Areas of Practice
General litigation and employment law, with extensive experience managing large-scale and high profile litigation including employment, commercial, civil rights, and election cases in trial and appellate courts
Representative Cases and Matters
Defending employers in discrimination, wrongful termination, and wage and hour cases, including class action and multiple-plaintiff cases, e.g., Hardage v. CBS Inc., et al., C-02-01303 JCC (W.D. Wash. 2005) (summary judgment for defendants in sexual harassment case); Moyer v. Renal Care Group, C-02-5625 RBL (W.D. Wa. 2004) (defense verdict after trial of whistle blower claim); Cotter v. Boeing, C-98-1653 RSL (W.D. Wa. 2000) (summary judgment for defendant in age and disability discrimination case); Birmingham v. Franciscan Health Sys., et al., C-97-5480 FDB (W.D. Wa. 1998) (summary judgment on all claims including age and disability discrimination, breach of contract, and other claims)
Representing companies and individuals in litigation over noncompetition and other restrictive covenants, theft of intellectual property, and unfair competition allegations, e.g., Neopost, Inc., v. Pitney Bowes, Inc., King County Cause No. 05-2-29988-6 (2007) (successfully defended industry leader against competitor’s allegations of unfair competition, CPA violations, and tortious interference); Pacific Aerospace & Electronics, Inc., v. Taylor, et al., 295 F. Supp. 2d 1188 & 295 F. Supp. 2d 1205 (E.D. Wa. 2003) (obtained preliminary injunction, summary judgment on breach of confidentiality and nonsolicitation agreements, and contempt sanctions); Plantec v. Swanton et al., Island County Cause No. 03-2-00717-4 (2004) (obtained injunction enjoining performance of service contract by competitor and prohibiting violations of duty of loyalty by former employee)
Special Assistant Attorney General, representing Washington’s Secretary of State in mandamus actions filed in Washington State Supreme Court by the Governor seeking to keep a referendum off the ballot, Locke v. Reed, Cause No. 75392-0 (2004) (claim dismissed as moot at oral argument), and by Washington State Grange to invalidate newly enacted primary statute, Grange v. Locke, et al., 153 Wn.2d 475 (2005)
Representing employers in collective bargaining and in proceedings in front of the NLRB and in related litigation in federal courts, e.g., Banks et al. v. Rite Aid Corp., Cause No., 1:98-CV-115K (D. Utah, 2000) (summary judgment on claims of 34 plaintiffs alleging layoff violated the NLRA and breached employment agreements); Filimonov v. Seattle Symphony, et al., King County Cause No. 99-2-51731-8-SEA (2000) (dismissal of retaliation claim on preemption grounds, appeal dismissed)
U.S. Supreme Court and Other Appellate Advocacy, Parents Involved in Community Schools v. Seattle School Dist. No. 1, 127 S.Ct. 2738 (2007) (successfully represented parents in Equal Protection Clause challenge to a school district’s use of race in its student admissions plan in the W.D. Wash., 9th Cir. (en banc), Washington State Supreme Court, and U.S. Supreme Court; State of Washington v. WEA, 127 S.Ct. 2372 (2007) (prepared amicus briefs in support of cert. petition and on the merits on behalf of Evergreen Freedom Foundation in case involving restrictions on union's use of agency fees for political purposes); Hardage v. CBS Inc., et al., 427 F. 3d. 1177 (9th Cir. 2005) (affirming summary judgment for employer in harassment and retaliation case)
Washington State Election Counsel to Bush-Cheney ’04, Inc., the Washington State Republican Party, and the Rossi for Governor campaign; Lead Trial Counsel in the 2004 gubernatorial election recount and contest litigation, e.g., 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)
Prior Experience
Akin, Gump, Strauss, Hauer & Feld, Washington, D.C. (employment litigation, assisting clients in rulemaking proceedings at U.S. D.O.L., representing clients in agency investigations)
Education
J.D., University of Chicago School of Law, 1993
B.A. in Philosophy, magna cum laude, University of Washington, 1990
Memberships, Activities, and Awards
All federal and state courts in Washington and the District of Columbia; the 4th, 9th, and Federal Circuit Courts of Appeal; and the U.S. Supreme Court
National Executive Board Member, Labor and Employment Law Practice Group of the Federalist Society; Executive Board Member, Puget Sound Lawyers Chapter of the Federalist Society; Recipient of the Society’s Justice Theodore Stiles Award
Selected to "Super Lawyers," Washington Law & Politics, 2004-2008
