`1Dennis M. Tessier | T & A Seattle | Litigation & Trial Consulting | Highly Complex Civil & Criminal Judicial Proceedings - State, Federal & International Jurisdictions

 Dennis M. Tessier | Litigation & Trial Consulting
Dennis Tessier Law

 Highly Complex Civil & Criminal Judicial Proceedings - State, Federal & International Jurisdictions

Four decades of trial practice in State, Federal & International jurisdictions, with a deep & diverse range of experience in the judicial resolution of highly complex civil & criminal matters, for a client base consisting of individuals, law firms, law enforcement agencies, military concerns, government entities & Fortune Global 100 corporations across Five Continents.

Handled thousands of cases, hundreds of court proceedings, mediations, arbitrations, bench trials, jury trials & appellate matters, many of which have resulted in published opinions & cited to in legal reference guides, scientific publications & medical journals.

Primary practice includes civil rights, constitutional, patent-trademark-copyright intellectual property, computer technology, telecommunications, healthcare, pharmacology-pharmaceutical drugs & devices, medicine & medical negligence, engineering, admiralty-maritime, transportation, energy, nuclear, infrastructure, products liability, environmental, toxic torts, real estate-construction, business-commercial disputes, legal errors & omissions, RICO actions, class actions, multi-district litigation, cartels, antitrust, qui tam actions & Grand Jury investigations.  

Extensive experience on War-Room logistics & Courtroom management including Remote & In-Court Trial Technology "Hot Seat" evidence presentations for Voir Dire, Opening Statements, Direct Examinations, Cross Examinations & Closing Arguments.

Specialized practice in Rocket Docket proceedings.

Pro bono case work on domestic violence protection orders, emergency orders, motions to stay proceedings, expedited injunctions, mandamus, habeas corpus, amicus curiae, clemency, immigration amnesty-unaccompanied alien children right to counsel, human rights, international-domestic anti-human trafficking, voting rights, criminal justice reform, equal justice for indigenous people, cyber civil rights & death penalty appeals.

Practice at O'Melveny & Myers (Los Angeles), Haight, Dickson, Brown & Bonesteel (Santa Monica), Stroock & Stroock & Lavan (Century City), Helsell & Fetterman (Seattle), Nintendo of America-General Counsel's Office (Redmond), Tousley Brain (Seattle), Preston, Gates & Ellis NKA K&L Gates (Seattle) & T & A LAW (Seattle).

Secondment at Lederle Laboratories (Pearl River), Nissan Motors USA (Los Angeles), American Cyanamid (New York), Bill & Melinda Gates Foundation (Seattle) & T-Mobile (Bellevue).

Commissioned Remote Online Notary.

Profiled in Who’s Who in American Law.

Graduate of the University of West Los Angeles.

Mr. Tessier lectures at CLE Seminars on Judicial Proceedings.

Contact: den@dennistessier.com +1.206.683.8682

  Legal Education:
  • University of West Los Angeles School of Paralegal StudiesAmerican Bar Association Approved Paralegal Program Certificate with Specialist Certificates in Real Estate and Litigation 1986
  • University of West Los Angeles School of Law | California Attorney Practice Certificate Program with Judge Michael Harwin - Los Angeles County Superior Court 1988
  • United States Centers for Disease Control | Pharmaceutical Epidemiology | Federal Public Practice Certificate Program (Pharmaceutical Drugs & Devices Litigation) 1991
  • National Court Reporters Association | NCRA Trial Evidence Presentation Certificate Program 2008
  • Arizona State Supreme Court | Caselines Digital Evidence Platform Certificate Program 2021
  Achievements:
  • Who's Who in America
  • Who's Who in American Law
  • Who's Who in Finance & Industry
  • Who's Who in the West
  • Who's Who in the World
  • Dictionary of International Biography (United Kingdom)
  • ACLU of Southern California 2017 Humanitarian of the Year Award
  Professional/Civic Activities/Past & Current:
  • American Bar Association
  • American College of Trial Paralegals
  • American Trial Lawyers Association
  • American Society of Trial Consultants
  • American Veterans of Foreign Wars 8093rd
  • Beverly Hills Bar Association
  • Court Appointed Special Advocates
  • Judicial Appointments Commission
  • King County Bar Association, Registered Paralegal, LCR54(f) and LCR79(d)(4)
  • Los Angeles County Bar Association
  • Los Angeles Helping Hands Legal Clinic
  • Los Angeles Free Legal Clinics
  • Pediatric Infectious Diseases Society
  • Real Estate Association of Puget Sound
  • Santa Monica Bar Association
  • Society for Epidemiologic Research
  • Starlight Foundation
  • United States Judge Advocates Association
  • United States Military Fleet Reserves 147th
  • United Way Foundation
  • Washington State Defense Lawyers Association
  • Washington State Trial Lawyers Association
  • Washington State Notary Public - Remote Online Endorsement
  CLE Speaking Topics:
  • 2021-2022 Federal Practice Rule Updates
  • 402A Comment k Restatement of Torts
  • Admissibility & Authenticity
  • Advance Waivers
  • Adverse Reactions
  • Antitrust & Competition
  • Appellate Procedure
  • Arbitrations & Mediations
  • Artificial Intelligence as Evidence
  • Asset Forfeiture (Civil & Criminal)
  • Attorney-Client Privilege and Work Product; Limitations on Waiver, Fed. R. Evid. 502
  • Automotive & Transportation
  • Big Data Mining
  • Blockchain
  • Bulletproof Subpoenas
  • Civil Investigative Demands, 18 U.S.C. § 1968 & RCW 74.66.120
  • Civil Procedure Before Trial (California)
  • Civil Procedure Before Trial (Oregon)
  • Civil Procedure Before Trial (Washington)
  • Civil Procedure Before Trial (Federal)
  • Civil Trials & Evidence
  • Class Actions, Fed. R. Civ. P. 23 & 28 U.S.C. § 114
  • Conspiracy to Restrain Trade, 15 U.S.C. § 1
  • Consumer Litigation
  • Communication Technologies
  • Communications Decency Act, 47 U.S.C. § 230
  • Complex Litigation
  • Computer Fraud and Abuse Act, 18 U.S.C. § 1030
  • Computer Technology
  • Construction Defect & Real Estate
  • Constitutional Law
  • Controlled Substances Act, Title 21 United States Code
  • Controlling Drugs Scheduling, 21 U.S.C. § 811
  • Countermeasures Injury Compensation Program, 42 U.S.C. § 247d–6d
  • Cyber Civil Rights
  • Cyberstalking, 18 U.S.C. § 2261A
  • Databases & Discovery
  • Declaratory Relief, 28 U.S.C. § 2201
  • Deep Dive Data
  • Deep-Fake Technologies
  • Defense Advanced Research Projects Agency
  • Design Defects
  • Digital Millennium Copyright Act, 17 U.S.C. § 512 
  • Drone Technologies
  • Electronic Court Filing ("ECF") (State & Federal)
  • Emergency Use of Medical Products, 21 U.S.C. § 360bbb-3(b)(1)
  • Energy Technologies
  • Engineering Technologies
  • Environmental & Toxic Torts
  • Epidemiology
  • Executive Order No. 12333
  • Executive Order No. 13526 
  • Expert Witnesses-Daubert-FRE702, 703, 704, 705 & 706
  • Failure Analysis
  • Failure to Warn
  • False Claims Act Investigations, 31 U.S.C. §  3733
  • False Narratives
  • False Statements, 18 U.S.C. § 1001(a)(2)
  • Federal Agencies
  • Federal Court Practice & Procedure
  • Federal Court Trials
  • Federal Rules of Evidence
  • Felony Murder Rule
  • Filed Under Seal
  • Foreign Corrupt Practices Act, 15 U.S.C. § 78dd
  • Foreign Intelligence Surveillance Act, 50 U.S.C. § 1861
  • Foreign Intelligence Surveillance Court, 50 U.S.C. §§ 1801-1855
  • Forensic DNA Evidence: Science and the Law
  • Fraud in Service of Concealing a Felony (Misprision of Felony), 18 U.S.C. § 4
  • Freedom of Information Act, 5 U.S.C. § 522
  • Gaslighting
  • Gathering, Transmitting or Losing Defense Information, 18 USC § 793
  • Geofence Warrants
  • Grand Jury Investigations, Fed. R. Crim. P. 6
  • Handling Classified Information, 32 C.F.R. Parts 2001 & 2003
  • Harvard Bluebook & Cite Checking
  • Health & Safety Code § 11352, Sale or Transportation of a Controlled Substance
  • Homeland Security Act, 6 USC § 279(g)
  • Intellectual Property
  • Internet of Things ("IoT") Technology
  • International Justice Court
  • International Criminal Court
  • International Finance
  • International Jurisdictions
  • International Security and Development Cooperation Act, 22 U.S. Code § 2349aa
  • Joint Representation
  • Joint Statement of Evidence
  • Land Use & Zoning
  • Lanham Act, 15 U.S.C. § 1051
  • Learned Intermediary Doctrine
  • Legal Errors & Omissions
  • Licensing
  • Limine Motions
  • Location Pinging
  • Maggot Mass
  • Markman Hearings
  • Mediations
  • Medical Malpractice
  • Military Justice & Judge Advocates
  • Mobile Device Interrogation Software
  • Mock Trials
  • Motion Practice
  • Multi District Litigation
  • National Security Act, Title 50 U.S.C.
  • Near Field Communications ("NFC's")
  • Nuclear Energy & Regulation
  • Pediatric Infectious Disease & Prevention
  • Pharmaceutical Drugs & Devices
  • Pharmacology & Pharmacy
  • Pocket Briefs / Motions
  • Posse Comitatus Act, 18 U.S.C. § 1385
  • Preliminary Injunctions, Fed. R. Civ. P. 65
  • Products Liability
  • Protection Orders
  • Protective Orders
  • Public Disclosure Information Records Requests
  • Public Readiness and Emergency Preparedness Act, 42 U.S.C. § 247d–6d
  • Real Estate
  • Reentry of Removed Aliens, 8 U.S.C. § 1326
  • Remote Judicial Proceedings
  • Rules of Evidence
  • Service of Process, Domestic & International (Hague Convention)
  • Shadow Juries
  • Sherman Act, 15 U.S.C. § 1
  • Silenced No More Act
  • Single Scope Background Investigations ("SSBI")
  • Social Media Websites-Discovery
  • Solve In Depth
  • Special Counsel-Prosecutor, 28 U.S.C. §§ 509, 510, 515 and 28 C.F.R. § 600
  • State Court Practice
  • Stored Communications Act, 18 U.S.C. § 2701
  • Structured Settlements
  • Subpoenas - Bulletproof
  • Qui Tam Actions
  • Telecommunications
  • Temporary Restraining Orders
  • The Online Courtroom: Leveraging Remote Technology in Litigation
  • Timelines
  • Top Secret/Sensitive Compartmented Information ("TS/SCI")
  • Toxic Torts
  • Trial Briefs
  • Trial Evidence Presentation Technology
  • Trials
    • Master Trial Plan
    • Master Trial Checkoff List
    • Bailiffs, Clerks & Judicial Assistants
    • In-Court Technology
    • War-Rooms
    • Courtrooms
    • Security
    • Opening Statements
    • Exhibits
    • Evidence
    • Demonstratives
    • Experts
    • Hot Seat
    • Witnesses
    • Judges
    • Jurys
    • Closing Arguments
  • Two "Hops" and an Approved "Seed"
  • Unavoidably Unsafe Products
  • Uniform Comparative Fault Act
  • Uniform Interstate Depositions & Discovery Act
  • U.S. Arms Export Control Act
  • U.S. Court of Federal Claims Practice
  • U.S. Freedom Act of 2015
  • U.S. Patriot Act § 215
  • U.S. Tax Court Practice
  • Vaccine Information, 42 U.S.C. § 300aa-26
  • Venue, 28 U.S.C. § 1391 
  • Voir Dire
  • War-Rooms
  • Washington Silenced No More Act
  • Website Takedowns
  • Workforce Activity Data Utility
  • World Intellectual Property Organization
  Primary Practice Locations Worldwide:
  • Alberta
  • Albuquerque
  • Anchorage
  • Ann Arbor
  • Austin
  • Baton Rouge
  • Beijing
  • Bellingham
  • Berlin
  • Beverly Hills
  • Big Sur
  • Bogota
  • Boston
  • Brisbane
  • Brussels
  • Calabasas
  • Calgary
  • Century City
  • Charleston
  • Charlotte
  • Chicago
  • Culver City
  • Dallas
  • Daytona
  • Desert Hot Springs
  • Detroit
  • Doha
  • Dresden
  • Dubai
  • Dunsmuir
  • Edmonton
  • Fort Worth
  • Frankfurt
  • Harrisburg
  • Honolulu
  • Hong Kong
  • Houston
  • Huntington Beach 
  • Kaanapali
  • Kansas City
  • Kharkiv
  • Kyiv
  • Kyoto
  • Laguna Beach
  • Lahaina
  • Luxembourg
  • London
  • Las Vegas
  • Los Angeles
  • Malibu
  • Managua
  • Marina Del Rey
  • Mariupol
  • Maui
  • Melbourne
  • Memphis
  • Mena
  • Mexico City 
  • Miami
  • Milan
  • Montreal
  • Moscow
  • Munich
  • Nashville
  • Nevis
  • Newark
  • New York
  • Odesa
  • Orange County
  • Orlando
  • Palm Springs
  • Palo Alto
  • Paris
  • Perth
  • Pittsburgh
  • Portland
  • Raleigh
  • Redondo Beach
  • Research Triangle Park
  • Riverside
  • Saint Kitts
  • San Diego
  • San Francisco
  • San Luis Obispo
  • Santa Barbara
  • Santa Clara
  • Santa Monica
  • São Paulo
  • Seattle
  • Seoul
  • Shanghai
  • Singapore
  • Spokane
  • Sydney
  • Tacoma
  • Taipei
  • Tasmania
  • Tokyo
  • Topanga
  • Toronto
  • Trenton
  • Tucson
  • Quebec
  • Vancouver
  • Ventura
  • Warsaw
  • Washington, D.C.
  • Wilmington
  • Zuma
  Representative Work:
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy regarding the Waste Encapsulation and Storage Facility which houses 1,936 radioactive Cesium and Strontium capsules for transfer from their underwater basin into engineered dry storage casks and then transport for interim storage Class 2 modification to the Hanford Dangerous Waste Permit under WAC173-303-830 (2022).*
  • In Re Camp Lejeune Water Contamination Litigation.  United States District Court, Eastern District of North Carolina (Cause of Action 804 - Nature of Suit 360).  From 1953 to 1987, water at Camp Lejeune contained volatile organic compounds ("VOCs"), including known carcinogens at up to 280 times the standard safety levels.  Four core chemicals and 70 secondary chemicals were identified in the water including: trichloroethylene ("TCE"), tetrachloroethylene ("PCE"), vinyl chloride ("VC"), and benzene.  Exposure to these toxins through drinking, cooking, cleaning and bathing water caused myriad health complications, including a variety of cancer diagnoses, Parkinson’s disease, stillbirths, infertility, miscarriages and more.  President Biden signed into law the Honoring Our PACT Act, which included the Camp Lejeune Justice Act (bill number H.R. 2192). This legislation allows those impacted - including veterans, their families and civilian staff living or working at Camp Lejeune to exercise their constitutional right to legal action against the U.S. government.  The text of the PACT Act may be found here (2022).
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology regarding the State Waste Discharge Permit for the State-Approved Land Disposal Site treated wastewater sourced influent from the Waste Treatment Plant Direct-Feed Low-Activity Waste Facility under RCW90.48 and WAC173-216 (2022).*
  • In Re COVID-19 Testing Kits.  Language adopted for Home COVID-19 (SARS-CoV-2 Spike Protein Detection) Testing Kits for compliance under the Emergency Medical Products Use Authorization 21 U.S.C. § 360bbb-3(b)(1) of the Federal Food, Drug and Cosmetic Act (2022).
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology regarding the Permit Modifications to the Dangerous Waste Portion for the Treatment, Storage, and Disposal Dangerous Waste in the Integrated Disposal Facility located in Part III, Operating Group 11 of the Hanford Dangerous Waste Permit primarily under WAC173-303-830(4)(c) (2002).*
  • In Re Pneumococcal Conjugate Vaccine.  In conjunction with the U.S. Department of Health and Human Services / Centers for Disease Control and Prevention regarding vaccine protection and Pneumococcal disease information statement under 42 U.S.C. § 300aa-26 (2022).
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy, the U.S. Environmental Protection Agency and the Washington State Department of Ecology regarding the Proposed Tri-Party Agreement changes related to Adoptive Milestone Approach for establishing scope and schedule for the Central Plateau cleanup work focusing on Direct Feed Low-Activity Waste (2022).*
  • In Re Recombinant Zoster Vaccine.  In conjunction with the U.S. Department of Health and Human Services / Centers for Disease Control and Prevention regarding vaccine protection and Zoster (Shingles) disease and prevention information statement (2022).
  • In Re Capital One Consumer Data Security Litigation.  United States District Court, Eastern District of Virginia, Alexandria Division MDL No. 1:19md2915 (AJT/JFA).  In July 2019, Capital One announced that it had been the victim of a criminal cyberattack on its systems.  The attacker gained unauthorized access to the personal information of approximately 98 million U.S. consumers.  Capital One will pay $190 million as part of a settlement to resolve claims it jeopardized customer information in the 2019 data breach including reimbursement of up to $25,000 to data breach victims for verifiable out-of-pocket losses, compensation for time spent dealing with the effects of the incident and at least three years of identity theft and restoration services.  Capital One has also agreed to implement certain changes to its business practices to improve the bank’s cybersecurity infrastructure (2022).
  • In Re California State Invasive Insect Detection & Tracking.  In conjunction with the United States Department of Agriculture and the California State Department of Food and Agriculture regarding protocols on placement and tracking of insect detection traps for destructive species identified as Mediterranean Fruit Fly, McPhail, Oriental Fruit Fly, Olive Fruit Fly, Melon Fly, Gypsy Moth,  Japanese Beetle,  Light Brown Apple Moth, False Coding Moth, Asian Citrus Moth and the European Grape Moth.  California agriculture is nearly a $36.6 billion dollar industry that generates $100 billion in related economic activity, generally under California Food and Agricultural Code § 101 (2022).
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology regarding the Hanford High-Level Waste Vitrification Facility under the Facility Resource Conservation and Recovery Act affecting the Dangerous Waste Portion for Treatment, Storage, and Disposal for the Waste Treatment and Immobilization Plant Operating Unit Group 10 in the 200 East Area which receives radioactive effluents from several different process systems (2022).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy and the Washington State Department of Ecology regarding Class 2 Dangerous Waste Permit Modifications to the 242-Evaporator for Leak Detection Transfer Line upgrades.  The 242-Evaporator Facility, located in the 200 East Area,  is a mixed waste treatment and storage unit that concentrates liquid portions from the single and double shelled tank farms.  To date, the 242-Evaporator has removed more than 81 million gallons (2022).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology for the State Waste Discharge Permit and Fact Sheet supporting the renewal of ST0004502 for the 200 Area Treated Effluent Disposal Facility under RCW90.48 and WAC173-216 which consists of two adjacent 5-acre infiltration basins coupled with a 12-mile-long piped collection system that does not have any treatment or retention capacity (2022).*
  • In re Zoom Video Communications, Inc. Privacy Litigation.  United States District Court, Northern District of California 5:20-cv-02155-LHK.  Class action litigation alleging Zoom improperly released users’ personal information and had insufficient End to End security on its platform in violation of the Children’s Online Privacy and Protection Act 16 C.F.R. Part 312, Invasion of Privacy of California Common Law and the California Constitution, Art. 1, § 1, Breach of Implied Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Unjust Enrichment/Quasi-Contract, the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq., and the California Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., currently termed for 2022 settlement at $85 million (2021).
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology and the U.S. Department of Energy for the Class 2 Permit Modification to the Hanford Dangerous Waste Permit regarding the Liquid Effluent Retention Facility and the 200 Area Effluent Treatment Facility Tank Systems including the 242-A Evaporator and the Waste Treatment and Immobilization Plant's Effluent Evaporator -  WAC173-303-830(4)(c) (2021).*
  • Federal Institute for Continuing Legal Education CLE.  Countermeasures Injury Compensation Program (“CICP”) and Targeted Liability Protections for Pandemic and Epidemic Products and Security Countermeasures.  A countermeasure is a vaccination, medication, device, or other item recommended to diagnose, prevent or treat a declared pandemic, epidemic or security threat. The Public Readiness and Emergency Preparedness Act (“PREP”) covers Medical Countermeasures Against COVID–19 and pursuing tort claims primarily in the United States District Court, District of Columbia.  The PREP Act creates a robust (and often complete) defense to lawsuits involving countermeasures to combat COVID-19.  A careful review of the PREP Act, the Declaration and its amendments, and the case law interpreting the PREP Act is key to both understanding liability risk and defending cases that may involve the PREP Act including a short sidebar on Federal Preemption and Removal Proceedings - 42 U.S.C. § 247d–6d (2021).
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology, the U.S. Department of Energy and the Central Plateau Cleanup Company for Permit Modifications under the Hanford Facility Resource Conservation & Recovery Act affecting the Dangerous Waste Portion for the Treatment, Storage & Disposal of Dangerous Waste for the Integrated Disposal Facility located in Part III, Operating Unit Group 11 for 19,000 metric tons of dangerous radioactive & chemical waste annually - WAC173-303-830(4)(c) (2021).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy for the Class 2 Permit Modification to the Hanford Dangerous Waste Permit Liquid Effluent Retention Facility and the 200 Area Effluent Treatment Facility to install a supplemental organic-waste treatment system; in conjunction with the Washington State Department of Ecology regarding the State Waste Discharge Permit ST0004502 under RCW90.48 and WAC173-26 in conjunction with the changes to the Hanford Facility Resource Conservation and Recovery Act, Revision 8C, affecting the Dangerous Waste Portion for the Treatment, Storage, and Disposal of Dangerous Waste for the Low-Activity Waste-Pretreatment System and AP Farm Tanks 241-AP-106, 241-AP-107 and 241-AP-108 (2021).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the Washington State Department of Ecology in the changes to the Hanford Facility Resource Conservation and Recovery Act Permit affecting the Dangerous Waste Portion for the Treatment, Storage, and Disposal of Dangerous Waste for Tanks TK-P4 and TK-40 located in the Plutonium-Uranium Extraction Plant Complex in the 200 East Area (June 2021).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy on Class 3 Hanford Dangerous Waste System Permit Modifications for the Leachate Collection System (2021).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy and the Washington State Department of Ecology on the LERF and 200 Area ETF Permit Modifications adding a basin and waster transfer line from the Hanford Tank Waste Treatment System for the Treatment, Storage, and Disposal of Dangerous Waste for the Liquid Effluent Retention Facility (2021).*
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy and the Washington State Department of Ecology on the 242-A Evaporator Permit Modifications to allow for the existing transfer lines to connect with the LERF Basin 41 (2021).*
  • Marquis adv. Novozymes.  United States District Court, Central District of Illinois 1:20-cv-1020 and United States District Court, District of Nebraska 8:20-cv-395.  Rocket Docket litigation in defense of an Emergency Injunction under 28 U.S.C. § 1331 and the Defend Trade Secrets Act, 18 U.S.C.A. § 1836 involving complex ethanol enzyme process technologies including complex Third Party FRCP Rule 45 Discovery Dispute Resolution (2021).
  • State of Washington v. Russell Vought.  United States District Court, Western District of Washington 12-4-cv-00002.  Coalition litigation in conjunction with the Washington State Attorney General's Office on behalf of the Duwamish Tribe to prevent the National Archives and Records Administration, the Office of Management and Budget, the Public Buildings Reform Board and the General Services Administration, from selling the Seattle National Archives Building and relocation of the undigitized primary records to Riverside, California and Kansas City, Missouri.  On April 9, 2021, the Federal Government reversed their decision and ended their efforts to sell the Seattle National Archives Building (2021).
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy on the Class 2 Permit modifications to the Hanford Dangerous Waste Permit for the Liquid Effluent Retention Facility and the 200 Area Effluent Treatment Facility (2020).*
  •  In Re Blue Cross Blue Shield Antitrust Litigation MDL2406.  United States District Court, Northern District of Alabama, Southern Division 2:13-cv-20000-RDP.  Multi-District Class Action litigation alleging the Settling Defendants violated Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1–2, in addition to state law(s), by illegally entering into a geographic market allocation agreement prohibiting competition in the market for health insurance and administration of Commercial Health Benefit Products in the United States and its territories, as well as agreeing to other means of restricting competition in the market for health insurance and administration of Commercial Health Benefit Products.  The action involved substantial discovery, including obtaining and analyzing over 14 million pages of documents and over 100 depositions, and the investigation and analysis of the facts and underlying events relating to the subject matter of the claims and the applicable legal principles.  If approved by the Court, the Settlement will establish a $2.67 billion Settlement Fund. Settling Defendants will also agree to make changes in the way they do business that Plaintiffs believe will increase the opportunities for competition in the market for health insurance (2013-2020).
  • In Re Hanford Nuclear Reservation.  In conjunction with the U.S. Department of Energy preparing to fill three underground liquid waste disposal structured with engineered grout to prevent their collapse and the potential to spread contamination - planned actions for stabilization of 216-Z-2 Crib, 241-Z-361 Settling Tank and 216-Z-98 Crib, following the partial collapse of a waste storage tunnel near the Plutonium Uranium Extraction Plant (2020).*
  • Amazon.com, Inc. adv. CustomPlay LLC.  United States District Court, Southern District of Florida 9:176-cv-80884, United States Patent and Trademark Office - Patent Trial and Appeal Board IPR2018-01496, IPR2018-01497 and IPR2018-01498, involving complex patent infringement litigation focusing on validity of UD 8,494,346 B2 (Identifying a performer during a playing of a video). US 9,124,950 (Providing item information notification during video playing) and US 9,380,282 B2 (Providing item information during video playing) under 28 U.S.C. § 1331(a), 1400 and 35 U.S.C. § 103, 271-99 (2017-2020).
  • People of the State of Washington v. John Douglas Letellier.  Washington State Superior Court, Clark County 99-I-00821-9.  Representing John Letellier, pro bono, an inmate in the Washington State Department of Corrections, who was sentenced to life without parole under the Washington State Three Strikes Law, reduced and released to time served under RCW 9.94A.575, Washington State Superior Court Criminal Rule 7.8(b)(5) and RCW 36.27 as amended by SB 6164, effective June 2020, in conjunction with Michael D. McKay (Former United States Attorney for the Western District of Washington in Seattle), the Seattle Clemency Project and the Office of the Clark County Prosecuting Attorney via a joint motion to dismiss with prejudice wherein Mr. Letellier was released on July 17, 2020 after serving more that 21 years in prison (2020).
  • Congoo, LLC d/b/a Adblade v. Revcontent, LLC et. al.  United States District Court, District of New Jersey 16-cv-00401-MAS-TJB.  United States Court of Appeals for the Third Circuit 20-2745.  Successful defense of False Advertising Preliminary Injunction litigation spanning over four years where the court found that the plaintiff lacked standing to assert the Federal Lanham Act claims and its state common law unfair competition claim as to the consumer products (2020).
  • In Re Hanford Nuclear Reservation.  Waste Treatment and Immobilization Plant Risk Assessment Permit Modifications with the Washington State Department of Ecology and proposed changes affecting 56 million gallons of radioactive and chemical waste currently stored in 177 underground storage tanks (2020).*
  • K&L Gates CLE Trial Academy Training Series.  Continuing Legal Education - Trial Technology in the Courtroom - Tips and Tricks for putting on a Trail in any jurisdiction A to Z including War-Rooms - 1.0 CLE Credit CA, IL, NY, PA and TX (February 2020).
  • In Re Hanford Nuclear Reservation.  Interim Action Cleanup Plan for Groundwater in Hanford's 200-BP-5 and and 200-PO-1 Operable Units and Class 2 Permit Modifications for Installation of New Wall penetrations in the 242-A Evaporation Facility (2020).*
  • Scharfstein v. BP WCP LLC.  Circuit Court of the State of Oregon, County of Multnomah 1112-17046 and the Court of Appeals for the State of Oregon A162298.  Class action litigation focusing on over two million consumers who were overcharged on their debt cards when buying BP gasoline (2020).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2020).***
  • Silver Leaf Estates Limited adv. Asset America.  Washington State Superior Court, Thurston County 16-2-03281-34.  Bench trial defense verdict involving an Exclusive Loan Placement Agreement on claims of breach of contract, unjust enrichment, promissory estoppel and security interest.  The court further awarded the full request for attorneys' fees and costs (approx. $350,000) as the "Prevailing Party." (2019).
  • In Re Hanford Nuclear Reservation.  Proposed Cleanup Plan in conjunction with the United States Department of Energy and the United States Environmental Protection Agency under the Comprehensive Environmental Response - Compensation and Liability Act, 42 U.S.C. § 9601, to address the remaining soil and groundwater contamination in the 100-BC Area covering 112 waste sites and groundwater in the 100-BC-1, 100-BC-2 and 100-BC-5 Operable Units (October 2019).*
  • City of Seattle & Kshama Sawant adv. Haglund.  Washington State Superior Court, King County 17-2-24518SEA, United States District Court for the Western District of Washington 2:17-cv-01614 and United States Court of Appeals for the Ninth Circuit 18-35546.  Successful disposition of litigation representing the City of Seattle and Seattle District 3 Council Member Kshama Sawant in defense of $25 million State claims of discrimination and defamation as well as Federal claims of constitutional rights to privacy, due process, and equal protection (2019).
  • In Re T-Mobile USA, Inc. & Sprint Corporation Merger.  Primary Counsel on antitrust compliance with the United States Department of Justice and the United States Federal Trade Commission between T-Mobile & Sprint on their $26.5 billion merger regulatory approval (2017-2019).
  • City of Seattle v. Washington State Department of Transportation.   Washington State Superior Court, King County 16-13211 SEA.  The lawsuit recalls some of the darkest days for the Seattle Tunnel Project to replace the Alaskan Way Viaduct with a tunnel.  The machine, named Bertha, broke down in late 2013, and contractors dug a pit on the waterfront so they could access and fix it.  Building that pit involved drawing down groundwater.  The viaduct settled a little in that dewatering, as did some buildings in Pioneer Square.  The city replaced several water mains.  The lawsuit alleged the damage exceeded what was allowed in a preconstruction agreement with the state.  The case settled on the eve of trial for $26 million (2013-2019).
  • In Re City of Seattle Battery Street Tunnel.  Representing the City of Seattle on historical legislative infrastructure research regarding the decommissioning and closure of the Battery Street Tunnel which opened in 1954 and closed on February 1, 2019.  The Battery Street Tunnel, which connected the Alaskan Way Viaduct to Aurora Avenue underneath Seattle's Belltown neighborhood (2016-2019).
  • In Re City of Seattle Alaskan Way Viaduct.  Representing the City of Seattle on historical legislative infrastructure research regarding the decommissioning and closure of the Alaskan Way Viaduct.  The viaduct was built in three phases from 1949 through 1959, and closed permanently on January 11, 2019 with demolition completed  towards the end of the year.  The Alaskan Way Viaduct was a double-decker freeway that traveled through Downtown Seattle and SoDo along the western waterfront facing Elliott Bay and was originally built to carry a section of U.S. Route 99, the main north–south highway in Washington and along the U.S. West Coast from Mexico to Canada replaced by the Seattle Tunnel (2014-2019).
  • In Re City of Seattle Seawall Project.   Represented the City of Seattle in the renovation and restoration of the Seattle Waterfront Seawall, which involved counseling the city attorney’s office, the mayor, the city council and the city’s project manager through a series of project issues, including delay, design and related construction issues. All the disputes were resolved short of litigation (2013-2020).
  • Expedia, Inc., (DE) and Orbitz Worldwide, Inc., adv. T-JAT Systems 2006 LTD.  United States District Court, District of Delaware 16-cv-581-RGA.  Over three years of patent infringement litigation including Markman Hearing where the court invalidated all asserted claims as indefinite under 35 U.S.C. § 112(6) Functions.  (2016-2019).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2019).***
  • In Re Hanford Nuclear Reservation.  Storage Tunnels Permit Modifications with the Washington State Department of Ecology, the U.S. Department of Energy Richland Operations and CH2M Hill Plateau Remediation Company, affecting the dangerous waste treatment, storage and disposal for the Plutonium Uranium Extraction Plant in the 200 Area, including the Hanford Site Air Operating Permit Renewal (2018).*
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2018).***
  • In Re Boeing Blended Winglet Technology.  Development of Blended Winglets technology for jet airplanes to reduce power settings on take-off and climb faster to altitude.  The result is a reduction in both noise footprints and engine emissions.  Previously, step-climbing was from generally between 35,000 to 41,000 feet.  With Blended Winglets, jets can now climb directly to 41,000 feet where traffic congestion is much less and can take advantage of direct routings and shortcuts which could not otherwise be considered.  Retrofit downtime to install the light-weight carbon-fiber and honeycomb winglets coupled with epoxy formulas, including structural wing modifications, is 10 days per shipset (2017).
  • American Civil Liberties Union of Southern California - Humanitarian of the Year Award.  The ACLU of Southern California has been on the leading edge of liberty since 1923.  The ACLU defends the fundamental rights outlined in the United States Constitution and the Bill of Rights. These include the right to freedom of speech and assembly; the right to religious freedom; due process of law; equality before the law; and the right to privacy. The ACLU also relies on state constitutional provisions and federal and state laws that further these and similar rights.  Humanitarian Award: K&L Gates LLP, for its tireless fights for the rights of immigrant children (2017).**
  • BNSF adv. White.  United States District Court, Western District of Washington 3:15-cv-05145-RBL, United States Court of Appeals for the Ninth Circuit 17-35397.  Successful defense jury trial verdict based on The Civil Rights Act of 1866 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e, et seq., The Washington Law Against Discrimination RCW 49.60.180 and The Family Medical Leave Act 29 U.S.C. § 2601 and 2615(a)(2) (April 2017).  Affirmed by the United States Court of Appeals for the Ninth Circuit (June 8, 2018).
  • In Re Cyber Civil Rights Legal Project - Allen v. Zonis.  Washington State Superior Court, King County 15-2-15656-0 KNT.  Pro Bono prosecution of claims for Electronic Impersonation, Intentional Invasion of Privacy, Intentional Inflection of Emotional Distress and Defamation.  Two week jury trial resulting in verdict for the Plaintiffs on all counts awarding $8.9 million.  To date, the largest jury verdict for the Cyber Civil Rights Legal Project ("CCRLP").  The CCRLP utilizes the elite cybersecurity and cyber forensics practices, allowing volunteers to deliver quality pro bono services to victims across the globe.  Since its inception in late 2014, the CCRLP already has helped thousands of victims fight back against cyber harassment and reclaim their online identities (March 2017).  Affirmed by the Washington State Court of Appeals, Division One 76768-2-1, 2018 WL 6787925 (December 24, 2018).  This landmark case was profiled in the November 2017 Wired Magazine Article "How One Woman's Digital Life Was Weaponized Against Her".
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2017).***
  • Par Pharmaceutical, inc. v. Luitpold Pharmaceuticals, Inc.  et al.   United States District Court, District of New Jersey 2:2016cv02290.  Patent Infringement litigation.  The decision arose out of a patent dispute between Plaintiffs Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC ("Par") and Luitpold.  Par is the assignee of patents for Adrenalin®, a product containing epinephrine for use in treating allergic reactions.  Luitpold filed an Abbreviated New Drug Application (“ANDA”) seeking approval to market a generic version of Par's Adrenalin® product, and Par responded by filing suit against Luitpold.  The District Court noted that to satisfy 35 U.S.C. § 285, Luitpold had to establish that Defendants were the prevailing party, the case was exceptional, and the requested fees were reasonable.  Senior District Judge William H. Walls issued an amended opinion granting the motion for attorney fees of Defendants Luitpold Pharmaceuticals, Inc., Daiichi Sankyo, Inc., and Daiichi Sankyo Co., Ltd. ("Luitpold").  The District Court also awarded Luitpold $207,482.50 in fees and $4,580.93 in costs (2017).
  • In Re Cyber Civil Rights Legal Project.  The K&L Gates acclaimed Cyber Civil Rights Legal Project has helped thousands of victims of nonconsensual pornography.  The project taps lawyers across disciplines and across the United States, Asia, Australia, and Europe, while highlighting our experience with technology-facilitated harassment and cyber forensics (2015-2021).
  • In Re K&L Gates - The Energizer - Online Publication.  Instrumental in the conception, development and launch of the highly successful K&L Gates Energy Newsletter “The Energizer” covering current trends in Blockchain, Construction-Infrastructure, ESG-Sustainability-Renewable Energy, Liquefied Natural Gas, Mining-Metals, Power, Energy Finance, Hydrogen, Maritime and Oil-Gas (2017).
  • In Re NVIDIA GTX 970 Graphics Chip Litigation.  United States District Court, Northern District of California 15-cv-00760-PHJ.  Federal and State Class Action litigation generally under violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq., based on allegedly inaccurate or misleading information regarding the GTX 970’s specifications, performance and capabilities, including product review and testing with industry consultants regarding operation, technical and performance limitations in design and structure (2016).
  • United States Court of Appeals for the Ninth Circuit.  Trifecta Hat-Trick with three cases set for Oral Argument on the Court's Calendar during the same week of July 5th, 2016.  15-35738 [2:14-cv-01026-TSZ W.D. Wash.], 14-35157 [3:11-cv-05973-RBL W.D. Wash.] and 13-35739 [2:14-cv-01026-TSZ W.D. Wash.].  The United States Court of Appeals for the Ninth Circuit serves nine western states and two Pacific Island jurisdictions that averages 12,000 plus cases a year in which over 50% are eliminated pre judicial disposition.  Of the remaining, only 13% go to Oral Argument and of that, with a reversal rate of 11.5%.  (July 5-8, 2016).
  • National Institute for Legal Education CLE.  Continuing Legal Education - Federal Court Case Management - New Federal Rules of Civil Procedure, Jurisdiction and Venue, ECF-PACER, Removal, Dismissals, Scheduling Conference, Discovery-ESI, Lay and Expert Witnesses, Briefing, Depositions, Motion Practice, Ethics, Rules of Evidence, Authenticity & Admissibility, Pre-Trial Procedures, Tactical Issues, Scientific Evidence, Medical Evidence, Engineering Evidence, War-Rooms & Control Centers, In-Court Technology, Voir Dire - Jury Selection, and Trial Proceedings (April 2016).
  • In Re Carnegie Mellon University.  Work on the Grant where K&L Gates awarded $10 million to Carnegie Mellon University to establish a new research center called the K&L Gates Endowment for Ethics and Computational Technologies.  This research center is to explore the Ethics of Artificial Intelligence and establish a Biennial Conference.  The firm provided legal services to CMU for decades.  K&L Gates Chairman Emeritus Charles J. Queenan Jr. once chaired CMU's Board of Trustees (2016).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2016).***
  • Child Immigrants Rights Project.  In conjunction with the American Civil Liberties Union, the American Immigration Council, the Northwest Immigration Rights Project and Public Counsel, under § 240 of the Immigration and Nationality Act, the Illegal Immigration Reform and Immigrant Responsibility Act and 8 U.S.C. § 1182, 1227, 1229, 1252 including constitutional claims under the Due Process Clause of the Fifth Amendment, commencing a nationwide class action on behalf of thousands of children (following the mid June 2014 wake of more than 52,000 underage migrants, some as young as three years old) who are challenging the federal government’s failure to provide them with legal representation in deportation hearings.  There are currently close to 475,000 cases pending in the 57 immigration courts across the country.  J.E.F.M. v. Lynch, United States District Court, Western District of Washington 2:14-cv-01026 TSZ, United States Court of Appeals for the Ninth Circuit 15-35738, 15-35739, 15-80113 and 15-80116, reported at 923 F.3d 6232 (9th Cir. 2019) (en banc), 107 F. Supp. 3d 1119 (W.D.  Wash. 2015), Slip Opinion at 2015 WL 9839679 (W.D. Wash. 2015) and 2016 WL 1531914, 837 F.3d 1026   (W.D. Wash. April 15, 2016), Mandate issued November 13, 2018, 908 F.3d 1157, 18 Cal. Daily Op. Serv. 10,806 and 2018 Daily Journal D.A.R. 10,872 (9th Cir. 2018).  See also C.J.L.G. v. Sessions, United States Court of Appeals for the Ninth Circuit 16-73801 that unaccompanied immigrant children should be entitled to government-provided counsel in removal proceedings.  Reported at 880 F.3d 1122, 18 Cal. Daily Op. Serv. 958, 2018 Daily Journal D.A.R. 973 (9th Cir. 2018).  See also Franco-Gonzales v. Holder, 828 F. Supp. 2d 1133 (C.D. Cal. 2011), Pedro Silvestre-Gregorio, United States Court of Appeals for the Sixth Circuit 19-5081, 2019 WL 2353215 (2013-2021) and Patricia Marisol Hernandez-Galand, AKA Celena Hernandez-Gomez; M.E.H.-H., AKA M.M.H.-H., v. Garland, United States Court of Appeals for the Ninth Circuit 17-70538 and 129-70198, Agency Nos.: A208-273-506 and A208-273-507 (2021).  See also: Unaccompanied Alien Children Statistics and U.S. Detention of Child Immigrants (2010-2021).**
  • In Re National Radiation Exposure Compensation Act.  The National Radiation Exposure Compensation Act ("RECA") was enacted in 1990 as a non-adversarial alternative to litigation for individuals who contracted certain illnesses following exposure to radiation as a result of the United States' atmospheric nuclear testing program and uranium ore processing operations during the Cold War.  Congress expanded the scope of the law's coverage in 2000.  With a current surpassed $2 Billion in awards under the RECA, this benchmark reflects the combined efforts to help thousands of U.S. citizens reach closure on a unique chapter of our history.  42 U.S.C. § 2210 & C.F.R. § 79 (2015).*
  • Schlesinger v. Ticketmaster.  California State Superior Court, Los Angeles County, Central Civil West Courthouse BC 304565, Court of Appeals of California, Second District, Division Two B224880 and B248597.  Multi-million dollar class action litigation regarding alleged violation of the California Business & Professions Code § 17200, 17203 and 17500 of non-pass-through UPS delivery order processing fee charging of select ticket shipping options (2015).
  • Hertz adv. Farah, et al.  Washington State Superior Court, King County 11-2-41759-0KNT.  Seven week jury trial representing Hertz, the world's largest rental car operator, resulting in a unanimous defense verdict focusing on discrimination based on national origin and religion under RCW 49.60 including proceedings before the National Labor Relations Board and the Equal Employment Opportunity Commission.  The trial involved 25 plaintiffs, over 40 witnesses with 2 translators.  (November-December 2014).  Affirmed by the Court of Appeals of the State of Washington Division 1 73268-4-1 on October 3, 2016.  Affirmed by the Washington State Supreme Court 93883-1 on March 8, 2017 (2011-2017).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2015).***
  • Square adv. Unwired Planet.  United States District Court, District of Nevada (Reno) 3:13-CV-00579 RJC-WGC and The United States Patent and Trademark Office.  Litigation focusing on location based technology and wireless network infrastructure with full discovery and a Markman Hearing then obtaining an order invalidating all asserted claims including practice before the United States Patent Trial and Appeal Board and appellate practice before the Federal Circuit (2015)
  • National Institute for Legal Education CLE.   Continuing Legal Education - A Guide to Federal Court - Critical Federal Rules of Civil Procedure, Privilege, Discovery-ESI, Depositions, Motion Practice, Ethics, ECF-PACER, Rules of Evidence, Authenticity & Admissibility, Pre-Trial Procedures, Tactical Issues, Expert Witnesses, Scientific Evidence, Medical Evidence, Engineering Evidence, War-Rooms & Control Centers, In-Court Technology, Voir Dire - Jury Selection, and Trial Proceedings (November 2014).
  • Panagacos. v. Towery, et al.   United States District Court, Western District of Washington 10-5018.  Obtained summary judgment dismissing all claims primarily focusing on First Amendment, Fourth Amendment, Fourteenth Amendment, the Posse Comitatus Act (18 U.S.C. § 1385) of 1878, Civil Rights and Qualified Immunity, in conjunction with the City of Olympia Police Department, the City of Tacoma Police Department, the United States Army Joint Base Lewis McCord Force Protection and the United States Fusion Centers (2012-2014).  Reported at 782 F. Supp. 2d 1183 (W.D. Wash. 2011).  Affirmed by the United States Court of Appeals for the Ninth Circuit 11-35527 (May 2, 2017).
  • Cabela's Retail, Inc. v. Hawks Prairie.  United States District Court, Western District of Washington at Tacoma 11-CV-5973 RBL.  Verbatim Report of Proceedings (Props from the Bench!) before the Honorable Ronald B. Leighton, District Judge, January 30, 2014 conclusion of a jury trial.  THE COURT:  "All right, ladies and gentlemen, you now have heard the evidence, you've been instructed, you've heard the closing arguments of counsel.  Now the case belongs to you.  (The following occurred outside the presence of the jury.)  THE COURT:  I want to commend the lawyers.  I want to commend the parties.  This is a tough case.  I mean, it's a tough situation to be in.  And good people on both sides.  And I had a recent case, and it's all too familiar, where I had to call out the parties as dishonest.  I told the lawyers that I didn't trust them.  They're both out of-state, I might add.  But it was a sad time for me, because the greatest honor I ever had was being a lawyer, and being a trial lawyer, you guys make me proud.  Court will be in recess" (2014).
  • In Re Anti-Human Trafficking Initiative.  The K&L Gates global Anti-Human Trafficking Initiative works with individuals and non-governmental organizations around the world to help survivors and address the scourge of human trafficking.  In partnership with the FBI, we also founded an initiative in Western Pennsylvania focused on helping members of the LGBTQ+ community who are victims of human trafficking (2014-2021).
  • In Re Madoff Victims Securities Litigation.  Before the Second Circuit for victims of the Madoff Securities Ponzi scheme successfully arguing that section 546(e) of the federal Bankruptcy Code effectively barred the Trustee’s claims to any transfers prior to two years before the filing date.  Through adversary proceedings brought in the Bankruptcy Court for the Southern District of New York, the Trustee sought to clawback transfers from Madoff Securities that occurred within the six years prior to Madoff Securities’ bankruptcy filing, as permitted by state law. The District Court agreed that section 546(e) applied, and dismissed the Trustee claims that would have extended the clawback period beyond two years or for any federal claims other than claims based on intentional fraudulent transfers.  In re Madoff Securities, 476 B.R. 715 (S.D.N.Y. 2012).  The Trustee and SIPC appealed, but on December 8, 2014, the Second Circuit unanimously affirmed, largely adopting the arguments advanced that section 546(e) should be applied strictly according to its terms.  In re Bernard L. Madoff Investment Securities LLC, No. 12-2557, 773 F.3d 411, 2014 WL 6863608 (2nd Cir. Dec. 8, 2014).  This result preserved over $50 million for victims of the Madoff Securities Ponzi scheme and has sweeping impacts limiting the Trustee’s claims in hundreds of other pending adversary proceedings (2010-2015).
  • K&L Gates Practice Administrator - Energy, Infrastructure & Resources (“EIR”) Group.  Responsible for the global K&L Gates EIR practice covering all aspects of proposed and operational projects in Asia, Australia, Europe, the Middle East, North America and South America, focusing on Research, Development, Technology, Energy Disputes, Energy Finance, Oil & Gas,  Power Generation, Transmission, Storage, Renewables, Utilities, Liquified Natural Gas, Maritime, Construction, Infrastructure and Nuclear (2014-2021).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2014).***
  • Keahole Point Fish LLC v. Skretting Canada Inc.  United States District Court, District of Hawaii CV11 00675.  Representation of an international feed manufacturing company in a multi-million dollar lawsuit involving both breach of contract and tort claims, as well as complex scientific evidence in the field of offshore aquaculture (2012-2014).
  • Frias v. Asset Foreclosures Servs., Inc.  United States District Court, Western District of Washington C13–760 MJP, Supreme Court of the State of Washington 89343–8.  Complex issues regarding the Foreclosure Fairness Act, the Consumer Protection Act, the Deed of Trust Act, and under the theory of intentional misrepresentation, primarily under RCW 61.24.127 failure to bring civil action to enjoin foreclosure - not a waiver of claims.  See also Washington Pattern Jury Instructions - Civil 310.06 Injury in Consumer Protection Act Claim.  Reported at 2013 WL 6440205 , 957 F. Supp. 2d 1264 (W.D. Wash. 2013), 181 Wn.2d 412 and 334 P.3d 529 (2014).
  • Carnegie Mellon University v. Marvell Semiconductor, Inc., et al.  United States District Court, Western District of Pennsylvania 09-cv-0290 and United States Court of Appeals for the Federal Circuit 1492.  From a December 2012 high-stakes litigation jury trial verdict awarding $1.54 billion to Carnegie Mellon for infringement of patents 6,201,839 and 6,438,180 regarding disk drive technology for improving magnetic storage density.  Ultimately, the appellate process resulted in a negotiated final $750 million settlement.  Reported at 890 F. Supp. 2d 602 (W.D. Pa. 2012) and 986 F. Supp. 2d 574 (W.D. Pa. 2013).
  • Mississippi v. Au Optronics Corp et al.  United States Supreme Court 12-1036 (2014).  After a 2006 United States Department of Justice investigation, from long-running litigation accusing a group of electronics companies of fixing the price of liquid crystal display panels which are widely used in laptops, monitors and other electronic devices, to determine whether parens patriae cases-suits, primarily under 28 U.S.C. § 1332 and 15 U.S.C.A. § 15c, under the Class Action Fairness Act (“CAFA”).  The United States Supreme Court agreed to take the case from the Fifth Circuit Court of Appeals, reported at 701 F. 3d 796 (5th Cir. 2012), and resolve a federal circuit split over whether CAFA applied to parens patriae cases, federalism and respect for the institutional sovereignty of the states and their chief legal officers, legislatures and judicial systems.  On January 14, 2014 the United States Supreme Court unanimously upheld the rights of attorneys general across to country to enforce their state's laws in state court to recover damages on behalf of their state's consumers.  See also Rutter Group Practice Guide-Federal Civil Procedure Before Trial 2:1170.
  • City of Ocean Shores adv. Banks, et. al.  Washington State Superior Court, County of Grays Harbor, 03-2-01811-9, Successful resolution from a 2010 jury trial, then to Washington State Court of Appeals Division II (42587-4II 2011) and then to Washington State Supreme Court (88108-1 2013) with Chief Justice Madsen and Justices C. Johnson, Fairhurst, Stephens and Gonzalez, considered at its April 3, 2013 motion calendar under RAP 13.4(b) unanimously denying petition for review and motion to strike (2014).
  • In Re iManage Platform Data Management Conversion.  Firmwide electronic information systems management infrastructure migration point person with the internal “Champions Team” for 1,700 attorneys and 4,700 support staff for 40 offices across 5 contents of the 13th largest U.S. law firm.  iManage is an artificial intelligence and powerful document and email management work product system that creates connections across data, systems, and people while leveraging the context of organizational content to fuel deep insights, informed business decisions, and collaboration (2013-2015).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2013).***
  • In Re Federal Acknowledgment of the Duwamish Tribal Organization with the United States Department of the Interior, Bureau of Indian Affairs ("BIA"), Office of Federal Acknowledgement, Interior Board of Indian Appeals, Indian Affairs Bureau and the United States of America.  United States District Court, Western District of Washington C08-0717-JCC and Interior Board of Indian Appeals 16-008.  Work towards the Federal Acknowledgement of Chief Seattle's Duwamish Indian Tribe under 25 C.F.R. § 83 based on the January 22, 1855 Treaty of Point Elliott.  2013 U.S. Dist. 40622, 2013 WL 1192607 (W.D. Wash. Mar. 22, 2013).  In 2013, the Western District of Washington vacated and remanded the BIA's decision refusing to acknowledge the Tribe - one of the only times a court has reversed a negative decision on tribal recognition by the Department of the Interior.  The good fight continues with the May 11, 2022 filing of litigation against the U.S. Department of the Interior in the United States District Court for the Western District of Washington 2:22-cv-00633 (2012-2021).
  • TFT-LCD Flat Panel Civil and Criminal Grand Jury Antitrust Litigation.  United States District Court, Northern District of California 3:07-md-01827-SI.  Complex Multi District State and Federal Court cases with numerous foreign jurisdictions including Europe, Asia and South America, primarily under the Sherman Antitrust Act  26 Stat. 209, 15 U.S.C. §§ 1-7.  Litigation case management included millions of documents, over 600 depositions and more than  9,000 docketed pleadings.  TFT LCD (Thin film transistor liquid crystal display) is a variant of liquid crystal display ("LCD") which uses thin-film transistor ("TFT") technology to improve image qualities such as addressability and contrast.  TFT LCD is an active matrix LCD.  TFT LCDs are used in appliances including television sets, computer monitors, mobile phones, handheld video game systems, personal digital assistants, navigation systems and projectors (2007-2012).
  • Cequint Inc. v. Apple Inc.  United States District Court, Delaware C.A.  11-1224 (LR).  Successful resolution representing Cequint in a patent infringement action involving Caller ID technology (2011-2013).
  • United States Department of Energy, United States Environmental Protection Agency & Washington State Department of Ecology Final Tank Closure and Waste Management Environmental Impact Statement for the Hanford Nuclear Site in Richland, Washington DOE/EIS-0391 (2012).*
  • Bill and Melinda Gates Foundation adv. Muckle.  United States District Court, Northern District of Georgia 1:09-cv-2387-CAP and United States Court of Appeals for the Eleventh Circuit 10-13122.  Successful resolution representing the Bill and Melinda Gates Foundation with the United Negro College Fund based on their combined defense regarding the Millennium Scholarship Program, culminating in dismissal and judgment (2012).
  • F5 Networks adv. Peer.  United States District Court, Western District of Washington C11-0879-JCC.  Successful disposition of issues focusing on the Americans with Disabilities Act and the Washington State Law Against Discrimination, 42 U.S.C. §§ 12101 et seq., 42 U.S.C. § 2000e et seq., 28 U.S.C. § 1331, 1367, 1441 (a)(b), 1446(b) and Title VII of the Civil Rights Act of 1964.  The case settled on the eve of trial (2012).
  • K&L Gates Pro Bono “For The Public Good” Yearly Recognition Service Award.  Providing legal assistance directly to individuals who have limited means but substantial legal needs, providing legal counsel and public policy advocacy to help organizations advance their public service programs, work to advance the rule of law around the world, and accept court appointments to provide pro bono counsel, among other things (2012).***
  • Krausz v. Romac.  United States District Court, Western District of New York 09-CV-6300-DGL and United States District Court, Western District of Washington C10-1204RSL.  Judicial resolution of Patent Infringement representing Krausz, an Israeli corporation, under 35 U.S.C. § 1 et seq., 28 U.S.C. 1331, 28 U.S.C. 1338(a),  28 U.S.C. 1391(b) and N.Y.C.P.L.R. § 302(a) (2009-2012).  Reported at 719 F. Supp. 2d 241 (W.D.N.Y. 2010).  See also Rutter Group Practice Guide-Federal Civil Procedure Before Trial 4:443.
  • Apilado v. NAGAAA.  United States District Court, Western District of Washington C10-00682JCC.  Successful resolution of First Amendment and discrimination claims based on sexual orientation and the Washington State public accommodation laws.  The case settled on the eve of trial.  Reported at 792 F. Supp. 2d 1151, 2011 WL 2148816 (W.D. Wash. 2011).
  • United States Department of Energy, United States Environmental Protection Agency & Washington State Department of Ecology ("The Tri-Party Agreement").   Hanford Nuclear Site concerning waste treatment and technical issues, the past disaster in Japan and Hanford's ability to respond to catastrophic events, potential 2012 budget impacts and not accepting offsite waste (2011).*
  • In Re Court Appointed Special Advocates.  Special Assistant to Mabry Chambliss DeBuys focusing on volunteer work with the Family Law Court Appointed Special Advocates (“CASA”) as an advocate for children caught in the midst of domestic conflicts including service to the CASA Board of Directors (2006-2011).
  • In Re Grand Jury Subpoenas.  United States District Court, Northern District of California 07-1827SI, United States Court of Appeals for the Ninth Circuit 10-15758 and the United States Supreme Court 10-1147, under 18 U.S.C. § 3332 and Federal Rules of Criminal Procedure 17 (2011), raising novel issues with potentially far-reaching implications about the jurisdiction of the Federal Grand Jury and the relationship between Grand Jury proceedings and civil discovery of unindicted foreign defendants (2006-2011).  Reported at 627 F.3d 1143 (N.D. Cal. 2010).
  • Brice Yingling v. eBay, et al.  United States District Court, Northern District of California C-09-01733.  Successful resolution of class action lawsuit involving $30 million over allegations of  overcharging sellers in the eBay Motors Parts and Accessories category (2011).
  • Gillani Consulting, Inc. v. Chevron U.S.A. Inc. et al.  United States District Court, Western District of Washington 2:10-cv-00975.  Successful litigation and resolution involving software copyright infringement (2010).
  • City of Ocean Shores adv. Banks, et. al.  Washington State Superior Court, Grays Harbor County 03-2-01811-9.  Defended class action prevailing in a two week jury trial regarding the Point Brown Peninsula’s Storm Water Service charge and property owner regulatory fee assessment ultimately based on maintaining and protecting the fragile balance of encapsulating a fresh water aquifer consisting of ground water, canals and lakes being surrounded by the Pacific Ocean shoreline.  This was the first time that a constitutional and statutory claim of this nature had been tried before a Washington jury.  While the case took nearly seven years to get to trial, the jury returned a 12-0 defense verdict in less than one hour (2010).
  • Gillani Consulting, Inc. v. Verizon Corporate Services Group Inc.  United States District Court, Western District of Washington 2:10-cv-01348.  Successful litigation and resolution involving software copyright infringement (2010).
  • Mosley v. Fillmore, et. al.  United States District Court, Western District of North Carolina 1:09cv221, United States Patent and Trademark Office, Trademark Trial and Appeal Board CN 92,049,881 RN 2,791,555.  Federal question jurisdiction alleging Lanham Act violations and supplemental state law claims regarding guitars, guitar components and amplifiers.  Semie Moseley, built distinctive guitars that became icons of popular culture in the 1960’s when they were used by one of the most successful instrumental groups of all time, The Ventures.  Mosrite guitars were played by many rock and roll and country artists such as Jimi Hendrix, The Ramones, Tommy Tedesco, The Strawberry Alarm Clock, Davie Allan, Kurt Cobain, Joe Maphis, Buck Owens, Larry Collins, Buck Trent, Nick McCarthy, the MC5, Iron Butterfly, Dottie Rambo, Arthur Lee Love, Fred Sonic Smith, Ricky Wilson, Kayama Yuzo, and Kevin Shields.  Virtually everyone who is anyone has owned a Mosrite at some time in their life.  People like Brian Wilson of The Beach Boys, Jimi Page, Duane Allman, Roy Buchanan, Larry Gatton, Rick Springfield & hundreds of well-known musicians (Too many to list) have all been captured by the allure of the Mosrite guitar.  During the 60's, the Mosrite Fuzzrite was the crème de la crème of distortion devices.  Prior to the popularization of his guitars in the 1960’s, Semie Moseley worked out of his garage making three guitars a month under the trademark “MOSRITE” and other marks, including the mark “VIBRAMUTE”, which he applied to guitars having a system he designed for muting the strings.  Reported at 725 F. Supp. 2d 549 (W.D.N.C. 2010).
  • In Re Gameinformer Magazine.  Intellectual Property Paralegal for 3 of the first 5 Top 200 Video Games of All Time Listed: 1) The Legend of Zelda, 2) Super Mario Bros., for the Nintendo Platforms, and 5) Half-Life 2 by Valve for the PC (Fall 2009).  See also Game Over-Press Start to Continue, Random House, New York (1995) which details the history of Nintendo and its rise to become the most powerful electronic gaming company in the world, and the history of the worldwide electronic gaming industry as a whole from the 1960's to the 1990's (2010).
  • In Re Tank Closure and Waste Management Environmental Impact Statement for the Hanford Site, Richland, Washington.  Volume 1, Book 3, Chapter 5, Part 1 & 2-Chapter 12, U.S. Department of Energy, DOE/EIS-0391, October 2009.*
  • In Re Mountains to Sound Greenway Trust.  Special assistant to James “Jim” Reed Ellis.  The nonprofit organization is dedicated to preserving the scenic, environmental, and historic qualities of a 100-mile stretch of Interstate 90 from Puget Sound east to Thorp, in Kittitas County.  The Trust had sparked land exchanges and purchases that moved nearly 125,000 acres of land along the I-90 corridor from private to public ownership (2001-2009).
  • In Re The World Justice Project.   Special Assistant to William Neukom.  The World Justice Project supports research that examines the contributions of the rule of law to aspects of economic, political, and social development and pursues research agendas studying the effectiveness of the rule of law in domains of social life, the inter-dependencies among the institutional components of the rule of law, and the causal mechanisms by which the rule of law affects economic and political life (2009-2015).
  • Microsoft Corporation adv. Johnson, et al.  United States District Court, Western District of Washington C06-900RAJ.  Represented Microsoft, in its successful defense of consolidated class action cases where Plaintiffs asserted claims on behalf of an alleged nationwide class for breach of contract, unjust enrichment and violation of the Washington Consumer Protection Act relating to Microsoft’s Windows Genuine Advantage program.  After several rulings in Microsoft’s favor, the Plaintiffs dropped their class allegations and ultimately dismissed all remaining claims with prejudice (2009).
  • In Re Valve Corporation.  Listed in the credits "Crack Legal Team" on the blockbuster video game Portal-2.  See also MobyGames and IMDb (2009).
  • Balaton v. Balaton, et al.  Washington State Superior Court, King County 07-2-14061-1SEA.  Defended case including six week jury trial regarding construction defect, breach of express and implied warranties under the Washington State Condominium Act (RCW64.34.443), breach of contract and violation of the Washington State Consumer Protection Act (RCW19.86.020).  Discovery management including 133 depositions and 349 subpoenas.  To date, the record setting case in the history of the Superior Court for the State of Washington for the most trial exhibits and photos offered in evidence (2008-2009).
  • In Re Hanford Nuclear Facility.  Implementation and monitoring of the Hanford site cleanup under the Tri-Party Agreement & Consent Decrees between the United States Department of Energy, Washington State Department of Ecology and the United States Environmental Protection Agency through judicial oversight with United States Federal Court management (1994-current).*
  • Gillani Consulting, Inc. v. Motorola, Inc.  United States District Court, Western District of Washington C09-0351-TSZ.  Successful litigation and resolution involving software copyright infringement (2009).
  • K&L GATES - Litigation Training Series CLE.  Continuing Legal Education - Paralegalpalooza (2001-2021).
  • Sandler v. Calcagni.  United States District Court, District of Maine 07-cv-29.  Obtained summary judgment for defendant Amazon/Booksurge regarding Print-On-Demand technology entities and action for libel and defamation.  Reported at 565 F. Supp. 2d 184, 2008 WL 2761892 (D.Me. 2008).
  • King County Bar Association CLE.  Advanced Paralegal Topics on Professional Communications, Legal Technician Rules, Confidentiality & Customer Service, Practice Area Group Discussions & Putting Technology to Work for You (September 2008).
  • City of Seattle v. The Professional Basketball Club, LLC - Seattle Super Sonics.  United States District Court, Western District of Washington C07-1620.  Prosecuted case including six day bench trial regarding specific performance of the Seattle Supersonics Basketball Team and contract on the Key Arena lease.  The matter settled one hour before the issuance of the Court's ruling (2008).
  • SOG Specialty Knives & Tools, Inc. v. Cold Steel, Inc., et al.  United States District Court, Western District of Washington C08-0766 JLR.  Litigation of trademark claims on high-end Japanese steel knives (2008).
  • Federici v. U-Haul.  Superior Court of the State Washington, King County 06-2-11563-5 SEA.  Defended case including nine week jury trial involving products liability and personal injury issues.  To date, one of the largest products liability cases ever tried in Washington State and which spurred the state legislature to pass a bill known as "Maria's Law" which criminalized improper securing loads on vehicles (2007).
  • Gillani Consulting, Inc. v. Ferguson Enterprises, Inc.  United States District Court, Northern District of Texas 3:07-cv-1488-O.  Successful litigation and resolution involving software copyright infringement (2007).
  • Ivey v. Reeder.  Washington County Circuit Court, 20th Judicial District, State of Oregon C-06-2144 CV.  Prosecuted case on behalf of national advertising agency prevailing in six day jury trial regarding misappropriation of trade secrets and other violations of non-competition agreements (2007).
  • Microsoft Corporation-Forefront Trademark Litigation.  United States District Court, Western District of Washington CV06-1327P.  Successful resolution involving Microsoft’s Forefront trademark for their multi-layered portfolio of protection, identity and access security products (2006).
  • Flow International Corporation adv. Oliver.  Washington State Superior Court, King County 04-2-14666-6 SEA and Washington State Court of Appeals Division One 57382-9-1.  Successful resolution of protracted complex patent invention dispute via dispositive Summary Judgement Motion.  Litigation focused on Breach of Contract, Patents, Estoppel and Reformation of Instruments.  The trial court’s analysis correctly followed the established principle rule that, absent legal necessity, courts will not imply obligations into contracts.  Reported at 137 Wash.App. 655, 155 P.3d 140 (2007).
  • In Re Valve Corporation.  Listed in the credits "Crack Legal Team" on the blockbuster video game Half-Life 2: Episode Two. See also MobyGames and IMDb (2007).
  • Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc., et al.  Trademark Trial and Appeal Board, United States District Court, Middle District of Tennessee 02-00046, United States Court of Appeals for the Sixth Circuit 05-5854 and the United States Supreme Court 06-772.  Prevailed in a three week bench trial dismissing three trademarks on the basis of functionality.  Reported at 461 F.3d 675 (6th Cir. 2006) and 127 S. Ct. 1373 (2007).  See also Trademark Law-Protection, Enforcement and Licensing, Second Edition, Wolters Kluwer 4-52 (2014) and Trade Dress Design Law (2014-2015).
  • In Re Valve Corporation.  Listed in the credits "Crack Legal Team" on the blockbuster video game Portal.  See also MobyGames and IMDb (2007).
  • T-Mobile USA, Inc. v. Swenson.  Washington State Superior Court, King County 05-2-34832-1SEA.  Prosecuted case on behalf of national wireless communications carrier against former chief operating officer. Prevailed in obtaining temporary restraining order, preliminary and permanent injunctions against misappropriation of trade secrets and other violations of non-competition agreements (2005-2006).
  • Corbis Corporation v. Spiral Matrix, et al.  World Intellectual Property Organization WIPO Case D2006-1304.  Arbitration of domain name dispute (2006).
  • T-Mobile USA, Inc. adv. Swenson.  United States District Court, Southern District of California 05cv2028BTM(WMC).  Prevailed in action in which former chief operating officer attempted to invalidate non-competition agreements under California law.  Reported at 415 F. Supp. 2d 1101 (S.D. Cal. 2006). 
  • CMSI, Inc. v. Pacific Cycle, Inc.  United States District Court, Western District of Washington CV6-00488 JLR.  Litigation of express reverse passing off trademark claims with respect to unauthorized importation of motor scooters (2006).
  • The Nautilus Group v. Savvier, Inc.  United States District Court, Western District of Washington CV04-5031RBL.  Obtained summary judgment for defendant Savvier dismissing trademark infringement case by maker of Bowflex exercise gym against longstanding Body Flex breathing and exercise program (2004-2006). 
  • Microsoft Corporation-Codec Piracy-Digital Millennium Copyright Act Enforcement.  Successfully shut down websites illegally posting Microsoft Codecs for Linux based operating systems under 17 U.S.C. §§ 512, 1201-1205, 1301-1332 and 28 U.S.C. § 4001(2006). 
  • Sundquist Homes Inc. v. Snohomish County.  United States District Court, Western District of Washington C02-1552L and affirmed by the United States Court of Appeals for the Ninth Circuit 06-23112.  Successful statute of limitation disposition of litigation under RCW 4.26.080(3) regarding impact fees that fall within the term "taxes" for purposes of the written protest requirements of RCW 84.68.020.  Reported at 276 F. Supp. 2d 1123 (W.D. Wash. 2003) and 166 F. App'x 903 (9th Cir. 2006).
  • Microsoft Corporation v. Google Inc.Dr. Kai-Fu Lee.  Washington State Superior Court, King County 05-2-23561-6 SEA.  Representing Microsoft in litigation against Google and Dr. Lee. Prevailed in obtaining a Temporary Restraining Order and Preliminary Injunction prohibiting Google and Dr. Lee from misappropriating Microsoft trade secrets or otherwise violating Dr. Lee's non-competition agreement (2005).
  • In Re NASCAR Kitsap County.   Primary Counsel on the $368 million NASCAR racetrack proposal for Kitsap County with the Washington State Governor’s office, the Washington State Legislature, the Kitsap County Commissioner’s office, the Kitsap Economic Development Council, Great Western Sports, the International Speedway Corp., and the Checkered Flag Club, for development of a NASCAR motorsports venue in Kitsap County, anticipated potential forecast to add a $4 billion boon to the state’s economy (2004-2007).
  • Microsoft Corporation v. Synergy6.  Washington State Superior Court, King County 03-2-12559-8SEA.  Litigated case on behalf of Microsoft, in conjunction with the New York State Attorney General, against the former “Spam King” successfully shutting down the world’s largest spam e-mail operation (2003-2005).
  • Microsoft Corporation adv. Google Inc., Dr. Kai-Fu Lee.  United States District Court, Northern District of California CV 05-030095.  Prevailed in defeating plaintiffs' attempt to invalidate Dr. Lee's non-competition agreement under California law.  Reported at 415 F. Supp. 2d 1018 (N.D. Cal. 2005). 
  • Tseng v. Home Depot and Wal-Mart.  United States District Court, Western District of Washington 2:2005-cv-00908-RSM.  Successful litigation of patent claims involving Christmas tree lighting systems resulting in a multi-billion dollar world wide market share precedent (2005).
  • In Re Valve Corporation.  Listed in the credits "Crack Legal Team" on the blockbuster video game Half-Life 2. See also MobyGames and IMDb (2005). 
  • Microsoft Corporation-Windows Source Code Leak-Digital Millennium Copyright Act Enforcement.  (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001).  Successfully shut down websites illegally posting Microsoft Windows Source Code (2005).
  • In Re 415 F. Supp. 2d - Volume 415 of the Federal Supplement, 2nd Series.  Rare against all odds honor to have two published opinions side by side in the Federal Supplement 2nd Volume 415.   415 F. Supp. 2d 1018 (N.D.Cal. 2005), C 05-03095, Google, Inc. v. Microsoft Corporation, and 415 F. Supp. 2d 1101 (S.D. Cal. 2006), 05cv2028BTM(WMC), Swenson v. T-Mobile USA, Inc.  Federal Supplement, 2d is a federal caselaw reporter series in West's National Reporter System, which covers opinions and decisions from 1998 to 2014 issued by U.S. District Courts.  Decisions issued by the United States Customs Court (now U.S. Court of International Trade) and Judicial Panel on Multidistrict Litigation are also included.  Cases published in this product series are enhanced with headnotes, Key Numbers and synopses prepared by an internal staff of highly trained attorney editors.  Though West has copyright over its original headnotes and keynotes, the opinions themselves are public domain and accordingly may be found in other sources, chiefly Lexis, Westlaw's competitor.  Lexis also copies the star paginated Federal Supplement numbering in their text of the opinions to allow for proper citation, a practice that was the subject of an unsuccessful copyright lawsuit by West against the parent company of Lexis (2005-2006).
  • Valve Corporation v. Sierra Entertainment & Vivendi Universal.  United States District Court, Western District of Washington C02-1683Z.  Prosecuted case focusing on distribution of retail packaged versions of Valve’s video games, including Half-Life, Half-Life 2, Counter Strike TM, Counter Strike and Condition Zero, in Cyber Cafes world-wide (2004-2005).
  • Kilbury v. Franklin County Board of County Commissioners.  Washington State Supreme Court 74549-8.  The Local Government Redistricting Statute.   No prior Washington State case has reviewed a challenge brought under RCW 29.70.100, the statute requiring local governments to “redistrict [their] governmental unit[s]” within eight months of receiving applicable population data from the federal decennial census.  Under RCW 29.70.100(3), Franklin County has long been divided into three commissioner districts-District I, a small district centered within the city of Pasco, and Districts II and III, larger districts, roughly equal in size, each  of which encompasses a portion of Pasco and extends northward into the county's rural areas. The three commissioner positions are filled on a rotating basis;  elections are held every two years, with two seats filled in presidential election years and the third seat in the midterm election.   Although commissioners must reside in the district that they represent and must be nominated in primary elections by the voters in their district, the three commissioners are elected by a countywide vote in the general election (2004).
  • Pacific Marketing International v. Thermos, Inc.  United States District Court, Western District of Washington CV03-1261JLR.  Prevailed in a two week jury trial in which Thermos obtained verdict dismissing claim of trade dress infringement made by owner of Stanley brand insulated bottle (2005).
  • Valve Corporation Source Code Leak-Digital Millennium Copyright Act Enforcement.  (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001).  Successfully shut down websites illegally posting Valve Source Code.  Valve is the creator of Steam, the pioneering game platform that distributes and manages thousands of games directly to a community of more than 65 million players around the world (2004).
  • Microsoft Corporation v. Lindows.com.  United States District Court, Western District of Washington C01-2115C.  Represented Microsoft in prosecution of trademark infringement action against manufacturer of LindowsOS operating system, including coordinated international litigation in Sweden, France, Belgium, Luxembourg, the Netherlands and Canada.   Reported at 319 F. Supp. 2d 1219 (W.D. Wash. 2004).
  • United States Department of Justice and the United States Judicial Intelligence Agency.  Handled qui tam actions and Grand Jury Investigations involving Medicaid and Medicare fraud including issuance management of over 275 Subpoenas under 50 U.S.C. §§ 831-835, Executive Order 12333, 46 FR 59941, 3 C.F.R, 1981 (1999-2003).
  • In Re The National Commission on Terrorist Attacks Upon the United States.  Special Assistant to Slade Gorton for the issuance of the final 9/11 Commission Report.  The commission interviewed over 1,200 people in 10 countries and reviewed over two and a half million pages of documents (2002-2004).
  • Microsoft Corporation adv. United States.  United States District Court, District of Columbia 98cv01232, 98cv1233 and United States Court of Appeals for the District of Columbia 00-5212.  Successful resolution of complex multi-district State and Federal Court antitrust litigation primarily based on the Sherman Act 26 Stat. 209, 15 U.S.C. §§ 1-2.  Reported at 84 F. Supp. 2d 9 (D.D.C. 1999), 87 F. Supp. 2d 30 (D.D.C. 2000), 97 F. Supp. 2d 59 (D.D.C. 2001), 253 F.3d 34 (D.C. Cir. 2001) and 224 F. Supp. 2d 76 (D.D.C. 2002).
  • Card v. City of Everett.  United States District Court, Western District of Washington C03-2385L, United States Court of Appeals for the Ninth Circuit 05-35996.  Successful litigation disposed by Summary Judgment and affirmed on appeal that the City's display of a six-foot tall granite monument inscribed with the Ten Commandments located at the Everett Old City Hall and current Police Station, erected in 1959, did not violate the Establishment Clauses of the Constitutions of the United States and the State of Washington as an unconstitutional state endorsement of religion and that the display at issue posed no threat to the religious freedoms of the citizens of Everett and its removal is not compelled by the First Amendment to the United States Constitution or Article I, Section 11 of the Washington State Constitution.  Reported at 386 F. Supp. 2d 1171 (W.D. Wash. 2008) (2002-2008).
  • People of the State of Washington v. Gary Leon Ridgway.  Washington State Superior Court, King County 01-1-10270-9 SEA.  Defendant Gary Ridgway was charged with the aggravated first degree murder with a death penalty notice of four victims of the ‘Green River killings.’  The Ridgway case has been described as like no other murder case, for two reasons.  First, law enforcement has associated nearly 50 victims with the Green River killings.  Second, the Green River Task Force, which investigated the case for about twenty years, created a record of about one million documents about the killings.  The State v. Ridgway case is unique. This case cost King County more in 2002 than the other aggravated murder cases reported by all counties combined.  In order to handle the distribution of the nearly one million documents that must be reviewed by both sides, the county consulted with Preston, Gates & Ellis to set up a database.  It was obvious that the creation of this database saved overall time and labor costs by facilitating efforts to obtain, copy, and review documents for potential evidence.  In a plea bargain that would spare him the death penalty in return for his confession and information regarding the details of the murders and locations of the bodies, Ridgway entered a guilty plea to 48 charges of aggravated first-degree murder.  For his crimes, King County Superior Court Judge Richard Jones sentenced Ridgway to 48 life sentences, to be served consecutively, with no possibility of parole (2001-2002).
  • In Re The Global Politics of Access to Low-Cost AIDS Drugs in Poor Countries.  In the high court of South Africa, (Transvaal Provincial Division) case no. 4138/98.  39 pharmaceutical manufacturers sued the government of South Africa to prevent the implementation of a law designed to facilitate access to AIDS drugs at low cost. The companies accused South Africa, the country with the largest population of individuals living with HIV/AIDS in the world, of circumventing patent protections guaranteed by the intellectual property rules that were included in the latest round of world trade agreements. The pharmaceutical companies dropped their lawsuit after an avalanche of negative publicity.  Former South African President Nelson Mandela, former U.S. President Jimmy Carter and Bill Gates Sr., father of Microsoft founder Bill Gates and co-chair of the Bill & Melinda Gates Foundation, called for greater access to AIDS drugs in South Africa, meeting with heads of state, government ministers, health workers, faith-based organizations, volunteers, private businesses and HIV-positive individuals to draw attention to the African epidemic.  See also National Library of Medicine National Center for Biotechnology Information - Kennedy Inst. Ethics J. 2002 Jun;12(2):159-74. DOI: 10.1353/ken.2002.0008 (1998-2002).
  • Baseball Stadium Litigation - Seattle Mariners.  Successfully defended the Washington State Major League Baseball Stadium Public Facilities District in over a dozen lawsuits challenging various aspects of the effort to build a new baseball stadium in Seattle. The lawsuits involved a range of issues, including various constitutional, environmental and condemnation issues. The cases were filed in four different counties and three of the cases went to the state supreme court.  All the litigation was done on an expedited basis and completed in about a year and a half (1999-2001).
  • In Re Seattle Tacoma International Airport Third Runway Litigation.  The Puget Sound Regional Council, the Port of Seattle, the Washington State Air Transportation Commission and the Federal Aviation Administration on the development and construction of a third runway which encountered substantial opposition from cities and communities neighboring the airport.  Its cost rose from a preliminary estimate of $217 million to more than $1 billion.  Multiple stages of complex litigation in State and Federal jurisdictions from inception to resolution (2000-2009).
  • Preston, Gates & Ellis - Paralegal Civil Trial Manual.  First published in 2001 and covering all aspects of proper trial preparation in State & Federal jurisdictions with emphasis on primary and secondary office locations and litigation practice groups.  Continuing Legal Education (2001-2021).
  • In Re Olympia Pipeline Explosion.  Washington State Superior Court, Whatcom County 99-2-01467-3, United States District Court, Western District of Washington 2:01-cr-00338 and Washington State Court of Appeals Division One 46682-81.  Successful investigation, litigation and resolution regarding the Olympic Pipeline explosion.  The disaster began as a pipeline was transporting gasoline from the Cherry Point refinery to terminals in Seattle and Portland, Oregon.  A pressure relief valve failed to open, which resulted in a surged pressure line rupture causing over 236,000 gallons of gasoline to spill into Hanna and Whatcom Creeks, which then exploded being visible from Vancouver to Anacortes with a fireball plume extending 30,000 feet (9,100m) into the air.  Whatcom Creek turned into a river of fire exceeding 2,000° F (1,090° C), resulting in three fatalities and massive property damage.  This case was the first time a pipeline company had been convicted under the 1979 Hazardous Liquid Pipeline Safety Act (49 U.S.C. § 6010) and culminated in the enactment of the Washington State Pipeline Safety Act.  Reported at 104 Wn. app. 338 (2002).
  • In Re United States of America Exclusive Economic Zone (“United States EEZ”).  Successfully negotiated resolution of incidents involving foreign fishing vessel incursions into the United States EEZ at the Russian Maritime Boundary Line in the Bering Sea and the Western/Central Pacific United States EEZ border including interception procedures of foreign fishing vessels in conjunction with the United States Coast Guard, the National Oceanic and Atmospheric Administration and the United States State Department on precursor enforcement agreements with Mexico and the United States / Russia shiprider agreement to aid EEZ enforcement in the Bering Sea (1998-1999).
  • In Re Washington State Bar Association - Office of the Disciplinary Counsel.  Primarily under Washington State Court Rules: Rules of Professional Conduct Titles 1 - 8 acting under delegated authority of the Washington Supreme Court, the Office of Disciplinary Counsel is the department of the Bar Association responsible for reviewing, investigating and prosecuting grievances about the ethical conduct of Washington lawyers.  After a confidential investigation, if disciplinary counsel believes there is evidence of an ethical violation or a lawyer’s disability, disciplinary counsel may refer a matter to  a review committee of the Disciplinary Board.  Among other things, a review committee may dismiss the matter, order further investigation, or order a hearing.  Disciplinary counsel may divert less serious matters to rehabilitative programs (1999-2001).
  • Microsoft Corporation adv. Sun Microsystems.  United States District Court, Northern District of California C 97-20884 RMW (PVT), United States District Court, District of Maryland JFM-02-2739 (MDL 1332), United States Court of Appeals for the Ninth Circuit 99-15046.  Successful resolution of complex multi-jurisdictional litigation regarding licensing, copyright and antitrust issues.  Reported at 999 F. Supp. 1301 (N.D. Cal.1998), 21 F. Supp. 2d 1109 (N.D. Cal. 1998) and 188 F.3d 1115 (9th Cir. 1999).
  • In Re Columbia Storage Power Exchange.  Special Assistant to Egil “Bud” Krogh focusing  on mediation of complex environmental and energy issues and serving as counsel to the Pacific Northwest Utilities Conference Committee and the Columbia Storage Power Exchange (Investor-Owned Utility Community, the Direct-Service Customers of Bonneville, the governments of Washington, Oregon, Idaho, Canada, BC Hydro, the United States and Canadian regulators)(1999-2002).
  • In Re Cesium Leaking Canister Exposure Litigation White Paper.  Cesium 137 (“Cs-137”) is used in small amounts for calibration of radiation-detection equipment, such as Geiger-Mueller counters.  In larger amounts, Cs-137 is used in medical radiation therapy devices for treating cancer; in industrial gauges that detect the flow of liquid through pipes; and in other industrial devices to measure the thickness of materials, such as paper, photographic film, or sheets of metal.  Cs-137 is produced by nuclear fission for use in medical devices and gauges.  Cs-137 also is one of the byproducts of nuclear fission processes in nuclear reactors and nuclear weapons testing. Small quantities of Cs-137 can be found in the environment from nuclear weapons tests that occurred in the 1950s and 1960s and from nuclear reactor accidents, such as the Chernobyl power plant accident in 1986, which distributed Cs-137 to many countries in Europe (1998).
  • In Re Double K Katy & Kathy Real Estate Transactions Database Software.  Conception and development of IBM based software program for real estate transactional law firms for managing complex and fast-moving real estate transactions with ease through powerful automation and robust workflows — from any device (1998-1999).
  • Gillette v. Optiva Corp.  United States District Court, Southern District of New York 98-civ-4070(RCC).  Represented manufacturer of Sonicare sonic toothbrush, in a three week jury trial, in false advertising lawsuit against Gillette, the manufacturer of the competing Braun-Oral B product (1999).
  • Williams v. Weyerhaeuser.  United States District Court, Western District of Washington.  Litigated national class action related to Weyerhaeuser hardboard exterior siding products (1998).
  • Richardson v. American Cemwood Corp.  California State Superior Court, San Joaquin County.  Litigated for national (excluding Colorado) class of Cemwood shake property owners.  The court approved a $105 million partial settlement with the manufacturer's parent company.  The remaining claims settled shortly before trial for an additional $83 million (1998).
  • In Re Spiff2000 Legal Case Management Software.  Conception and development of IBM based software program for State and Federal jurisdictions from initial commencement of action to final resolution.  Spiff2000 was designed for law firms of all sizes to manage their complex and fast-moving cases with ease through powerful automation and robust workflows — from any device (1997-1998).
  • Delay et al. v. Hurd Window Manufacturing Company. Washington State Superior Court, King County 97-CV-07371.  Alleged loss of Argon (Ar 39.948) and Krypton (Kr 83.798) from Hurd windows and doors due to the installation of breather or capillary tubes.  The case settled on the eve of trial for $5.3 million (1997).
  • Johnson et al. v. Amgen Boulder, Inc., et al.  United States District Court, Western District of Washington.  Successfully litigated a large class of limited partners that invested approximately $50 million to fund the development of a genetically-engineered molecule (Interleukin 1 receptor antagonist) with the world's largest biotech company.  The case settled shortly before trial for payments totaling up to $82 million (1997).
  • Riss v. Angel Washington State Superior Court, King County and Washington State Court of Appeals Division One 34211-8-I.  Decided by Washington State Supreme Court 63898-5 dealing with scope of restrictive covenants relating to use of real property and duties and responsibilities of homeowner association.  Reported at 131 Wn.2d 612 and 934 P. 2d 669 (1997).
  • In Re Legal Zoom.  Estate Planning Software Development on application compliance and interface regarding the Estate Plan Bundle, Last Will and Testament, Living Wills (Advance Healthcare Directive), Healthcare Power of Attorney, Living Trusts and Financial Power of Attorney (1997-1999).
  • In Re Louisiana Pacific Litigated one of the largest national construction products cases in history related to LP Inner Seal exterior siding.  To date over $450 million has been paid to claimants (1996).
  • Century Construction v. United States of America.  United States Court of Federal Claims 1-90-cv-00539.  Successful litigation and resolution of complex claims under 28 U.S.C. § 1491, The Tucker Act of 1887.  The Tucker Act grants jurisdiction over government contract money claims both for breach, and for relief under contracts in the form of equitable adjustment.  Judgment entered pursuant to Rule 68 awarding plaintiff the sum of $910,000.00, together with interest under 41 U.S.C. § 611:1.  Interest on the principal amount of $740,658.00 from and after January 27, 1989; and 2. Interest on the principal amount of $169,342.00 from and after February 5, 1991 (1990-1997).
  • Nintendo LTD and Nintendo of America General Counsel's Office handling Risk Management, Products Liability and Intellectual Property litigation worldwide including management of 3rd Party Subpoenas and Civil / Criminal Investigation Demands.  Nintendo has sold more than 4 billion video games and more than 637 million hardware units globally, including the current-generation Wii U, Nintendo 3DS and Nintendo 3DS XL, as well as the Game Boy, Game Boy Advance, Nintendo DS, Nintendo DSi and Nintendo DSi XL, Super NES, Nintendo 64, Nintendo GameCube and Wii systems.  Nintendo has also created industry icons that have become well-known household names such as Mario, Donkey Kong, Metroid, Tetris, Zelda and Pokemon.  Instrumental along with U.S. Senator Slade Gorton (R-Wash.), Nintendo CEO Hiroshi Yamauchi and Nintendo Chairman Howard Lincoln, in preserving the Seattle Mariners Baseball Team in Seattle and negotiating with the City of Seattle for a new stadium.  See also Game Over-Press Start to Continue, Random House, New York (1995), which details the history of Nintendo and its rise to become the most powerful electronic gaming company in the world, and the history of the worldwide electronic gaming industry as a whole from the 1960's to the 1990's (1992-1996). 
  • Caterpillar  adv. Willard.  Court of Appeal of California, Fifth District  F019296, from Superior Court of Kern County, No. 21451.  The case and jury trial focused on Design Defect and Negligence Claims regarding operation and start-up procedures of the 1955 Caterpillar model D7-C crawler tractor.  Reported at 40 Cal.App.4th 892 (Cal. Ct. App. 1995).
  • Nintendo of America, inc. v. NTDEC dba Nintendo Electronics Co.  United States District Court, District of Alabama CV91-300 TUC-JFB (WDB).  Enforcement of Intellectual Property Rights regarding 20-25 million counterfeit video games.  Reported at 822 F. Supp. 1462 (1993).
  • The Jockey Guild of America v. The American Horse Racing Association.  United States District Court, Central District of California 93-cv-21101.  Successfully litigated issues enabling world-wide off-track betting protocols for jockey compensation.  Action required same day timed coordination for perfection of service of process on every horse racing track in Canada, the United States and Puerto Rico (1993).
  • Atari Games Corp. v. Nintendo of America, inc.  United States District Court, Northern District of California; United States Court of Appeals for the Federal Circuit 91-1293.  Violation of the Sherman Act, Unfair Competition, Patent Infringement and Trademark Infringement focusing on the NES Game System.  Nintendo of America Inc., and Nintendo Co., Ltd. manufactured the Nintendo Entertainment System (NES).  NES was a home video game console that allowed individuals to play video game programs stored on video game cartridges.  Nintendo owned the copyrights in the source and object code for a program called 10NES.  The 10NES program facilitated a “lock” and “key” mechanism that allowed Nintendo to prevent its NES console from reading and playing video game programs on video game cartridges other than those that Nintendo had authorized.  Reported at 975 F.2d 832, 24 U.S.P.Q.2D (BNA) 1015, Copy. L. Rep. (CCH) P26,978, 1992-2 Trade Cas. (CCH) P69,969, 92 Cal. Daily Op. Service 7858, 92 Daily Journal DAR 12936 (1992).
  • Lewis Galoob Toys v. Nintendo of America, Inc.  United States District Court, Northern District of California C-90-1440 FMS & C-90-1586 FMS.  Copyright Infringement regarding the modified Game Genie game ad-on creating a derivative work.  Reported at 964 F.2d 964 and 780 F. Supp. 1283 (N.D. Cal. 1991).
  • Nissan Motors LTD and Nissan Motors of America.  Special assignment to the General Counsel's Office handling Breach of Warranty Department (1992). 
  • In Re Silicone Gel Breast Implants Products Liability Litigation.  United States District Court, Northern District of Alabama CV92-P-10000-S (MDL-926).  Managed Nation-wide Multi District Litigation including centralized War-Room, Brief Bank and Exhibit Repository including coordinated Medical Literature Research and Expert Witness intelligence and investigations (1988-1992).
  • United States Judicial Intelligence Agency.  Office of the Special Counsel Task Force, Pacific Division.  Investigation of the 35th Annual Tailhook Association Symposium in conjunction with the Office of the Judge Advocate for the United States Navy, the United States Air Force and the United States Marine Corps (1991-1992).
  • Macias v. The State of California.  Supreme Court of the State of California S039245.  This case focused out of the noted efforts of the State of California to eradicate periodic infestations of the Mediterranean Fruit Fly ("Medfly") through wide-scale helicopter spraying of the insecticide Malathion.  Three times over the last quarter century successive California State Governors, acting pursuant to their extraordinary powers under the Emergency Services Act (California Gov. Code § 8550 et seq.) have declared a state of emergency arising from conditions of "extreme peril" to the State's agricultural industry caused by discoveries of the Medfly infestations.  Litigation focused on alleged risks from exposure to Malathion spray.  Reported at 10 Cal. 4th 844, 897 P.2d 530 and 42 Cal.Rptr. 2d 592 (1995).
  • In re Washington Public Power Supply System Litigation (“WPPSS”).  Primary counsel for all West Coast defendants in the Washington Public Power Supply System Securities Litigation.  The case involved the largest municipal bond default, at that time, in US history – over $7 billion in principal and interest.  Representing cities and public utility districts, and their council members and commissioners, in multiple proceedings before various state and federal courts, the United States Court of Federal Claims and the United States Supreme Court.  Hundreds of defendants, represented by scores of lawyers, were sued in multiple class action lawsuits involving tens of millions of pages of documents, hundreds of depositions all around the country and thousands of pages of deposition and trial testimony.  This highly complex litigation culminated after a three month jury trial.  Reported at 471 U.S. 1075, 105 S.Ct. 2154, 85 L.Ed.2d 510 (1985-1994).
  • In Re The Christopher Commission.  In conjunction with O’Melveny & Myers and chaired by attorney Warren Christopher (who later became U.S. Secretary of State under President Bill Clinton) and in conjunction with Los Angeles City Mayor’s Office of Tom Bradley.  The Commission was created to conduct 'a full and fair examination of the structure and operation of the Los Angeles Police Department including its recruitment and training practices, internal disciplinary system, and citizen complaint system in the wake of the Rodney King incident.  The Christopher Commission found that only forty-two of 2,152 allegations of excessive force from 1986 to 1990 were sustained - or less than 2 percent (1991-1992).
  • Pease v. American Cyanamid Co.  United States District Court, District of Maryland Civ. No. JFM-91-1654.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 795 F. Supp. 755 (D. Md. 1991).
  • Daubert v. Merrell Dow Pharmaceuticals.  California State Superior Court, United States District Court, Southern District of California 84-2013-G(IEG) and 84-2929-G(IEG).  Bendectin Litigation.  The Daubert standard is a legal precedent set in the Supreme Court of the United States regarding the admissibility of expert witnesses' testimony during legal proceedings, primarily under Federal Rules of Evidence 702 and 703.  The Supreme Court identified several factors that a court may consider in deciding whether the methodology underlying an expert's opinion is sufficiently reliable, including whether it can be, and has been tested, whether it has been subject to peer review and publication, it's known or potential rate of error, the existence and maintenance of standards controlling its operation, and whether it is generally accepted in the relevant scientific community.  Reported at 711 F. Supp. 546 (S.D. Cal. 1989), 951 F.2d 1128 (9th Cir. 1991), 509 U.S. 579, 113 S. Ct. 2786 and 125 L. Ed. 2d.469 (1993).  See also CCH Prod. Liab. Rep. P13,014 and Rutter Group Practice Guide-Federal Civil Procedure Before Trial 14:177.
  • In Re Ethiopia Judicial System Participated in the reform of the Ethiopian Constitution and the Ethiopian Transitional Government as Special Assistant to Fulton “Bill” Haight, under advisor appointment to the new government, at the request of former U.S. President Jimmy Carter and in conjunction with the Rand Corporation, just months after the collapse of the nation’s Communist regime (1991).
  • In re Hanford Nuclear Reservation Litig. Toxic Tort litigation involving the United States Department of Energy (Office of Intelligence and Counterintelligence), the United States Environmental Protection Agency, and the Washington State Department of Ecology including review, analysis and databasing of over 30,000 boxes top secret and confidential documents, under Q and L security clearances, for litigation discovery and future Public Disclosure Act requests including participation in the RECA under 42 U.S.C. § 2210, 28 C.F.R. § 79 and Public. Law 101-426, for recompense to nuclear test victims which to date has approved more than 2 Billion in reparations (1990-1993).
  • In Re MASS-11 Word Processing VAX/VMS System - Microsoft MS-DOS 5.0 and 5.1, Windows 3.0 & 3.1.  Responsible for global system users on Mass-11 platform to IBM based environment running Microsoft MS-DOS 5.0 and 5.1, Windows 3.0 and 3.1.  Like its predecessors, the Windows 3.1 series ran as a shell on top of MS-DOS.  Codenamed Janus, Windows 3.1 introduced the TrueType font system as a competitor to Adobe Type Manager.  Its multimedia was also expanded, screensavers were introduced, alongside new software such as Windows Media Player and Sound Recorder.  File Manager and Control Panel received tweaks, while Windows 3.1 also saw the introduction of Windows Registry and add-ons.  Windows 3.1 could run more RAM, although it had also remained a 16-bit operating environment (1989-1992).
  • The Pharmaceutical Manufacturer’s Association, the National Research Defense Council and the United States Centers for Disease Control.  Participation in the formulation of epidemiological research protocols for documenting and assessing possible risk assessment exposures to the Acanthamoeba Keratitis virus in contact lens disinfecting solutions, for anticipated worldwide litigation defense coordination (1989-1991).
  • Graham v. Wyeth Laboratories, et al.  United States District Court, District of Kansas 85-1481-K.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 902 F.2d 1409 (E.D. Kan. 1990) and 906 F.2d 1399 (10th Cir. 1990).
  • California Courtroom Evidence Bench Book.  Third Edition.  Admitting and Excluding Evidence.  Joseph W. Cotchett and Fulton Haight.  Parker & Son Publications (1988).  LEXIS Law Publ. (1990).
  • Rosanne Barr v. The National Enquirer.  United States District Court, Central District of California.  Prosecuted case under federal racketeering statutes (Racketeer Influenced and Corrupt Organizations Act 18 U.S.C. § 1961-1968 (“RICO”)) charging copyright infringement, conspiracy, invasion of privacy and intentional inflection of emotional distress (1990).
  • Haight, Dickson, Brown & Bonesteel - Little Red Schoolhouse CLE Series.   Continuing Legal Education - California State & Federal Civil Procedure Yearly Series (1987-1990).
  • In Re Malathion Litigation.  Coordinated research and investigation on exposure to Organophosphate Carbamate Pesticides and Organophosphate Compounds, in conjunction with the California State Department of Health (1988-1989).
  • In Re The People’s Court - Skranski Matter.  Furniture sale and purchase litigation filed in Los Angeles County and selected for an episode of The People’s Court featuring Judge Joseph Albert Wapner (Appointed by Governor Pat Brown to the Los Angeles Municipal Court in 1959,  Wapner served two years before being elevated to the Los Angeles County Superior Court, where he served for 18 years before retiring).  The case settled on the eve of trial (1988).
  • Eli Lilly & Co.  adv. Jolly.  Supreme Court of California S.F. No. 25045.  Sindell market share liability 26 Cal.3d 588 [163 Cal.Rptr. 132, 607 P.2d 924, 2 A.L.R.4th 1061] which held that if a plaintiff could not identify the precise fungible drug manufacturer of the ingested drug, they could state a cause of action against the drug manufacturers of a substantial percentage of the market share of the drug under applicable Statute of Limitation remedies, if available.  Reported at 44 Cal.3d 1103 , 751 P.2d 923; 245 Cal.Rptr. 658 (1988).
  • Chapman v. American Cyanamid Co.  United States District Court, Northern District of Georgia, United States Court of Appeals, 11th Circuit 88-8000.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 844 F.2d 1108 (11th Cir. 1988). 
  • In Re Lexis Nexis Shepardizing.  First Place Award for Lexis Nexis Shepardizing Competition in California State on the dedicated Lexis Nexis UBIQ "Red Box" Terminal.  Shepardizing Is a term used in the legal profession to describe the process of using a citator to discover the history of a case or statute to determine whether it is still good law. The expression is derived from the act of using Shepard's Citations (1988).
  • Jones by Jones v. Lederle Laboratories Division of American Cyanamid Co.  United States District Court, Eastern District of New York 85 CV 949.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  The instant Complaint was filed in February 1985 in New York State Supreme Court, Suffolk County and timely removed in March 1985 under 28 U.S.C. § 1441 and 1446. Reported at 695 F. Supp. 700 (E.D.N.Y. 1988). 
  • United States Department of Health and Human Services, United States Centers for Disease Control, United States Court of Federal Claims.  Participation in The National Childhood Vaccine Injury Act (42 USC § 300aa-1 et, seq., Public Law 99-660) for the creation of the National Vaccine Compensation Program to insure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient no-fault forum alternative to traditional tort system for resolving vaccine injury claims (1986-1990).  See also Rutter Group Practice Guide-Federal Civil Procedure Before Trial 1:680.6, the Textbook of Pediatric Infectious Diseases and the Centers for Disease Control Epidemiology and Prevention of Vaccine-Preventable Diseases a.k.a. the “Pink Book” Appendix D.****
  • Geiser v. Wyeth Laboratories, et al.  United States District Court, District of Kansas 88-23412.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Design Defect issues.  Reported at 716 F. Supp. 520 (D. Kan. 1989).
  • in Re Doris Day Litigation.  [Rosenthal v. Wilner] Court of Appeals of California, Second District, Division Three B022120.  Appeal from Superior Court of Los Angeles County, No. C268010 judgment entered on March 31, 1975 in 13 consolidated cases in favor of Doris Day Melcher, the estate of her late husband Martin Melcher, her son Terrence Melcher and various family corporations (collectively the Melchers) and against Jerome Rosenthal (Rosenthal was the lawyer for Ms. Day’s husband, Marty Melcher) and various law firms and business entities with which Rosenthal had been affiliated which essentially absconded most of the money that Doris Day made during her acting career which was only discovered after Melcher died in 1968.  Ms. Day and her son filed their State Bar complaint against Rosenthal in December 1968.  The judgment held Rosenthal liable to the Melchers for legal malpractice, breach of fiduciary duty, fraud and abuse of process, and awarded them $26,396,511 including $1,000,000 in punitive damages.  Following a nearly twenty year delay, much of it caused by Rosenthal’s delaying tactics, the California Supreme Court ultimately disbarred him in 1987 (Rosenthal v. State Bar (1987) 43 Cal.3d 612.)  In the meantime, Ms. Day obtained a judgment against Rosenthal, a judgment that Rosenthal was able to tie up in the Court of Appeal for ten years (Day v. Rosenthal (1985) 170 Cal. App. 3d 1125.)  Reported at 197 Cal.App.3d 1327 (Cal. Ct. App. 1988).
  • Scholl v. Lederle Laboratories Division, et al.  United States District Court, District of Arizona 85-409.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Design Defect issues.  Reported at 684 F. Supp. 246 (D. Ariz. 1987).
  • Brown v. Superior Court.  California State Superior Court, San Francisco County and California State Supreme Court 25059.  Complex Pharmaceutical Litigation regarding Strict Liability, Design Defect and Failure to Warn based on Sindell Market Share and the Restatement of Torts 402A, Comment k.  Reported at 44 Cal.3d 1049, 751 P.2d 470 and 245 Cal.Rptr. 412 (1988).  See also Drug and Medical Device Products Liability Deskbook, page 26 and Rutter Group California Practice Guide-Civil Procedure Before Trial 6:129.15.
  • Abbot v. American Cyanamid Co.  United States District Court, District of Wisconsin 86-45327A.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 844 F.2d 1108 (4th Cir. 1988).  See also Drug and Medical Device Products Liability Deskbook, page 161.
  • MacGillivray v. Lederle Laboratories Division of American Cyanamid Co.  United States District Court, District of New Mexico 85-0422-JB.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 667 F. Supp. 743 (D.N.M. 1987) and 651 F. Supp. 993 (5th Cir. 1988).  See also Drug and Medical Device Products Liability Deskbook, page 162.
  • Wack v. Lederle Laboratories United States District Court, District of Ohio.  Pediatric Vaccine Litigation regarding Federal Preemption issues.  Reported at 666 F. Supp. 123 (N.D. Ohio. 1987).  See also Drug and Medical Device Products Liability Deskbook, page 161.
  • Shackil v. Lederle Laboratories Division of American Cyanamid Co.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues on Market Share Liability (Supreme Court of New Jersey).  Reported at 217 N.J. Super 601, 530 A.2d 1287, 116 N.J. 155 and 561 A.2d 551 (1987).  See also Drug and Medical Device Products Liability Deskbook, page 161.
  • In Re MGM Grand Hotel Fire Litigation.  United States District Court, District of Nevada MDL No. 453.  More than 1,350 legal claims were filed as a result of the fire, and most law firms in the Las Vegas Valley through the Los Angeles Basin were occupied with these cases in the 1980’s, seeking more than $2 billion in damages.  Reported at 570 F. Supp. 913 (D. Nev. 1983) and 660 F. Supp. 522 (D. Nev. 1987).
  • Patten v. Lederle Laboratories.  United States District Court, Utah Central District 85-C-0883G.  Pediatric Vaccine Litigation regarding Federal Preemption issues.  Reported at 655 F. Supp. 745 (D. Utah. 1987) and 676 F. Supp. 233 (D. Utah. 1987).  See also Drugs in Litigation 2012 and Drug and Medical Device Products Liability Deskbook, section 5.02-10.
  • Graham v. Wyeth Laboratories.  United States District Court, District of Kansas.  Vaccine Litigation regarding Federal Preemption issues.  Reported at 666 F. Supp. 1483 (D. Kan. 1987).
  • Foyle v. Lederle Laboratories.  United States District Court, District of North Carolina, Raleigh Division 85-1620-civ-5.  Pediatric Vaccine Litigation regarding Federal Preemption issues.  Reported at 674 F. Supp. 530 (E.D.N.C. 1987) and 863 F.2d 1173 (5th Cir. 1988).  See also Drug and Medical Device Products Liability Deskbook, page 161.
  • Percival v. American Cyanamid Co.  United States District Court, Western District of Oklahoma CIV-85-2671-P.  Vaccine Litigation regarding Learned Intermediary Rule including successful summary jury trial.  Reported at 689 F. Supp. 1060 (W.D. Okla. 1987).
  • Hurley v. Lederle Laboratories Division of American Cyanamid Co.  United States District Court, Eastern District of Texas, Beaumont Division.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 651 F. Supp. 993 (E.D. Tex. 1986) and 863 F.2d 1173 (5th Cit.1988).  See also Drug and Medical Device Products Liability Deskbook, page 161 and Rutter Group Practice Guide-Federal Civil Procedure Before Trial 1:641.
  • Crime Victims for Court Reform.  Coordinated research and White Paper regarding Justices Rose Bird, Joseph Grodin and Cruz Reynoso of the California State Supreme Court in conjunction with U.S. Senator Pete Wilson (R-Calif), California Governor George Deukmejian and U.S. President Ronald Reagan (1986).
  • Milam v. Lederle Laboratories Division of American Cyanamid Co.  United States District Court, Northern District of Texas CA-4-85-92-K.  Pediatric Vaccine Litigation regarding Federal Preemption issues (1986).
  • Toner v. Lederle Laboratories, et al.  United States District Court, District of Idaho.  Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Reported at 732 P. 2d 297, 112 Idaho 328, 779 F.2d 1429 (9th Cir. 1986) and 828 F.2d 510 (9th Cir. 1987).  See also Drug and Medical Device Products Liability Deskbook, page 503.
  • Morris v. Parke, Davis & Co.  United States District Court, Central District of California CV82-5296-RJK (JRx).  Vaccine Litigation regarding Learned Intermediary Rule and Federal Preemption issues.  Reported at 667 F. Supp. 1332 (C.D. Cal. 1986).
  • Kearl v. Lederle Laboratories.  California State Court of Appeals, First District, Division Four.  Pediatric Vaccine Litigation regarding Strict Liability, Design Defect and Failure to Warn issues.  Reported at 172 Cal. App.3d 812, 218 Cal.Rptr. 453 (1985).  See also Vaccine Research & Development, page 243 and Toxic Tort Litigation, page 414.
  • In Re Judge Laurence J. Rittenband Judicial Mentoring Program.  Judge Rittenband (1905-1993) was appointed to the Los Angeles County Municipal Court in 1961 by Governor Edmund G. (Pat) Brown, Sr., and then elevated the following year to the Los Angeles County Superior Court, Santa Monica West District, retiring in 1989 at 83 years old.  His legal career spanned 60 years, during which he presided over several much publicized cases, including Elvis Presley's divorce, Marlon Brando's child-custody battle, a paternity suit against Cary Grant, the Billionaire Boys Club murder trial of Joe Hunt, the criminal proceedings against Roman Polanski, and the Charles Manson criminal hearings (1981-1985).
  • In Re ABC Apple Kids Software Program.  Conception, development and creation of the Apple ABC children computer program for the Apple II, IIe, III, III Plus, Lisa, Lisa II and Macintosh Systems (1980-1982).
  • In Re Burroughs Corporation.  Instrumental in the  development of the Burroughs international SWIFT telecommunications network, the TT 100 printing and display system, the TR 100 Transaction recording system, the S 1000 encoding and proofing systems, the TC 600, TC 750, TC 1600, TC 2600, TC 3600 terminal computers, the TD 820 input and display terminal, the B 774 processor, the L 6000, L 8800, L 8900 series small computers, the B 1718 small computer, the B 4790 Medium system, and the B 7750 large processing systems (1974-1976).

*  The Hanford Site is a mostly decommissioned nuclear production complex on the Columbia River in the U.S., State of Washington, operated by the United States Federal Government. The site has been known by many names, including Hanford Works, Hanford Engineer Works or HEW, Hanford Nuclear Reservation or HNR, and the Hanford Project.  Established in 1943 as part of the Manhattan Project in the town of Hanford in south-central Washington, the site was home to the B Reactor, the first full-scale plutonium production reactor in the world.  Plutonium manufactured at the site was used in the first nuclear bomb, tested at the Trinity site, and in Fat Man, the bomb detonated over Nagasaki, Japan.

During the Cold War, the project was expanded to include nine nuclear reactors and five large plutonium processing complexes, which produced plutonium for most of the weapons in the U.S. nuclear arsenal.  Nuclear technology developed rapidly during this period, and Hanford scientists produced many notable technological achievements. Many of the early safety procedures and waste disposal practices were inadequate, and government documents have since confirmed that Hanford's operations released significant amounts of radioactive materials into the air and the Columbia River, which threatened the Health of residents and ecosystems.

The weapons production reactors were decommissioned at the end of the Cold War, but the decades of manufacturing left behind 53 million US gallons (200,000 m3) of high-level radioactive waste, an additional 25 million cubic feet (710,000 m3) of solid radioactive waste, 200 square miles (520 km2) of contaminated groundwater beneath the site and occasional discoveries of undocumented contaminations that slow the pace and raise the cost of cleanup.

The Hanford site represents two-thirds of the nation's high-level radioactive waste by volume.  Today, Hanford is the most contaminated nuclear site in the United States and is the focus of the nation's largest environmental cleanup.  While most of the current activity at the site is related to the cleanup project, Hanford also hosts a commercial nuclear power plant, the Columbia Generating Station, and various centers for scientific research and development, such as the Pacific Northwest National Laboratory and the Hanford Observatory.

See also Hanford Nuclear Site.

**  In C.J.L.G. v. William P. Barr, Ninth Circuit Court of Appeals 16-73801 (2019), a child was ordered removed without legal representation and the Panel affirmed the removal order.  In so doing, it issued the first federal circuit court opinion to hold that children can represent themselves in adversarial proceedings where significant legal rights are at stake.  As a result, thousands of children, including those fleeing horrific violence in Central America, will never have a meaningful opportunity to present their defenses to removal.  Children with counsel are five time more likely to be successful in immigration court than children appearing pro se -- 73 percent versus 15 percent.  

See also A Humanitarian Call to Action: Unaccompanied Children in Removal Proceedings Continue to present a Critical Need for Legal Representation.

 ***  Pro Bono Legal Assistance.  The commitment to pro bono work has been ingrained in K&L Gates culture since our early years, dating back to the legacy firms that gave root to what we are today.

“Yes, we do well for our clients.  But there is an additional obligation: to serve justice. That is the North Star of our profession.”

- William H. Gates, Sr.

See also K&L Gates Pro Bono Projects.

****  Pediatric Infectious Diseases and the National Childhood Vaccine Injury Act of 1986.  To enhance the health of infants, children and adolescents by promoting excellence in diagnosis, management and prevention of infectious diseases through clinical care, education, research and advocacy.  For decades, vaccine makers have been shielded from product liability lawsuits thanks to the National Childhood Vaccine Injury Act of 1986.  The law was passed after pharmaceutical companies were hit with lawsuits over a brain injury known as pertussis vaccine encephalopathy and threatened to quit making the DPT (diphtheria, pertussis and tetanus) vaccine altogether.  Under the 1986 law, people who claim to have been injured by DPT, hepatitis, influenza and other common shots bring their cases in a special, no-fault tribunal, the Vaccine Injury Compensation Program, known colloquially as “Vaccine Court.”  The forum is far from perfect, but over the years, it has awarded more than $4 billion to injured claimants.

See also JAMA DTP Vaccine Litigation Update Am J Dis Child. 1988.