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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 contract disputes. Mike also regularly serves as an arbitrator and mediator, and as a court-appointed special master.
In re AT & T Mobility Wireless Data Servs. Sales Tax Litig., 789 F. Supp. 2d 935 (N.D. Ill. 2011). I represented Washington customers of AT & T Mobility in this class action lawsuit that involved fees and taxes charged for “smart phone” use. After Internet-enabled mobile phones first arrived in the market, AT&T treated fees for Internet services like any other taxable service, collecting and remitting taxes to hundreds of state and local jurisdictions throughout the country, in violation of the Internet Tax Freedom Act. Class action lawsuits were filed across the country. These lawsuits were consolidated into one action, and the parties agreed to a settlement that was then approved by the U.S. District Court of the Northern District of Illinois. Pursuant to the settlement, taxes were refunded to millions of customers.
Innolux Corporation. I served as co-counsel for Innolux in a series of cases included in multi-district litigation against our client and a number of other manufacturers of LCD flat panel screens. The plaintiffs alleged that the defendants conspired to fix the prices of LCD panels from January 1, 1998 through December 1, 2006, in violation of federal and state antitrust laws.
Corrugated Technologies, Inc. v. Weyerhaeuser Company. I represented Weyerhaeuser in this complex software development and licensing dispute in federal court in San Diego.
Bristol-Myers Squibb Company. I represented 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.
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.
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.
Merrill Lynch, Pierce, Fenner & Smith Inc.; Salomon Smith Barney; and CIBC Oppenheimer Corp; Edward D. Jones & Co. I've handled a wide variety of securities cases for these and other clients in state and federal courts and before arbitration tribunals. I've also represented stockbrokers and securities compliance officers in connection with regulatory enforcement proceedings.
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.
Articles and Presentations
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.
Professional and Civic Involvement
City of Bainbridge Island, City Council Member, Deputy Mayor
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
Honors / Awards / Prior Experience
Repeatedly recognized by Best Lawyers®, most recently in 2016.
Repeatedly recognized as a Super Lawyer by Thomson Reuters' Washington Super Lawyers, most recently in 2015.
A/V Preeminent Lawyer 2014, Martindale Hubbell.
J.D., Stanford Law School, 1982
A. B., Stanford University, with distinction, 1979
B.S., Stanford University, 1979.
Phi Beta Kappa
Washington State Supreme Court
U.S. Supreme Court
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Western and Eastern Districts of Washington
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.