Dennis M. Tessier - Litigation & Trial Consultant

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

Dennis M. Tessier

Senior Litigation & Trial Consultant at T & A LAW

T & A LAW - University of West Los Angeles

Seattle, Washington, United States

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, 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 Cold Cases & 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.

We Handle Cases World Wide.

Contact: den@dennistessier.com +1.206.683.8682

Legal Education

University of West Los Angeles School of Paralegal Studies | American 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 1987
National Academy of Medicine | Grateful Med / MedLine / MedLARS (Pharmaceutical Drugs & Devices Litigation) 1988
United States Centers for Disease Control | Pharmaceutical Epidemiology | Federal Public Practice Certificate Program (Pharmaceutical Drugs & Devices Litigation) 1989
National Court Reporters Association | NCRA Trial Evidence Presentation Certificate Program 2018
Arizona State Supreme Court | Caselines - CaseCenter Digital Evidence Platform Certificate Program 2020

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 Humanitarian of the Year Award
K&L Gates Pro Bono Service Award

Professional / Civic Activities

American Bar Association
American College of Epidemiology
American College of Trial Paralegals
American Trial Lawyers Association
American Society of Trial Consultants
Beverly Hills Bar Association
California Lawyers Association
Court Appointed Special Advocates
Defense Research Institute
Judicial Appointments Commission
K&L Gates Alumni Network
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
Lutheran Fraternities of America - District 1000
National Academy of Sciences - Academy Industry Program
National Institute for Trial Advocacy
O'Melveny & Myers Alumni Network
Pediatric Infectious Diseases Society
Real Estate Association of Puget Sound
Santa Monica Bar Association
Society for Epidemiologic Research
Starlight Foundation
Strook Alumni Network
Trial Lawyers College
Trial Lawyers University
United States Judge Advocates Association
United States Military Fleet Reserves 147th
United States Veterans of Foreign Wars 8093rd
United Way Foundation
Washington State Defense Lawyers Association
Washington State Trial Lawyers Association
Washington State Notary Public - Remote Online Endorsement

Continuing Legal Education Speaking Topics

2024 Federal Judicial Procedure and Rules Update
402A Comment k Restatement of Torts
Admissibility & Authenticity
Advance Waivers
Adverse Drug Effects
Adverse Reactions
Advice of Counsel Defense
Antitrust & Competition (Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914}
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
Back Door Litigation
Big Data Mining
Blind Studies
- Single
- Double
- Triple
Blockchain
Breach of Warranty
Bulletproof Subpoenas
Case Assessment
Case Management
- Tight Deadlines
- Difficult Clients
- Billing Requirements
- Demanding Workload
ChatGPT
Civil Investigative Demands, 18 U.S.C. § 1968 & RCW74.66.120
Civil Procedure Before Trial (California)
Civil Procedure Before Trial (Oregon)
Civil Procedure Before Trial (Washington)
Civil Procedure Before Trial (Federal)
Civl Rights Act of 1866, 42 U.S.C. § 1981
Civil Trials & Evidence
Class Actions, Fed. R. Civ. P. 23 & 28 U.S.C. § 114
Classified Spillage
Clayton Act of 1914
Climate Change
Climate Change - Medical Diagnosis
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
Conspiracy
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
CPT Codes - Current Procedural Terminology
Criminal Trials & Evidence
Cyber Civil Rights
Cyberstalking, 18 U.S.C. § 2261A
Cybersecurity Engineering
Databases & Discovery
Data Centers - Hydro
Data Centers - Land
Data Centers - Space
Declaratory Relief, 28 U.S.C. § 2201
Deep Dive Data
Deep-Fake Technologies
Defense Advanced Research Projects Agency
Demurrers
- General
- Special
Deprivation of Rights
Design Defects
Determination of Foreign Law
Digital Intelligence
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)
Emojis/Emoticons in E-Discovery & Litigation
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, 31 U.S.C. § 3729
False Claims Act Investigations, 31 U.S.C. § 3733
False Narratives
False Statements, 18 U.S.C. § 1001(a)(2)
FBI Form FD-1023
Federal Agencies
Federal Court Practice & Procedure
Federal Court Trials
Federal Custody; Remedies on Motion Attacking Sentence, 28 U.S.C. § 2255
Federal Rules of Evidence
Federal Trade Commission Act of 1914
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 Accounting
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
Gain of Function Research
Gaslighting
Gathering, Transmitting or Losing Defense Information, 18 USC § 793
General Data Protection Regulations
Geofence Warrants
Gorilla Case Management
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)
Intel Briefings
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
Intoxicology
Joint Representation
Joint Statement of Evidence
Kill and/or Capture
Land Use & Zoning
Lanham Act, 15 U.S.C. § 1051
Lawfare
Learned Intermediary Doctrine
Legal Errors & Omissions
Licensing
Limine Motions
Litigation Holds
Lobby Disclosure Act, Public Law 104-65-Dec. 19, 1995 109 Stat.691
Location Pinging
Maggot Mass
Malice
- Aforethought
- Express
- Implied
Market Share
Market Share Through Antitrust Litigation
Markman Hearings
Mass Torts Litigation
Media Blasts
Mediations
Medical Malpractice
Military Justice & Judge Advocates
Mobile Device Interrogation Software
Mock Trials
Motion Practice
Multi District Litigation
Narcotica
Narus Splitters
National Security Act, Title 50 U.S.C.
Near Field Communications ("NFC's")
Nuclear Energy & Regulation
Pediatric Infectious Disease & Prevention
Perpetuation of Testimony
Pharmaceutical Drugs & Devices
Pharmaceutical Risk & Liability
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 of 1890, 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
Standard of Card
State Court Practice
Stored Communications Act, 18 U.S.C. § 2701
Structured Settlements
Sub Rosa
Subpoenas - Bulletproof
Superlobby
Sweetheart Deals
Qui Tam Actions
Target Letters
Telecommunications
Temporary Restraining Orders
The Online Courtroom: Leveraging Remote Technology in Litigation
Timelines
Top Secret/Sensitive Compartmented Information ("TS/SCI")
Toxic Torts
Trial Evidence Presentation Technology
Trials
- Master Trial Plan
- Master Trial Checkoff List
- Trial Briefs
- Joint Statement of Evidence
- Bailiffs, Clerks & Judicial Assistants
- In-Court Technology
- War-Rooms
- Courtrooms
- Security
- Opening Statements
- Exhibits
  - Disclosures
  - Labeling
  - Tracking
- Demonstratives
  - Illustratives
- Experts
  - Reports
- Hot Seat
- Witnesses
  - Direct Examination
  - Cross Examination
  - Redirect Examination
  - Hostiles
  - Impeachment
  - Outlines
  - Scheduling
  - Trial Subpoenas
- Objections
  - My Little Red Rules Book
- Judges
  - Disqualification
  - Working Papers
  - Bench Orders
  - Courtroom Procedure
- Jurys
  - Panels
  - Bias
  - Research
  - Voir Dire
  - Jury Instructions
  - Polling
  - Shadow Jurys
  - Mock Jurys
  - Jury Consultants
- Closing Arguments
- Verdict Watch
- Record on Appeal
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
Quantum Computing
War-Rooms
Washington Silenced No More Act
Website Takedowns
White Papers
Witness Tampering
Workforce Activity Data Utility
World Intellectual Property Organization

Primary Practice Locations

Alberta
Albuquerque
Anchorage
Ann Arbor
Austin
Bakersfield
Basel
Baton Rouge
Beijing
Bel-Air
Bellingham
Berlin
Beverly Hills
Big Sur
Bogota
Boston
Brentwood
Brisbane
Brussels
Calabasas
Calgary
Century City
Charleston
Charlotte
Chicago
Culver City
Dallas
Daytona
Deltona
Desert Hot Springs
Detroit
Doha
Dresden
Dubai
Dublin
Dunsmuir
Edmonton
Fort Worth
Frankfurt
Fresno
Hanford
Harrisburg
Hong Kong
Honolulu
Houston
Huntington Beach
Kaanapali
Kansas City
Kharkiv
Kyiv
Kyoto
Laguna Beach
Lahaina
Lansing
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
Pasadena
Pasco
Perth
Pittsburgh
Pontiac
Portland
Quebec
Raleigh
Redondo Beach
Research Triangle Park
Richland
Riverside
Saint Kitts
San Diego
San Fernando
San Francisco
San Luis Obispo
Santa Barbara
Santa Clara
Santa Monica
São Paulo
Seattle
Seoul
Shanghai
Sherman Oaks
Singapore
Spokane
Stone Island
Studio City
Sydney
Tacoma
Taipei
Tarzana
Tasmania
Tokyo
Topanga
Toronto
Trenton
Tucson
Vancouver
Van Nuys
Venice
Ventura
Warsaw
Washington, D.C.
Wilmington
Zuma

Representative Work Highlights

In Re Hanford Nuclear Reservation. In conjunction with the Washington State Department of Ecology regarding the Research, Development and Demonstration Permit for the proposed 2,000-gallon Test Bed Initiative feasibility and efficacy of deploying a pretreatment system in Tank SV-101 in the 200 West Area (2024).*
In Re HB2166 Access to Portable Orders for Life-Sustaining Treatment. An Act Relating to Increasing Access to Portable Orders for Life-Sustaining Treatment (“POLST”) amending RCW43.70.480 and 70.122.130 [Representatives Paul and Shavers]. The POLST form is a Portable Physician Order form that describes the patient's care directions which represents a way of summarizing wishes of an individual regarding life sustaining treatment identified in an advanced directive such as a Health Care Directive or Durable Power of Attorney for Health Care. It is intended to go with the patient from one healthcare setting to another and includes Patient Wishes for Resuscitation, Medical Interventions, Antibiotics and Artificial Feedings (2024).
In Re Pneumococcal Conjugate Vaccine: What You Need to Know. 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 and the National Vaccine Injury Compensation Program under 42 U.S.C. § 300aa-26 (2023).
In Re Tdap (Tetanus, Diphtheria, Pertussis) Vaccine: What You Need to Know. In conjunction with the U.S. Department of Health and Human Services / Centers for Disease Control and Prevention regarding vaccine protection and Tdap disease information statement and the National Vaccine Injury Compensation Program under 42 U.S.C. § 300aa-26 (2023).
In Re Influenza (Flu) Vaccine Inactivated or Recombinant): What You Need to Know. In conjunction with the U.S. Department of Health and Human Services / Centers for Disease Control and Prevention regarding vaccine protection and Influenza disease information statement and the National Vaccine Injury Compensation Program under 42 U.S.C. § 300aa-26 (2023).
In Re COVID-19 Vaccine: What You Need to Know. In conjunction with the U.S. Department of Health and Human Services / Centers for Disease Control and Prevention regarding vaccine protection and COVID-19 disease information statement and the Countermeasures Injury Compensation Program ("CICP") (2023).
In Re Hanford Nuclear Reservation. In conjunction with the Washington State Department of Ecology regarding the State Waste Discharge Permit Renewal ST0004511 Miscellaneous Streams. This permit exists to control the discharge of wastewater streams to land on the Hanford Site and to prohibit practices that could increase, move, or spread existing groundwater contamination (2023).*
In Re Zoom Video Communications Privacy Litigation Settlement Distribution. 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 (2023).
In Re Hyundai and KIA Engine Litigation II. United States District Court, Central District of California 8:18-cv-02223-JLS-JDE. Class action litigation of alleged vehicle defects that can cause engine seizure, stalling, engine failure, and the possibility of engine fire. This litigation stems from an earlier case, In re: Hyundai and Kia Engine Litigation (“Engine I”), No. 8:17-cv-00838 (C.D. Cal.). The main relief in the settlement comes in the form of 15-year or 150,000-mile Extended Warranty coverage for “all costs associated with inspections and repairs, including replacement parts, labor, diagnoses, and mechanical or cosmetic damage caused by connecting rod bearing failure,” P1326 which will extend to all Class Vehicles that have completed the Knock Sensor Detection System (“KSDS”) software update (2023).
Garcia v. Washington State Department of Licensing. Washington State Superior Court, King County 22-2-05635-5-SEA. Class Action Litigation concerning Washington State Department of Licensing and a data breach (the "Data Breach") that the Department of Licensing announced February 2022 after one or more unauthorized individuals accessed or potentially accessed information stored on the Washington State Department of Licensing POLARIS professional licensing system, including Social Security numbers, drivers’ license numbers ands dates of birth. The Settlement Class includes: All individuals whose personal information was compromised in the Data Breach (2023).
In Re Hanford Nuclear Reservation. In conjunction with the U.S. Department of Energy and the U.S. Environmental Protection Agency regarding the 400 Area Fast Flux Test Facility Complex ("FFTF") which is a former nuclear research and test reactor built in the 1970's and shut down in 1993 placed in a long-term surveillance-and-maintenance condition. The FFTF is chemically and/or radiologically contaminated requiring hazard abatement (2023).*
Christian & Martinez v. Mad Anthony's. Washington State Superior Court, King County 22-2-0312-8 SEA. Class Action Settlement alleging Mad Anthony did not comply with Washington State wage and hour laws with respect to its non-managerial and/or non-exempt restaurant employees' missed meal periods and rest periods. The lawsuit contained two causes of action: (1) failure to compensate for missed meal and rest periods, and (2) double damages flowing from the first cause of action under RCW49.12 & 52.050 & 070, WAC296-126-092 (2023).
In Re Hanford Nuclear Reservation. In conjunction with the Washington State Department of Ecology regarding the Hanford Facility Resource Conservation and Recovery Act Permit, Revision 8C, that affects Treatment, Storage, and Disposal of Dangerous Waste for the Integrated Disposal Facility to operate two Leachate Collection Systems each with a working capacity of 1,420,000 L (375,000 Gal) in accordance with WAC173-303-830(4)(c) (2022).*
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 highly sophisticated 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).
City of Seattle adv. Zoe Adberg, et al. Washington State Superior Court, King County 20-2-14351-1. Resolution of litigation covering hundreds of interactions between protesters and law enforcement involving more than a million pages of records and upwards of 10,000 videos regarding 50 protesters who allege they were brutalized by the Seattle Police Department during the Black Lives Matter ("BLM") demonstrations in the summer of 2020 focusing on causes of action for wrongful death, personal injuries, civil rights violations, and public records act violations at the Capitol Hill Autonomous Zone ("CHAZ") later identified as the Capitol Hill Occupied Protests ("CHOP"). The CHOP grew out of protests over the May 2020 death of George Floyd where a series of clashes between BLM protesters and police prompted Seattle officials to withdraw officers from its precinct on Capitol Hill, and thousands of people flooded the area surrounding nearby Cal Anderson Park (2020-2024).
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).
John Douglas Letellier adv. People of the State of Washington. 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 RCW9.94A.575, Washington State Superior Court Criminal Rule 7.8(b)(5) and RCW36.27 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 with Theo Angelis for putting on a Bench or Jury 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).***
In Re Millennium Bulk Terminals-Longview (“Millennium”). Millennium sought to build the largest coal export terminal in North America, to be located in Longview, Washington, along the Columbia River. Millennium planned to build the facility in two stages, Stage 1 and Stage 2. An environmental impact statement (“EIS”) under the State Environmental Policy Act (“SEPA”), under chapter 43.21C RCW, analyzed the impacts of the facility based on the completion of Stage 2. As necessary for the project, Millennium applied to Cowlitz County for substantial development permits and conditional use permits filtering through Federal, State and Local jurisdictional hearing requirements culminating in litigation before Washington State Court of Appeals Division II 52215-2-II and the Washington State Supreme Court No. 98428-0 (2012-2020).
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).
U.S. Bank National Assoc. V. Bellevue Park Homeowners Assoc. Washington State Court of Appeals Division One Docket Number: 77368-2, appeal from Washington State Superior Court, King County 17-2-06928-1. Abolfazl Hosseinzadeh appealed the superior court’s summary judgment decision in favor of the Bellevue Park Homeowners Association (“HOA”). Hosseinzadeh challenged actions by the HOA members that vacated the board of directors and elected a new board. Because the members had authority to call a special meeting, attendees waived notice, more than a quorum attended, and Hosseinzadeh did not provide any evidence that participants failed to follow proper procedures, affirmed (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).*
In Re Washington Construction Law Deskbook. Contribution to the single-volume ready resource on every facet of construction law by the Washington State Bar Association. Chapter 1. Construction Contracting Parties and Their Legal Relationships (Thomas H. Wolfendale, Andrew W. Maron) and Chapter 15. Damages (Robert H. Crick, Jr., Jesse O. Franklin IV, Ellie Perka) (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 Defense of Class Action Litigation in Federal Court. Contribution to the over 1000 page volume which focuses on jurisprudence and practice under Federal Rule of Civil Procedure 23, the governing rule for class action practice in federal courts. Providing a nuts & bolts review of the myriad issues presented in class litigation from initial jurisdictional issues to responding to the initial pleading, to issues of class discovery, the class certification process, settlement, and appeal, Defense of Class Action Litigation in Federal Court also addresses certain specific types of federal class action litigation such as antitrust, class actions in federal bankruptcy courts, international and cross-border class actions, and mass tort class actions. Published by Bloomberg Law under ISBN 1682674061 & 9781682674062 (2018).
In Re Microsoft Corporation US1 Billion Equity Investment in OpenAI. Advising Microsoft on its US$1 billion equity investment in San Francisco-based OpenAI LP to build secure, trustworthy, and ethical artificial intelligence (“AI”) to serve the public. Through this partnership the companies will focus on building a platform that OpenAI will use to create new AI technologies and deliver on the promise of artificial general intelligence (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 RCW49.60.180 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 Watermark Estate Management Services. On call 24 Hour Emergency Protection and Restraining Order execution and enforcement for the Watermark Estate Management Services ("WEMS") primarily with the Medina Police Department and the King County Prosecuting Attorney’s Office. WEMS is part of the Gates Family Office and provides personal and professional services to Bill Gates and his family, including security, travel, personal services, hospitality, real estate, facilities, technology and administration (2017-2021).
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" and also a headline segment profiled on ABC News / Nightline on March 8, 2018 (2015-2018).
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 (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. See also Cyber Civil Rights Project (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, with David Lenci (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).*
In Re Amazon Internal Ethics Reporting Hotline. Responsible for creation and implementation of the yearly Board of Directors Meeting intake of entity wide anonymous internal compliance reporting hotline notifications regarding more than 1.6 million direct employees worldwide (2015-2016).
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 RCW49.60 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, with David Lenci (November 2014).
Microsoft Corporation adv. United States of America. United States District Court, Western District of Washington 2:15-cv-00102. Representing Microsoft in its dispute regarding the Petition to Enforce IRS Summons (2014-2019).
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. See also Anti-Human Trafficking Initiative (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 day to day operations of the Global K&L Gates EIR Practice Group covering all aspects of proposed and operational projects in Asia, Australia, Europe, the Middle East, North America and South America, focusing on Training, Media, Publications, Budgeting, 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 RCW61.24.127 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).
In Re K&L Gates Annual Firmwide Day of Service. The K&L Gates Global Day of Service provides a way for lawyers and staff at the firm to volunteer and make a difference in their local communities around the world, and was recognized by The American Lawyer magazine as the “Global CSR Initiative of the Year” in the publication’s 2014 Global Legal Awards (2013 -2020).
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 American Bar Association State Antitrust Practice and Statutes (FIFTH). Volume III, Washington State, Chapter 52. ISBN: 978-1-62722-751-3. Contribution to the three-volume treatise which systematically summarizes the substantive civil and criminal case law, procedure, practice, and statutes for each of the fifty states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands (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 Medical Devices Law and Regulation Answer Book. The legal framework for medical devices continues to undergo dramatic change. As the scientific landscape evolves, a seemingly endless stream of regulatory and compliance issues confront the device industry affecting business strategy and decision-making. In this challenging environment there’s a critical need for user-friendly and reliable guidance that covers the interrelated issues spanning FDA, government investigations, criminal prosecution, reimbursement, privacy, intellectual property, licensing, product liability, and preemption. The Medical Devices Law and Regulation Answer Book walks you through current regulatory requirements governing medical devices and describes every aspect from pre-market requirements for specific types of devices to post-market regulation and ongoing government enforcement and investigation and broadly follows the typical life cycle of a device and covers a broad range of topics, including many that are not commonly included in surveys of this field. Published by the Practicing Law Institute ISBN-10: 1402427743 (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 - Top 200 Video Games of All Time. Intellectual Property & Licensing Paralegal for 4 of the first 5 Top 200 Video Games of All Time Listed: 1) The Legend of Zelda, 2) Super Mario Bros., 3) Tetris, 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 and Nintendo Everything (2010).
In Re The University of Washington School of Law - LAW P509 / Antitrust & Intellectual Property Rights & Litigation Program. Special Assistant to Ramona Emerson, Hugh Bangasser and David Lenci, instructors at the University of Washington School of Law in the Antitrust & Intellectual Property aRights Litigation Program. This course examines how intellectual property laws and policies complement and conflict with antitrust/competition laws and policies. It analyzes how governments and IP owners assess the interplay of these laws during the course of creating, exploiting and/or transferring intellectual property rights, and the manner in which the competition law/intellectual property law interface plays out in the international arena. The course explores how courts and administrative agencies weigh and resolve disputes between IP rights holders and government authorities, competitors, and consumers in a variety of business contexts, such as refusals to license technology, product integration of various technologies and products, standards setting and patent pooling. A prior course in antitrust/competition law is recommended but not required. In the United States, Antitrust Law is a collection of mostly federal laws that regulate the conduct and organization of businesses to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization (2009-2021).
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, Game Bomb 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 with Rosemary Harnett (2001-2009).
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, 20^th 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, Game Bomb 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, Game Bomb 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 RCW4.26.080(3) regarding impact fees that fall within the term "taxes" for purposes of the written protest requirements of RCW84.68.020. 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).
City of Olympia v. Drebick. Washington State Court of Appeals No. 75270-2. Superior Court for Thurston County, No. 00-2-02152-3. The city of Olympia (“the City”) sought reversal of a decision that invalidated the City's calculation of a transportation impact fee imposed on a commercial developer. At issue is whether the City's impact fee ordinances comply with the impact fee statutes, RCW82.02.050 - 090, of the Growth Management Act (“GMA”), chapter 36.70A RCW. The Court held that, contrary to the city hearing examiner's interpretation, the GMA impact fee statutes do not require local governments to calculate an impact fee by making individualized assessments of the new development's direct impact on each improvement planned in a service area. Reported at 156 Wn.2d 289 (2005).
Microsoft Corporation v. Synergy6. Washington State Superior Court, King County 03-2-12559-8SEA and United States District Court, Western District of Washington 2:04-cv-00116. 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, Game Bomb 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 RCW29.70.100, 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 RCW29.70.100(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 (2004-2005).
In Re First Jury Trial in the New Seattle United States Federal Courthouse. The United States Courthouse in Seattle, Washington, is a federal courthouse and office building used primarily by the United States District Court for the Western District of Washington. When it opened on August 17, 2004, at a cost of $171 million, it replaced the historic William Kenzo Nakamura United States Courthouse, which has since been transferred to the United States Court of Appeals for the Ninth Circuit. The 23-story, 390-foot (120 m) tall building houses 18 courtrooms and 22 chambers and occupies a full city block along with a landscaped public plaza. It was designed by NBBJ and Magnusson Klemencic Associates with future expansion in mind and features engineering designed to withstand earthquakes, terrorism, and other possible threats. The General Services Administration awarded two design awards to the building in 2005 for design and construction excellence; it also received a commendation from the Seattle chapter of the American Institute of Architects for "advancing the quality of civic design” (2004).
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 Valve Corporation Steam Platform. Valve launches Steam, a digital PC game store. As of 2023, Steam has over 120 million active users and generated an estimated 8.6B in revenue. See also TECHNOLOGY 50 Years of Video Game Industry Revenues, by Platform (2003).
In Re William H. Gates Hall. William H. Gates Hall is an academic building of the University of Washington in Seattle, Washington which houses the School of Law. The building is named after late William H. Gates, Sr., a lawyer who served as a partner of the Preston Gates & Ellis law firm. Gates was a 1950 graduate of the UW School of Law (Dedicated September 12, 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).
In Re Microsoft Corporation Employee Stock Purchase Plan - United States Security and Exchange Commission. Counsel to Microsoft Corporation in connection with the registration with the Securities and Exchange Commission Form S-8 of shares of Microsoft’s common stock under the proceedings of the Board of Directors of Microsoft relating to the registration and proposed issuance of the common stock, the Articles of Incorporation of Microsoft and all amendments thereto, the Bylaws of Microsoft and all amendments thereto, and such other documents and matters (Exhibits 5.1 and 23.2) as we have deemed necessary (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 Preston, Gates & Ellis - Wall Street, Capitol Hill and K Street Team. Lobby efforts advising on legislative issues and government affairs. See also Capitol Punishment by Jack Abramoff published by WNDbooks in November 2011 (1998-2001).
In Re GameInformer Magazine - Top 100 Video Games of All Time. Intellectual Property & Licensing Paralegal for 25 of the Top 100 Video Games of All Time Listed: 1) The Legend of Zelda, 2) Super Mario Bros., 3) Tetris, 6) Metroid, 7) Final Fantasy III, 8) Super Mario Bros. 3, 11) The Legend of Zelda: Ocarina of Time, 12) Super Mario 64, 15) Chrono Trigger, 23) The Legend of Zelda: A Link to the Past, 29) Super Metroid, 30) Super Mario Bros., 35) Super Mario Kart, 39) Pokémon Red/Blue, 40) Final Fantasy II, 46) Super Mario World, 48) Castlevania, 49) Half-Life: Counter-Strike, 58) The Legend of Zelda: Link’s Awakening, 60) Donkey Kong, 650 Donkey Kong Country 2, 68) The Legend of Zelda: Majora's Mask, 76) Dr. Mario, 91) Mario’s Picross and 96). Tetris Attack, for the Nintendo Platforms and for the PC Market. 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 and G ameInformer Magazine (2001).
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). Bud Krogh, as Special White House Counsel to the Nixon Administration, was on assignment in the Oval Office when Elvis Presley paid a visit. Krogh served as the White House liaison to the Federal Bureau of Investigation and the Bureau of Narcotics and Dangerous Drugs and was also head of the White House Special Investigation Unit, charged with investigating information given covertly to the press by administration staffers. Bud Krogh and his associates were known familiarly as the "Plumbers" which were a secret team of operatives charged with fixing leaks (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 Washington Environmental Law Handbook. Written for a general audience that includes attorneys, land developers, businesses, and government officials, which provides a general overview of Washington's state and federal statutory and regulatory framework addressing recent environmental rulings, case law developments, and such key topics as the Growth Management Act, the State Environmental Policy Act, coastal zone management, shoreline regulation, critical area regulation, oil spill regulation, underground storage tanks, air and water quality, and natural resources damages. This handbook provides concise, easy-to-understand explanations of state compliance obligations including coverage of hazardous and solid waste disposal; air, water, and natural resources regulations; the state organizational structure; required permits and reports; the relationship between federal and state regulations; and more. Preston, Gates & Ellis, ISBN13: 9780865875562. Publisher: Government Institutes (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).
Omega Environmental Inc., ATS v. Gilbarco Inc. United States Court of Appeals, Ninth Circuit. Nos. 96-35153, 96-35172 and 96-35594. Appeal from the denial of its motion for judgment as a matter of law on each claim, from the $27,000,000 judgment, and from the fee award. Omega cross appealed the summary judgment on its Sherman Act § 1 claim, the denial of injunctive relief, and the reduction of the damage award review de novo the denial of a renewed motion for judgment as a matter of law, using the same standard as the district court. Judgment as a matter of law is appropriate when the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, which is contrary to the jury's verdict. Reported at 127 F.3rd 1157 (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 The Fremont Troll Intellectual Property Protection. The Fremont Troll located at North 36th Street and Troll Avenue North was a creation by four artists in 1990. The Fremont Arts Council wanted to do something under the Aurora Bridge (Officially called the George Washington Memorial Bridge) and launched an art competition to construct something unique, where the community actually voted on which project was going to be built. The Troll, which lurks under the bridge is clutching an actual Volkswagen Beetle. Since the Troll’s construction in 1991, the artists have reached litigation settlements when the Troll’s image was used without permission for other than news or personal purposes. Artists retain the rights to their work unless they negotiate or give them away (1991-1996).
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).
Cox v. Union Oil Co. of California. Texas Court of Appeals 09-94-324 CV. In the mid 1990's this US litigation claimed defects in Polybutylene plumbing systems. The premature failures in the USA, allegedly caused by Polybutylene, were due to the incorrect use of acetal fittings and poor joint assembly techniques. While no official ban exists in that market, in view of the outcome of the US litigation, Polybutene-1 or products from PB-1 are not sold for use in North America. Reported at 917 S.W.2d 524 (1996).
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).
In Re Grateful Med / MEDLARS / MEDLINE / MeSH. In conjunction with the U.S. National Library of Medicine (“NLM”) on implementing a physician-friendly interface to MEDLINE, a prime example of interest in making NLM information services more directly useful in medical care. By early 1986, NLM's Grateful Med, an inexpensive PC search interface to MEDLINE useful for health professionals, had joined the group of end-user systems for searching MEDLINE that emerged in the 1980s. Grateful Med's rapid iterative development and the subsequent campaign to bring it to attention of health professionals and the challenges faced by those introducing and using the interface in a pre-Internet world, and some longer-term effects of the effort to expand health professionals' use of MEDLINE (1986-1996).
In Re Violence in Video Games - U.S. Congressional Hearings. Special Assistant to Howard Lincoln, Vice President and General Counsel / Chairman of Nintendo of America, regarding testimony before the United States Senate Committees on Governmental Affairs and the Judiciary conducting hearings with several spokespersons for companies in the video game industry including Nintendo and Sega, involving violence in video games and the perceived impacts on children (1993-1996).
In Re Mudge Rose. Worldwide Litigation Point Person for the Law Office of Mudge Rose as Lead Outside Counsel. Coordination of West Coast and East Coast Litigation War Room Product Repositories and Case Management. Mudge Rose was a prominent New York City Law Firm tracing its origin back to 1869. Notables included U.S. President Richard Nixon, U.S. Attorney General John Mitchell and Assistant to U.S. Vice President Dick Cheney and U.S. President George W. Bush, Lewis "Scooter" Libby. Mudge Rose was located in the South Tower of the World Trade Center which was destroyed in the September 11, 2001 Suicide Terrorist Attack (1993-1996).
In Re Nintendo Internal Document Management Policy and Legal File Management System. Responsible for the design and implementation of the internal Legal Case File Management System and the internal Document Retention Management Policy, also referred to as a records retention policy, records and information management policy, recordkeeping policy, or records maintenance policy, which codifies the expectations for handling data from creation to destruction (1993-1996).
In Re Nintendo Litigation Defense. Point Person in the Nintendo General Counsel Office on current and potential Litigation issues consulting with Judge Robert Heron Bork (March 1, 1927 – December 19, 2012). Bork was a U.S. Court of Appeals Judge for the D.C. Circuit and also the United States Solicitor General that fired Watergate special prosecutor Archibald Cox during the “Saturday Night Massacre” in 1973 and whose failed nomination to the U.S. Supreme Court in 1987 sparked an enduring political schism over judicial nominations. See also Box II: 389 (Four Folders) United States Library of Congress (Bork Papers) (1993-1996).
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).
Nissan Motors LTD and Nissan Motors of America. Special assignment to the General Counsel's Office handling Breach of Warranty Department (1992).
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).
In Re Exxon Valdez Oil Spill Class Action. United States District Court, District of Alaska D.C. Nos. CV-89-00085-HRH, CV-89-00095-HRH, CV 3:91–CV-0082 (HRH) and 3:91-cv- 0083 (HRH), United States Court of Appeals, Ninth Circuit Nos. 97-35191 to 97-35192, 97-35193 and 97-35235. United States Supreme Court No. 07–219. The Exxon Valdez ran aground in March of 1989, spilling 11 million gallons of oil into Prince William Sound. The class consisted of 32,000 fishermen, Alaska natives, landowners, and others whose livelihoods were gravely affected by the spill. A class action jury trial was held in federal court in 1994. The jury returned an award of $5 billion in punitive damages. In 2001, the Ninth Circuit Court of Appeals ruled that the original $5 billion punitive damages verdict was excessive. In 2002, U.S. District Court Judge H. Russell Holland reinstated the award at $4 billion. In 2003, the Ninth Circuit again directed Judge Holland to reconsider the punitive damages award under United States Supreme Court punitive damages guidelines. In January 2004, Judge Holland issued his order finding that Supreme Court authority did not change the Court’s earlier analysis. In December 2006, the Ninth Circuit Court of Appeals issued its ruling, setting the punitive damages award at $2.5 billion. Subsequently, the U.S. Supreme Court further reduced the punitive damages award to $507.5 million, an amount equal to the compensatory damages. With interest, the total award to the plaintiff class was $1.515 billion. Reported at 270 F.3d 1215 (9th Cir. 2001), 236 F. Supp. 2d 1043 (D. Alaska 2002), 296 F. Supp. 2d 1071 (D. Alaska 2004) (1989-2006).
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 35^th 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 appointment with O’Melveny & Myers and chaired by attorney Warren Minor Christopher ((October 27, 1925 – March 18, 2011), who served as Deputy Attorney General from 1967 to 1969 under President Lyndon B. Johnson, served as Deputy Secretary of State under President Jimmy Carter, holding that position from 1977 to 1981, and 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 CEB California Civil Appellate Practice. An authoritative and practical guide on handling civil appeals that includes insightful judicial prospectives and strategic practice tips from appellate specialists across California. Contribution reflecting pharmaceutical defense litigation in Los Angeles County (1989, 1996; updated 2007).
In Re Federal Rules of Civil Procedure XLS & XLSX database. The Federal Rules of Civil Procedure govern civil proceedings in the United States district courts. The rules were first adopted by order of the Supreme Court on December 20, 1937, transmitted to Congress on January 3, 1938, and effective September 16, 1938. Microsoft Excel was first released in 1985. XLS is the default file format from Excel 97 to Excel 2003 while XLSX is the default file format for Excel 2007 and later. XLS is also the file extension for Microsoft Excel 5.0/95 Wordbook. XLSX is also the file extension for the Script Open XML Spreadsheet (1987-2020).
In Re Weingart Foundation. The Weingart Foundation is a Los Angeles California-based organization that provides grants and loans to progressive entities that focus on immigration, race relations, economic matters, and youth organizing. Since its inception, the Weingart Foundation has awarded more than $1 billion in grants and loans across California (1987-1990).
In Re Pediatric Vaccine Expert Witness Bank & Dispositive Brief Bank. Responsible for the setup, implementation and management, of a Nationwide Infant, Child and Adolescent Immunizations Expert Witness and Brief Bank Repositories for full litigation coverage in State and Federal jurisdictions including Chickenpox (“Varicella”), Diphtheria, Measles and German Measles (“Rubella”), Haemophilus Influenzae type b disease (“Hib”), Hepatitis B, Mumps, Pneumococcal disease, Polio (“Poliomyelitis”), Tetanus and Whooping Cough (“Pertussis”) (1987-2017).
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).
In Re Historical Use and Epidemiology of Organophosphorus Exposure White Paper. In conjunction with the National Academe of Sciences focusing on Initial compound discoveries dating back almost 2 centuries and sourced to the dye manufacturers of Basel Switzerland. Organophosphorus (“OP”) compounds are organic derivatives of phosphorus that have largely been used as pesticides and nerve agents. Tetraethylpyrophosphate was synthesized in 1854 as the first OP cholinesterase inhibitor. During 1934–1944, Gerhard Schrader, a German chemist at I. G. Farben industries and his coworkers synthesized about 2,000 OP compounds, including parathion as a pesticide and tabun, sarin, and soman as chemical warfare nerve agents. Although the nerve agents had been produced in Germany, they were not applied during World War II (“WWll”) At the end of WWII, the chemistry of OP compounds developed rapidly. Today, a wide range of OPs with a variety of biological properties are available for agricultural and public health usages including insecticides, nematocides, acaricides, and fungicides. As a result of the widespread use of OPs, OP exposure is a major cause of morbidity and mortality worldwide, especially in developing countries. OP exposure shows demographic, seasonal, and regional variations. However, the pattern of OP exposure is different in developed and developing countries (1989).
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).
In re Milken and Associates Securities Litigation. United States District Court, Southern District of New York No. SS 89 Cr. 41 (KMW). Securities fraud litigation against investment banking firm and its subsidiaries that were underwriters, marketers, and distributors of high yield securities and the Global Settlement related to over 180 federal and state court law suits against Michael R. Milken and a large number of settling individuals and settling partnerships comprising numerous former employees and affiliates of The Drexel Burnham Lambert Group, Inc. Reported at 759 F. Supp. 109 (S.D.N.Y. 1990) and 150 F.R.D. 57 (S.D.N.Y. 1993).
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.****
In Re Risk of Sudden Infant Death Syndrome after Immunization with the Diphtheria–Tetanus–Pertussis Vaccine. Epidemiological evaluation of immunization against Diphtheria, Tetanus, and Pertussis (“DTP”) as a possible risk factor for Sudden Infant Death Syndrome (“SIDS”) in study of the rates of SIDS after the administration of whole cell DTP vaccine in a dedicated cohort ultimately concluding that there was no increase in the risk of SIDS after immunization with the DTP vaccine (1987-1991).
In Re Trifecta Hat-Trick Regarding 3 Historic Multi Million Dollar Southern California Properties. The Barrington Plaza, the Hotel Angeleno and the Hotel Del Coronado. The Barrington Plaza located in Los Angeles was built in 1962 and was considered the largest rental property in the United States, The Hotel Del Coronado located in San Diego was built in 1888 and is considered the premier living legend for more than 130 years, and The Brentwood Bel-Air Holiday Inn NKA The Hotel Angeleno built in 1970 (1998).
Geisler 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.
In Re International Association of Defense Counsel Trial Academy. Special Assistant to John Clough (1932-2008) as Founder and First Director of the International Association of Defense Counsel Trial Academy ("IADC") located at the Stanford University Law School. The IADC is one of the oldest and most respected programs for developing defense trial advocacy skills (1987-1990). See also https://www.iadclaw.org.
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.
In Re Simon Wiesenthal Center Los Angeles. Primary lead original sourced documentation research assignment regarding Historical Organophosphate Compounds [Organophosphates are chemical compounds formed through the esterification process involving phosphoric acid and alcohol chemicals which serves as primary components in herbicides, pesticides, and insecticides and have extensive application in manufacturing plastics and solvents] tracing from Dye Manufacturing originating in Basel Switzerland [In 1758, Johann Rudolf Geigy-Gemuseus (1733-1793) founded the trading company J.R. Geigy to deal in Materials, Chemicals, Dyes and Drugs of all Kinds. In 1859, Alexander Clavel (1805-1873) took up the production of Fuchsine, also known as rosaniline hydrochloride and magenta I, as one of the many coal-tar dyes synthesized by Emil and Otto Fischer as first reported in 1878, a synthetic dye, in silk dyeing] through World War II development of Zyklon A, B & C manufacturing [Research at Degesch of Germany led to the development of Zyklon as a pesticide that released hydrogen cyanide upon exposure to water and heat. I. G. Farbenindustrie AG, a dye industry syndicate, commonly known as IG Farben, was a German chemical and pharmaceutical conglomerate which was formed in 1925 from a merger of six chemical companies: Agfa, BASF, Bayer, Chemische Fabrik Griesheim-Elektron [de], Hoechst, and Weiler-ter-Meer, which was seized in by the Allies after the War and split into its constituent companies; parts in East Germany were nationalized. See also Historical Organophosphate Compounds (1987).
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.
In Re 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 (1987).
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 (1984-1985).
In Re Research Assistant to Justice Bernard S. Jefferson, University of West Los Angeles. In 1959, then-California Governor Edmund G. (Pat) Brown, Sr., appointed Jefferson to the Municipal Court. One year later, he was elevated to the Los Angeles Superior Court, and in 1975 was elevated to the Second District Court of Appeals, Division One. He became the Presiding Justice of Division One in 1980. During his long and distinguished career, he served as a pro tem appointee on the California Supreme Court, and authored the California judiciary's best known and most authoritative and frequently cited evidence book, The California Evidence Benchbook ("Benchbook"), known throughout the California judicial system as the “Bible” of evidence for judges, the Benchbook has been cited in well over 300 appellate cases. After retiring from the bench, Jefferson became the associate dean of academic affairs for The University of West Los Angeles School of Law and went on to serve as president of the school from 1982 to 1992 (1985-1988).
In Re Law Office of Melvin Belli. Special Case Assignment Paralegal via The University of West Los Angeles at the Santa Monica Office. Melvin Mouron Belli (July 29, 1907 – July 9, 1996) was a prominent United States lawyer, writer, and actor known as "The King of Torts" and by insurance companies as "Melvin Bellicose". He had many celebrity clients, including Zsa Zsa Gabor, Errol Flynn, Chuck Berry, Muhammad Ali, The Rolling Stones, Jim Bakker and Tammy Faye Bakker, Martha Mitchell, Maureen Connolly, Lana Turner, Tony Curtis, and Mae West. During his legal career, he won over $600 million in damages for his clients. He was also the attorney for Jack Ruby, who shot Lee Harvey Oswald days after the assassination of President John F. Kennedy (1985-1988).
Stuart v. Federal Energy Systems, Inc. United States District Court, District of Vermont Civ. A. No. 82-261. Violation of the United States Federal Trade Commission (“FTC”) Franchise Rule, 16 CFR Parts 436 and 437, regarding licensed franchise energy management technology. The Stuart decision has been interpreted by almost all courts as holding that where the state long-arm statute extends to the limit of due process, the exercise of jurisdiction over corporate officers who individually have had minimum contacts with the forum is permissible, even if those contacts were made in their capacity as corporate officers. Reported at 596 F. Supp. 458 (D. Vt. 1984). See also the 1984 and 1985 United States Federal Trade Commission Reports and National Society for Professional Engineers / Environmental Science and Technology / Environ. Sci. Technol. 1982 (1982, 16, 3, 202A)(1984).
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 Holidex Computer Systems. Terminology development for the Holiday Inn “Holidex” Computer Systems. In the 1960s-1970s, Holiday Inns partnered with IBM to develop a computer reservation system. Holidex originally went online in 1965 as the world's largest commercial computerized communications network. The Holidex system, which allowed customers to book rooms instantly at any Holiday Inn in the country, was an immediate success. It centralized corporate data, streamlined operations, and set a new industry standard for reservation systems (1973-1983).
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.

*** 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.