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Experience List
DWT
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Litigation

In re Quantum Fuel Systems Technologies Worldwide, Inc.

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

National trial counsel in caramel apple litigation

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

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)

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)

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)

Litigation*

Advocated on behalf of the Trustee in liquidation proceedings to recover stolen funds in a major international bankruptcy matter, submitted amicus brief to the Second Circuit on behalf of six public interest nonprofits regarding the Fourth Amendment implications of the government’s use of warrants to copy entire hard drives and retain the collected information indefinitely, and represented client at trial in a patent litigation regarding infringement of a computer patent, among other matters. (2012-2015)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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