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Michael R. Scott  
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Profile

After a nomadic "military brat" early life (ranging from first grade in Ankara, Turkey to high school in Honolulu, Hawaii), I enjoyed a seven-year stint on the Stanford Farm, where I earned degrees in Political Science, Biological Sciences, and Law. I clerked with HCMP while in law school, and joined the firm upon graduation. I was drawn to litigation by a number of factors, including the variety of types of cases we handle; the opportunities to use written and oral advocacy skills; and the emphasis on strategic and tactical thinking. Over the years I've been involved in a wide variety of commercial disputes in state and federal trial and appellate courts, and in arbitration and mediation forums. My 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. I also regularly serve as an arbitrator and mediator.

 

Professional Highlights

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 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.

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.

Chair of HCMP's Litigation Group.

 Recognized in 2002, 2003, 2004, and 2006 as one of the "Super Lawyers" in Washington by Washington Law & Politics, a local legal and professional publication.

Admitted to practice before the Washington State Supreme Court, the United States District Court for the Western District of Washington, the United States District Court for the Eastern District of Washington, the United States District Court for the District of Colorado, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

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Professional and Community Activities

American Bar Association: Litigation, Business Law, and Intellectual Property Law Sections.

Washington State Bar Association: Litigation Section.

King County Bar Association: Judicial Screening Committee.

QLaw: Judicial Evaluation Committee.

Pride Foundation: Board of Directors.

Bainbridge Island School Board: Former Director.

ElderHealth Northwest: Past President, Board of Directors.

Leadership Tomorrow, Class of 1991.

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Selected Publications and Presentations

Faculty for the 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, June 23, 2008.

Speaker at the Liability of Financial Advisors seminar, sponsored by The Seminar Group, October 31, 2005.

Speaker at the King County Bar Association Seminar on "Money Troubles:  Pursuing and Defending Claims Against Stockbrokers and Brokerage Firms," Thursday, November 8, 2001.

Author, "Alternative Dispute Resolution," March 1999.

Speaker, "Stockbroker-Customer Litigation: Duties, Claims, and Defenses," Securities Law Seminar, King County Bar Association, 1994 and 1996.

Speaker, "RICO After Sedima," Annual Meeting, Litigation Section, Washington State Bar Association, 1987.

Education

Stanford Law School, J.D., 1982.

Stanford University, A.B., Political Science, with distinction, 1979; B.S., Biological Sciences, 1979. Phi Beta Kappa.

Outside Interests

I usually spend my Bainbridge Island ferry commute with my nose buried 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 hike and bike, especially with my children - Anna, Elizabeth, and John.

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