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Lauren B. Rainwater
Partner
Chair, Attorney Evaluation Committee
I bring a wide range of experience to help businesses navigate and resolve complex problems.
Lauren Rainwater focuses her practice on complex civil litigation, with an emphasis on consumer class action defense, intellectual property litigation, and complex business disputes. Lauren regularly defends clients in privacy class actions that involve novel privacy and technology issues. Lauren's intellectual property litigation practice focuses on trademark, trade dress, copyright, unfair competition, and false advertising litigation.
Practice Highlights
Consumer class actions
Defends large companies in a variety of consumer class actions, including class actions for false advertising and deceptive business practices, violations of the Telephone Consumer Protection Act, and violations of the Fair Credit Reporting Act.
Brand protection litigation
Overseeing brand protection and anti-counterfeiting litigation on behalf of a major online retailer.
Business disputes and counseling
Represents defendants and plaintiffs in business disputes, including disputes involving intellectual property rights. Also advises companies on avoiding contractual ambiguity, protecting rights prior to litigation, and complying with federal and local laws impacting the technology sector.
Selected Class Actions
Nationwide TCPA class actions against a pharmaceutical provider
Defending pharmaceutical provider in two nationwide putative class actions alleging provider placed automated calls or text messages to phones without consent in violation of the TCPA. (W.D. Wash., W.D. Ky. Ongoing)
Nationwide TCPA class action against global thrift retailer
Defending global thrift retailer in a nationwide putative class action alleging retailer placed automated calls to cellphones without consent in violation of the TCPA. Settled favorably (C.D. Cal. 2019-2021)
Washington Commercial Electronic Mail Act class action for financial services company
Defending financial services company in a class action alleging company assisted in the transmission of commercial text messages without consent in violation of Washington’s Commercial Electronic Mail Act. (E.D. WA. Ongoing)
Washington Commercial Electronic Mail Act class action for restaurant chain
Defended restaurant chain in a class action alleging chain assisted in the transmission of commercial text messages without consent in violation of Washington's Commercial Electronic Mail Act. Obtained voluntary dismissal. (Spokane Cnty. Sup. Ct. 2019-2021)
Rosario v. Starbucks
Defending leading global coffee company in putative class action alleging a violation of the Fair Credit Reporting Act stemming from pre-hire background screening. (N.D. Ga. Ongoing)
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Trademark and Intellectual Property Litigation
Anti-counterfeiting litigation
Managing anti-counterfeiting and trademark enforcement litigation for one of the world's largest retailers. (W.D. Wash. Ongoing)
Microban Systems, Inc. v. Skagit Northwest Holdings, Inc.
Represented subsidiaries of Microban International Inc. in suit against licensee for breach of license agreement for MICROBAN trademark and trademark infringement for use outside scope of license. Successfully settled after cross-motions for summary judgment. (W.D. Wash. 2015-2016)
Bern Unlimited v. Smith Sport Optics*
Defended Smith Sports Optics in trade dress case involving snow/bike helmets. Successfully obtained summary judgment dismissal of the claims. (D. Mass. 2014-2015)
Trader Joe's v. Michael Hallatt (dba Pirate Joe's)*
Defended Canadian business owner against trademark infringement and dilution claims and state consumer protection act claims. (W.D. Wash. 2013-2015)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Complex Civil Litigation
Commercial arbitrations
Managing arbitrations arising from disputes with vendors and sellers for one of the world's largest retailers. (American Arbitration Association; Ongoing)
Civil litigation
Managing civil litigation across Washington, Alaska, and Oregon for one of the country's largest moving and storage rental companies (Ongoing)
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Admitted to Practice
- New York
- Washington
- U.S. District Court, Western District of Washington
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Northern District of Illinois
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Supreme Court
Education
- J.D., Cornell Law School
- Vice Chancellor for Internal Competitions, Cornell Moot Court Executive Board
- Vice President, Cornell Law Student Association
- Vice President, Women’s Law Coalition
- B.A., Political Science, University of Kansas, with distinction
- Phi Beta Kappa
Memberships & Affiliations
- Federal Bar Association
- King County Bar Association
- Washington Women Lawyers
- Washington Defense Trial Lawyers
- Programming Committee Member, Annual Regional Conference, 2017 – National Association of Women Lawyers
Professional Recognition
- Named as one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2024-present
- Selected to "Washington Rising Stars," Thomson Reuters, 2014-2021
Background
- Associate, Dorsey & Whitney
- Volunteer Clerk, Hon. John C. Coughenour, U.S. District Court, Western District of Washington, Seattle, 2010-2011
- Summer Associate, Weil, Gotshal & Manges, New York, N.Y.
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Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More Neon ones and zeroes on dark background
01.09.20
Insights
Privacy and Data Security
New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making Read More Neon pink circuit board
01.07.20
Insights
Ethics and Public Policy
New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making Read More Abstract lens close up
01.07.20
Insights
Artificial Intelligence
New Federal Privacy Bill Would Require Audits of Algorithmic Decision-Making Read More Publications
05.23.19
Publications
Class Action Defense
"A Circuit Split Arises over the Admissibility of Evidence on Class Certification," American Bar Association Read More External Link
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