MEDIATION EXPERIENCE

[print-friendly]More than twenty-five years of experience mediating business and commercial disputes between parties in various industries, including breach-of-contract and business tort disputes, disputes arising out of the purchase and sale of businesses; intellectual property and patent disputes; various types of licensing disputes, including software and other technology-related matters; energy cases; international disputes; insurance coverage disputes; construction and government contracting disputes, including False Claims Act cases; disputes with or relating to state, local and/or federal governmental entities; copyright, trademark infringement and dilution disputes; reorganization and debtor-creditor disputes; trade secret and unfair competition disputes in high technology and other industries; law firm dissolution and legal malpractice claims; disputes involving family members, family-owned businesses, and estates; real estate-related disputes; franchise disputes; securities cases; and disputes relating to enforcement of employee non-competition and confidentiality covenants.

Examples include:

  • A dispute between a large hospital system and a PPO network over pricing and exclusivity obligations under a long-term participating provider agreement.
  • A dispute between a firm of architects, a law firm and an insurance brokerage firm involving malpractice and related claims.
  • A dispute between US and Australian parties arising out of a distributorship termination and related trademark claims.
  • A dispute between a general contractor and an electrical subcontractor arising out of a government contracting project for the U.S. Navy.
  • A trademark dispute between a manufacturer of fishing rods and a manufacturer of ski apparel.
  • A dispute between a Washington public utility district and a large industrial customer over alleged breaches of a long-term electric power purchase contract.
  • A contract dispute between an Alaskan-Native owned business and a consulting firm.
  • A dispute between the IRS and a taxpayer relating to appropriate discounts for a transfer of interests in a real-estate holding family LLC for gift tax purposes.
  • A dispute between owners of a small business in the Pike Place market.
  • A dispute between a public utility district and a large commercial customer relating to a cogeneration agreement.
  • An insurance coverage dispute arising out of the collapse of a concrete structure during a construction project.
  • A dispute between a city and the developer of a large, residential resort community project.
  • A dispute between the owners of a commercial dairy operation.
  • A dispute between competitors engaged in the internet marketing business.
  • A dispute between owners of a large hotel and one of the hotel’s principal retail business tenants.
  • A dispute between Chinese and U.S. participants arising from performance of a high-risk oil and gas farmout arrangement in an Asian republic.
  • A multi-party dispute between Canadian and U.S. parties relating to sale of a paper mill and attendant indemnification for environmental liabilities.
  • A multi-party federal court dispute involving securities, tort and legal malpractice claims relating to an eight-figure urban redevelopment bond issue.
  • A dispute between a city sewer utility and a county sewer utility arising out of an interlocal agreement for wastewater treatment services.
  • A dispute involving alleged breaches of a technology licensing agreement relating to plasma thrusters used to reposition satellites.
  • An action for alleged copyright infringement, trademark infringement, false designation of origin, state Consumer Protection Act violations and business torts relating to alleged sales of counterfeit and stolen software.
  • A complex multi-party dispute concerning enforcement of judgments arising out of a Montana construction project.
  • A contract dispute between a commercial airplane manufacturer and a parts supplier over pricing of spare vs. production parts.
  • Alleged breaches of a settlement agreement entered into in a federal court trademark infringement suit relating to trademarks and trade names used in the automotive industry.
  • A federal court copyright, trade dress and unfair competition suit involving certain recreational equipment.
  • Negotiated buy-out of shares in a privately-held company (wholesale insurance brokerage).
  • An employment termination and gender bias claim brought against a public agency.
  • An Indian gaming dispute between an Indian nation and a non-tribal lessor of gaming devices.
  • An energy contract dispute between a federal agency and a public utility involving alleged breaches of a long-term (20 year) electric power supply contract.
  • A contract dispute involving alleged breaches of a highly-compensated executive’s separation agreement MFN provision due to payments to others.
  • A complex dispute involving equitable defenses to enforcement of certain loans by an assignee.
  • A large international dispute between U.S., Australian and New Zealand parties involving alleged breaches of a licensing and manufacturing agreement, misuse of trade secrets and failure to pay royalties.
  • An eight-figure dispute between a seller and purchaser of allegedly defective SRAM memory modules.
  • A dispute between a wholesale supplier of electricity and one of its customers involving alleged breaches of a power purchase and sale agreement.
  • A legal malpractice action arising out of a law firm’s alleged failure to maintain patent protection on a high-technology product in Japan.
  • A dispute between a nationwide entertainment retailer and a designer of networked digital media devices involving alleged breaches of a purchase and non-disclosure agreement, and trade secret and tort claims.
  • A dispute between U.S. and Taiwanese parties relating to a military procurement contract.
  • A dispute between German and U.S. parties arising out of the sale of a paper mill.
  • A class action suit brought against a Washington county and several school districts for alleged unlawful imposition of development impact fees.
  • A patent and antitrust dispute involving parties involved in manufacturing medical diagnostics equipment.
  • A dispute between Japanese and Canadian parties involving patent, antitrust and reverse-engineering allegations relating to commercial printing presses.
  • A dispute between a golf course developer and a national golf tour.
  • A dispute between a German manufacturer of designer clothing and two prominent Northwest retailers involving antitrust, breach-of-contract, and business tort allegations.
  • A misrepresentation and securities dispute relating to acquisition of a grocery store chain.
  • A dispute between a landowner and several units of state and local government arising out of a flood.
  • A legal malpractice action related to alleged improper preparation of a will.
  • An action by a software company alleging violations of Washington’s Commercial and Electronic Mail and Consumer Protection Acts by a company alleged to be the world’s largest spammer.
  • A securities case involving claims that a defendant law firm was an “issuer.”
  • A dispute between parties from the U.S. and India arising out of an international sales contract.
  • A dispute between an Indian tribe and a supplier of electronic gaming equipment relating to a casino project.
  • A mediation between two Midwestern electrical generation and transmission cooperatives over disputes arising under a cost-sharing agreement related to operation of a nominal 350 MW coal-fired steam generating plant.

Hundreds of other cases, involving a wide range of issues, including broker-dealer and other securities disputes, real estate, franchise, valuation, employment, business purchase and sale, partnership and LLC disputes, insurance coverage, product piracy, international sales and licensing, intellectual property, energy, construction, and many other types of disputes.