Michael R. Scott

Michael R. Scott


Direct: 206.470.7616

Main: 206.623.1745

Fax: 206.623.7789

Phone: 206.470.7624

Professional Overview

Mike is the Chair of the firm’s Litigation Group. His practice focuses on litigation involving a wide variety of commercial disputes in state and federal trial and appellate courts, and in arbitration and mediation forums. His cases have encompassed the following areas: securities litigation; patent, trademark, and copyright infringement; software quality disputes; employment discrimination and wrongful discharge; product liability; unfair competition and antitrust; real property and environmental litigation; and contract disputes. Mike also regularly serves as an arbitrator and mediator, and as a court-appointed special master.

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  • Ingersoll v. Arlene’s Flowers: I represented plaintiffs Ingersoll and Freed in this case, where the Washington Supreme Court unanimously found that a florist violated Washington State’s anti-discrimination and consumer protection laws when she refused to sell flowers to a gay couple for their wedding. In its ruling the Supreme Court said, “We agree with Ingersoll and Freed that ‘[t]his case is no more about access to flowers than civil rights cases in the 1960s were about access to sandwiches.’ ... As every other court to address the question has concluded, public accommodations laws do not simply guarantee access to goods or services. Instead, they serve a broader societal purpose: eradicating barriers to the equal treatment of all citizens in the commercial marketplace. Were we to carve out a patchwork of exceptions for ostensibly justified discrimination, that purpose would be fatally undermined."
  • Innolux Corporation.  I represented Innolux Corporation and its affiliates in state and federal courts in Washington, California, and Texas in antitrust and unfair trade practices cases arising out of an alleged international conspiracy to fix the prices of liquid crystal display screens. The cases were successfully resolved.
  • Credit Suisse Securities (USA) LLC: I represent Credit Suisse in cases brought by the Federal Home Loan Bank of Seattle and the Federal Home Loan Bank of Chicago for rescission and damages under the Securities Act of Washington. The Banks alleged misrepresentations in connection with their purchases of over $300 million in residential mortgage backed securities.
  • In re AT&T Mobility Wireless Data Servs. Sales Tax Litigation. I represented the Washington class of plaintiffs in federal multidistrict class action litigation arising out AT&T Mobility’s collection of taxes on internet access through iPhone data plans, Blackberry data plans, other smart phone data plans, laptop connect cards, and pay-per-use data services, in violation of the Internet Tax Freedom Act. The settlement of the case resulted in the recovery of over $20 million for Washington class members. In re AT & T Mobility Wireless Data Servs. Sales Tax Litig., 789 F. Supp. 2d 935 (N.D. Ill. 2011).
  • Bristol-Myers Squibb Company. I represent Bristol-Myers Squibb in pharmaceutical products liability cases in Washington State, including class action cases and individual cases. In LaMontagne vs. Bristol-Myers Squibb Company, 127 Wn.App. 335, 111 P.3d 857 (2005), we successfully argued that plaintiffs’ claims should be dismissed on summary judgment because the warnings in the pharmaceutical package insert were adequate as a matter of law.
  • Merrill Lynch; Citi; J.P. Morgan; Edward D. Jones & Company; Oppenheimer; Fidelity; and D.A. Davidson & Co.: I have handled a wide variety of securities cases for these and other clients in state and federal courts and before arbitration tribunals of various regulatory organizations. I've represented stockbrokers and securities compliance officers in connection with regulatory enforcement proceedings. I also regularly serve as an arbitrator and mediator in securities cases.
  • Zymogenetics, Inc. v. Immunex Corporation. I was co-counsel for defendant Immunex Corporation in this biotechnology patent infringement case. The case involved the novel use of a neutral expert to provide the court with a tutorial on the biotechnology involved in the litigation. The case was favorably resolved pursuant to a license agreement.
  • Mitsubishi International Corporation; Weyerhaeuser Company; Merrill Lynch, Pierce, Fenner & Smith Inc.; Citigroup Global Markets, Inc.; Edward D. Jones & Company; NCR Comten Corporation; Horizon Air; Princeton Packaging Corporation; Armored Transport; and JAMCO America Inc. We have handled numerous employment matters for these clients, in cases in state and federal courts and before the Equal Employment Opportunity Commission, Washington State Human Rights Commission, Washington State Department of Labor and various other administrative and arbitration tribunals.
  • Cascade Airways v. Horizon Air Industries, Inc. I represented Horizon Air in this $78 million RICO and securities fraud case brought in federal district court in Spokane, which was dismissed on our motion for summary judgment. The dismissal was affirmed by the Ninth Circuit Court of Appeals.
  • In-N-Out Burgers v. Top Notch Burger, Inc. I represented In-N-Out Burgers in this action for trademark, service mark, and trade dress infringement.
  • Merrell Dow Pharmaceuticals Inc. I represented Merrell Dow in over 30 Bendectin cases filed throughout Washington State. Two of the cases were consolidated in federal district court in Tacoma for a four-week jury trial, which resulted in a defense verdict. All of the other cases were settled for nominal amounts.
  • Cutshaw v. Weyerhaeuser Co.: I represented Weyerhaeuser Company in an action brought by 242 residents and property owners in Aberdeen, Washington, involving Weyerhaeuser's Cosmopolis Mill. Plaintiffs asserted claims under the Model Toxics Control Act, the Hazardous Waste Management Act, and Washington air pollution regulations, along with a variety of traditional tort claims. A jury verdict on the claims of the first 22 plaintiffs awarded those plaintiffs less than one-tenth the total amount of damages sought. Appeals were filed by plaintiffs and Weyerhaeuser, and a favorable settlement was reached soon thereafter.
  • Panel Member, Seminar hosted by the Seattle University Chapter of The Federalist Society for Law & Public Policy Studies – Co-Presenter of discussion:  Photos, Flowers, and Cakes: Religious Liberty for Wedding Vendors in the Wake of Obergefell, October 14, 2015.
  • Keynote Speaker, Legal Clinic Training hosted by QLaw, the GLBT Bar Association of Washington: Florists, Photographers, Bakers & Same-Sex Weddings – the Law, Defenses, and Impact of Arlene’s Flowers on Clients, Counsel, and the Community, April 10, 2015.
  • Panelist, University of Washington School of Law Diversity Week panel discussion about Arlene’s Flowers, February 26, 2015.
  • Faculty, CLE seminar "16th Annual NW Dispute Resolution Conference," presented by the University of Washington School of Law. Co-Presenter addressing Resolving Investment Disputes: A Guide to Investor Claims and How to Settle Them, May 2, 2009.
  • Faculty, CLE Seminar "Securities Fraud: Prosecuting and Defending Securities Fraud Claims & Defense of Regulatory Action," presented by the National Business Institute. Speaker addressing the Subprime Mortgage Crisis and Emerging Securities Vehicles and participant in a panel discussion on Ethics: Prevent Becoming a Defendant, 2008.
  • Speaker, Liability of Financial Advisors seminar, sponsored by The Seminar Group, October 31, 2005.
  • Kitsap Economic Development Alliance, Board Member
  • City of Bainbridge Island, City Council Member
  • King County Bar Association (Judicial Screening Committee)
  • Washington State Bar Association (Board of Examiners, Court Rules and Procedures Committee, and Litigation Section)
  • American Bar Association (Litigation, Business Law, and Intellectual Property Law Sections)
  • QLaw, Judicial Evaluation Committee
  • Pride Foundation, Board of Directors
  • Bainbridge Island School Board, Former Director
  • ElderHealth Northwest, Past President and Board of Directors
  • Leadership Tomorrow, Class of 1991
  • Member, Puget Sound Regional Council Growth Management Policy Board
  • Member, Puget Sound Clear Air Agency Advisory Council
  • Member, Greater Seattle Business Association
  • King County Bar Association President's Award 2015.
  • Seattle Business Magazine Community Impact Award 2015.
  • Repeatedly recognized by Best Lawyers®, most recently in 2018.
  • Repeatedly recognized as a Super Lawyer by Washington Super Lawyers, as well as ranked among the Top 100 Super Lawyers in Washington state.
  • A/V Preeminent Lawyer 5.0, Martindale Hubbell.
  • J.D., Stanford Law School, 1982
  • A. B., Stanford University, with distinction, 1979
  • B.S., Stanford University, 1979.
         Phi Beta Kappa

I usually spend my Bainbridge Island ferry commute absorbed in a book. I have a longstanding interest in German language and literature, and have been fortunate to live and travel in Germany on a number of occasions. I love to cook, run, hike, and bike.

  • German