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Litigation

Consulting counsel for food product company

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

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)

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)

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)

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)

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)

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)

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)

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.) 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)

Trial counsel for national restaurant company

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

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)

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)

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)

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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