of its members to challenge the methodology the State of California used to calculate Medi-Cal reimbursement for distinct part skilled nursing facility services. A California Court of Appeal ruled that the challenged methodology was unlawful and should be recalculated. (2010)

U.S. v. Gerlay*

Served on a defense team that obtained 75 not guilty verdicts for a pain management doctor accused of inappropriately prescribing medication outside of medical practice. (D. Alaska 2010)

Mission Hospital Regional Medical Center v. Shwery*

Represented a coalition of California hospitals in challenging a limitation on the rates paid to facilities for inpatient services rendered to Medi-Cal beneficiaries. A California Court of Appeal ruled in a published decision that the rate limitation was invalid because it was adopted without the State of California following certain procedures mandated by federal Medicaid law. (2008)

Employment matters for cities, counties, and private corporations*

Litigated cases involving disability, racial and sexual harassment, and discrimination under both the California Fair Employment and Housing Act and Title VII. (2000-2003; 2007)

Coleman-Anacleto v. Samsung Electronics America, Inc.*

Successfully obtained favorable settlement after defeating remand and winning motion to dismiss in consumer class action alleging claims under the UCL, CLRA, Song-Beverly Act, and for negligence and strict liability for alleged damages related to Ultra Slim Wall Mount series. (2017)

Defense of airline companies

Defended United Airlines and Alaska Airlines in many single-plaintiff employment cases.

Defense of financial companies

Defended Bank of America, Merrill Lynch, and their various subsidiaries in numerous single-plaintiff employment cases.

Defense of health care companies

Defended Providence Health System, Kaiser Permanente, Sonic Healthcare USA, and other health care companies in numerous single-plaintiff employment cases.

Johnson v. Sun West and Proctor Financial, Inc.

Successfully defended insurance intermediary in putative nationwide class action alleging unfair competition claims regarding lender placed flood insurance. The Court granted Proctor’s motion for summary judgment prior to class certification motion practice, finding the subject insurance rate was the lowest competitive market price available and thus reasonable as a matter of law, and striking plaintiff’s expert declaration in its entirety. (Los Angeles Cnty. (Cal.) Super Ct.)

Major Restaurant Brands Client

Managed large-scale discovery relating to multimillion-dollar breach of fiduciary duty claim.
* Denotes experience completed at a prior firm
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