Crowder v. LinkedIn

U.S. District Court for the Northern District of California
Leading defense of LinkedIn in a putative class action alleging monopolization, attempted monopolization, and unreasonable restraints of trade in violation of Sections 1 and 2 of the Sherman Antitrust Act.

In re: Crop Inputs Antitrust Litigation

U.S District Court for the Eastern District of Missouri
Leading defense of Simplot AB Retail in multidistrict, multidefendant putative class action litigation alleging collusion between crop inputs manufacturers, wholesalers, and retailers to boycott an alleged e-commerce platform.

HTC v. Ericsson

ICC Arbitration
Leading cross-office and cross-disciplinary team on behalf of HTC challenging whether Ericsson’s licensing of cellular standard essential patents for smartphones violated Sections 1 and 2 of the Sherman Act, Ericsson’s fair, reasonable, and nondiscriminatory (FRAND) obligations, the parties’ license agreement, or resulted in unjust enrichment.

Anacor Pharmaceuticals v. Valeant Pharmaceuticals Inc.

JAMS Arbitration in San Francisco, CA 
Obtained an award of $100 million plus fees and costs for pharmaceutical company in an arbitration involving trade secret misappropriation, breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competition claims.

Advanced Technology Laboratories (ATL) v. Acuson Corporation

U.S. District Court for the Western District of Washington
Counsel to plaintiff ATL in Lanham Act - false advertising and unfair competition claims. Case resolved successfully in private trial. Injunction entered in federal court in favor of client.

Alakayak v. All Alaskan Seafoods Inc., et al. (Bristol Bay Salmon Antitrust Litigation)

Superior Court of Alaska
Defended alleged price-fixing claims brought by class of Bristol Bay salmon fishermen. Client settled during trial. 48 P.3d 432 (Alaska 2002)

Albertson's Inc. v. Pepsi-Cola Bottling Company of Walla Walla

U.S. District Court for the Eastern District of Washington
Counsel to plaintiff Albertson's in treble damages antitrust action alleging price fixing.

Anderson v. The Baseball Club of Seattle d/b/a The Seattle Mariners, et al.

U.S. District Court for the Western District of Washington
Defending challenge to regulation of ticket scalping.

Arizona Laborers, Teamsters and Cement Masons Local #395 Pension Trust Fund v. Coopers & Lybrand LLP

Court of Appeals of Arizona
U.S. Supreme Court of Arizona
Represented Coopers & Lybrand LLP in a fraud and racketeering suit concerning The Mercado project in downtown Phoenix. Obtained affirmance of summary judgment on corporate fraud and conspiracy claims on statute of limitations grounds.

Arizona Project SLIM Investigation

Attorney General's Office of Arizona
Represented Coopers & Lybrand in connection with investigation of bid-rigging and other allegations relating to state contracts for Project SLIM.

Associated Distributors v. Arista Records, et al.

U.S. District Court for the District of Arizona
Trial counsel for Arista Records in action alleging unlawful restraint of trade under Arizona antitrust laws. Settled on terms favorable to Arista.

BCI Communications Systems Inc. v. Boeing Computer Services Inc., et al.

U.S. District Court for the Northern District of Alabama
U.S. Court of Appeals for the Eleventh Circuit
Counsel to defendant Boeing Computer Services in antitrust case alleging monopolization of telecommunications services market. Dismissed through summary judgment; affirmed on appeal.

Blewett v. Abbott Laboratories

State Court of Appeals of Washington
Defended Bristol-Myers in multiparty treble damages class action alleging price fixing in the sale of prescription drugs. Case dismissed for lack of standing. Illinois Brick doctrine applied to private antitrust actions under Washington law. 86 Wn. App. 782, 938 P.2d 842 (1997)

California, et al. v. ARC America Corporation

Supreme Court of the United States
Counsel for amicus in Supreme Court case involving antitrust preemption and standing. 490 U.S. 93 (1989)

Canadian Lumber Antitrust Litigation

U.S. District Court for the District of Colorado
U.S. Court of Appeals for the Tenth Circuit
Successfully defended multidistrict antitrust price-fixing class action regarding Canadian lumber. Case dismissed by District Court on Rule 12 motion; affirmed by Court of Appeals.

Cassan Enterprises v. Chrysler Corp.

U.S. Court of Appeals for the Ninth Circuit
Represented Chrysler in defense of an antitrust suit. 1997 WL 686028 (9th Cir.)

Cassan Enterprises Inc., et al. v. Avis and Dollar Thrifty

U.S. District Court for the Western District of Washington
Obtained dismissal on behalf of Dollar Thrifty of antitrust action seeking to block potential merger.

CDW LLC, et al. v. NETech Corporation

U.S. District Court for the Southern District of Indiana
Obtained preliminary injunction where the court found that CDW had demonstrated a likelihood of success on the merits with regard to their trade secret misappropriation, conspiracy to breach fiduciary duty and unfair competition claims. The court also concluded that the competitor tortiously interfered with valid restrictive covenants. Reported at 2010 WL 2710626. (July 2010)

Churosh v. Del Monte Fresh Produce N.A. Inc.

U.S. District Court for the District of Arizona
Counsel for defendant Del Monte in action alleging monopolization and attempts to monopolize a market for extra sweet pineapples.

Costco Wholesale Corporation v. AU Optronics Corporation, et al.

U.S. District Court for the Northern District of California
U.S. District Court for the Western District of Washington
Counsel for plaintiff in LCD price-fixing conspiracy case. Jury verdict for Costco after a five-week trial. Case settled following appeal.

Costco Wholesale Corporation v. Hitachi, Ltd., et al.

U.S. District Court for the Northern District of California
U.S. District Court for the Western District of Washington
Counsel for plaintiff in CRT price-fixing conspiracy case.

Costco Wholesale Corporation v. Hoen, et al.

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington
Plaintiff's counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco's attorney's fees. 407 F. Supp. 2d 1234 and 1247 (W.D. Wash. 2005); 522 F.3d 874 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.

Counsel to International Retail Service Provider

Litigated antitrust defense to patent infringement claims in an international arbitration.

craigslist Inc. v. eBay Inc. and eBay Domestic Holdings Inc.

Superior Court of California, San Francisco County
Represented plaintiff craigslist in civil action for unfair competition, false advertising, trademark infringement, passing off, breach of fiduciary duty, fraud and deceit.

Cyrix Corporation, et al. v. Intel Corporation, et al.

U.S. District Court for the Eastern District of Texas
Counsel for Intel Corporation in antitrust counterclaim brought by Cyrix alleging violations of § 1 and § 2 of the Sherman Act and Section 3 of the Clayton Act regarding sale of 386 and 486 microprocessors. Case settled during trial. (1993 - 1994)

Diaz v. Farley

U.S. District Court for the District of Utah
Represented third party that intervened in an antitrust action to disqualify counsel for one of the defendants who had previously represented our client. Motion to disqualify granted.

Digital Systems International Inc. v. Electronic Information Systems Inc.

U.S. District Court for the Western District of Washington
Represented plaintiff DSI in Lanham Act/false advertising, unfair competition claim relating to computerized dialing equipment. Obtained jury verdict of $4.8 million.

Electric Lightwave Inc. (ELI) v. U.S. WEST Communications Inc.

U.S. District Court for the Western District of Washington
Arbitration counsel for defendant U.S. WEST, now Qwest, in antitrust case alleging monopolization and unfair competition concerning telephone interconnection practices. Resolved by three arbitrator antitrust expert panel on basis favorable to client.

eNom v. Register.com

U.S. District Court for the Western District of Washington
Represented plaintiff registrar in action against competitor alleging illegal domain name blocking.

Flagship Theatres of Palm Desert, LLC v. Century Theatres Inc.

Court of Appeals of California
Represent independent movie theater operator in antitrust action against major theater circuits. Obtained Court of Appeal reversal of grant of summary judgment in favor of defendants. Case remanded to Superior Court for discovery and jury trial. 198 Cal. App. 4th 1366 (2011)

FMS Inc. v. Dell Computer Corporation

Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

GL&V USA Inc. v. Ormac Inc.

U.S. District Court for the Western District of Washington
Represented plaintiff in a patent/antitrust action involving pulp production technology.

Glass Container Antitrust Litigation

U.S. District Court for the Northern District of Illinois
Lead trial counsel for Brockway Inc., one of three defendants in price-fixing case. Jury verdict for plaintiffs vacated by Court; case settled pending appeal.

Gray v. Philip Morris Companies, et al.

Superior Court of Arizona, Maricopa County
Trial counsel for Brown & Williamson in putative consumer class action alleging price fixing and price discrimination under Arizona’s antitrust laws pertaining to the sale of cigarettes. Dismissed.

Helicopter Transport Services Inc. v. Erickson Air-Crane Inc.

U.S. District Court for the District of Oregon
Defense of helicopter manufacturer in federal antitrust action.

Hoechst-Roussel Pharmaceuticals Inc. v. Immunex Corporation

U.S. District Court for the District of Delaware
Counsel to Immunex in antitrust case alleging monopolization of market for cancer drug. Case resolved through settlement.

Hohokam Irrigation & Drainage District, Pinal County, AZ v. Arizona Public Service Company

Arizona Supreme Court
Persuaded Arizona Supreme Court to hold that irrigation districts have constitutional and statutory authority to sell electric power outside district boundaries and to nonagricultural customers, even when competing with an incumbent investor-owned utility. 204 Ariz. 394, 64 P.3d 836 (2003)

Hollister Steir v. Lincoln Diagnostics

U.S. District Court for the Central District of Illinois
Circuit Court of Illinois, Macoon County
U.S. District Court for the Western District of Washington
Represented Hollister-Steir in trademark/false advertising action involving medical testing devices

Hollywood Theaters, Inc. v. Carmike Cinemas, Inc.

U.S. District Court for the Eastern District of Texas
Counsel for plaintiff Hollywood Theaters in movie industry antitrust case alleging abuse of monopoly power to deprive competitor of access to licenses for first-run films.

HTS v. Erickson Air-Crane

Represented helicopter manufacturer in defense of monopolization and concerted refusal to deal litigation over replacement parts.

In re Application of Southern Wine & Spirits of Arizona

State Board of Liquor Licenses and Control of Arizona
Obtained liquor license for national wholesaler at hearings before the Arizona Liquor Board.

In re Arizona Hospital and Healthcare Association Nurse Registry

Represented two hospital systems in Department of Justice investigation of alleged Sherman Act Section 1 violations by joint purchasing arrangement among Arizona hospitals for procurement of temporary nursing services.

In re Intel Laptop Battery Litigation

U.S. District Court for the Northern District of California
Successfully defended Intel in a putative class action alleging that Intel wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. District court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.

In re Pillar Point Partners Antitrust and Patent Litigation (MDL-1202)

U.S. District Court for the District of Arizona
Co-counsel in defense of antitrust class action relating to, inter alia, patent licensing practices involving laser eye surgery procedures.

InduSoft, Inc. et al v. Marcos V. Taccolini, et al.

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Western District of Texas
Lead counsel for software company seeking trade secret and other misappropriation claims against its former officer and related companies.

Intel Corporation v. Twinhead International Corporation and Twinhead Inc.

U.S. International Trade Commission
Defended Intel against antitrust/patent misuse counterclaims in Section 337 exclusion proceeding against Taiwanese personal computer manufacturer.

Internet Retailing State Tax False Claims Act Cases

Defense of leading Internet retailer in state qui tam actions. Judgments for client in Nevada and Tennessee; Illinois case is pending.

Intimate Bookshop v. Barnes and Noble, Inc. Amazon.com, Inc., et al.

U.S. District Court for the Southern District of New York
Represented defendant Amazon in Robinson-Patman price discrimination claim. Case settled.

Johnson, et al. v. Arizona Hospital and Healthcare Association, et al.

U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
Trial counsel for defendant hospitals in alleged price-fixing class action and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)

Kabuto Arizona Properties, LLC v. Biltmore Hotel Partners

Court of Appeals of Arizona
Superior Court of Arizona, Maricopa County
Represented owners of Arizona Biltmore Hotel in action by owner of adjacent golf courses for alleged Lanham Act violations, declaratory judgment, breach of contract, trespass and negligence. Motion to dismiss granted by trial court and affirmed on appeal.

Maxwell v. American Honda Motor Company Inc., et al.

Superior Court of Arizona, Maricopa County
Counsel for American Honda Motor Company Inc. and related Honda entities in a putative class action asserting antitrust violations and consumer fraud pertaining to importation of new vehicles from Canada to the United States. Settled on terms favorable to the client.

McCoy, et al. v. Major League Baseball, et al.

U.S. District Court for the Western District of Washington
Defense of purported nationwide class action of season ticketholders and stadium-related businesses, alleging Sherman Act violations relating to the 1994 baseball strike. Client prevailed on summary judgment, in which the court reaffirmed baseball's antitrust exemption. 911 F. Supp. 454 (W.D. Wash. 1995)

McEachern v. 1st Crossroads Plaza Inc.

Counsel for PetSmart in action alleging PetSmart had violated a lease covenant granting the plaintiff the exclusive right to provide veterinary services in a shopping center. Summary judgment for PetSmart granted, dismissing plaintiff's complaint and awarding PetSmart its attorney's fees.

MetroNet Serv. Corporation v. Qwest Corporation

U.S. Court of Appeals for the Ninth Circuit
Successfully defended U.S. WEST, now Qwest, in treble damages antitrust case alleging abuse of monopoly power. Obtained summary judgment, which was affirmed on appeal, after reversal of initial adverse court of appeals decision by Supreme Court. 383 F.3d 1124 (9th Cir. 2004)

Merrithew, et al. v. Part Pointe Realty Inc., d/b/a John L. Scott Real Estate, et al.

U.S. District Court for the District of Idaho
U.S. Court of Appeals for the Ninth Circuit
Successfully defended real estate broker clients in antitrust class action alleging tying violations in connection with real estate brokerage fees in residential development sales.

Microsoft Cases

Defended Microsoft against state-wide class action assertion violation of California’s antitrust and fair business practice laws. Cases was settled. No. 4106

Microtherm Inc. v. Rheem and Marathon Water Heaters

U.S. District Court for the District of Arizona
Counsel for Rheem and WHI in an action alleging, among other claims, tortious interference and violations of the Lanham Act. Pending.

NTD Inc. v. LocalTouch

U.S. District Court for the Western District of Washington
Arbitration counsel to defendant U.S. WEST, now Qwest, in treble damages action alleging monopolization of yellow page directory markets.

Oberto v. JBS

U.S. District Court for the Western District of Washington
Represented plaintiff in breach of non-compete agreement against former protein supplier. Obtained preliminary injunction prior to settlement.

Omega Environmental Inc. v. Gilbarco Inc.

U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit
Represented plaintiff in challenge to exclusive dealing arrangement. Client's $27 million judgment after one-month trial was reversed on appeal.

Oregon Steel Mills Inc. v. Northwest Natural Gas Company

Circuit Court of Oregon, Multnomah County
Public Utility Commission of Oregon
Defended natural gas utility against antitrust claim relating to construction of bypass pipeline. Negotiated successful settlement.

Outerwall Inc. v. Incomm Holding Inc.

Represented plaintiff in an unfair competition, breach of contract and fiduciary duty case in state court in Dallas. Settled on basis favorable to client.

Pacific Plumbing Supply Company v. Crane Company

U.S. District Court for the Western District of Washington
Represented plaintiff in antitrust claim alleging tying. Money judgment recovered after three-week jury trial.

PC Healthcare Enterprises v. Arizona Hospital & Healthcare Association

U.S. District Court for the District of Arizona
Defense of two hospitals against Sherman Act Section 1 claim arising out of the hospital's participation in a joint purchasing arrangement with other Arizona hospitals to purchase temporary nursing services.

PFFJ Inc. v. F. Hoffman-Laroche, et al.

U.S. District Court for the District of Arizona
Trial counsel in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client.

Pharmaceutical Industry Average Wholesale Price Litigation

U.S. District Court for the District of Massachusetts
State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing. 431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Port of Seattle v. Puget Energy and PacifiCorp

U.S. Court of Appeals for the Ninth Circuit
Defended Puget Energy, Puget Sound Energy and PacifiCorp in antitrust case. Obtained order dismissing complaint alleging that antitrust conspiracy affected wholesale electricity rates on grounds that requested relief was preempted by FERC proceedings and orders. Successfully defended this judgment on appeal. 175 Fed. Appx. 827 (9th Cir. 2006)

Quiznos Franchise Class Actions

U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois
Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Richardson v. F. Hoffman-Laroche, et al.

Superior Court of Arizona, Maricopa County
Trial counsel for Chinook Group Inc. and Chinook Group, Ltd. in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client.

Ross-Simmons Hardwood Lumber Company Inc. v. Weyerhaeuser Company

U.S. District Court for the District of Oregon
Represented a forest products company in an antitrust litigation and trial.  Our legal position was upheld by a unanimous decision of the U.S. Supreme Court.

S.C. Johnson & Son Inc. v. The Dial Corporation

U.S. District Court for the Eastern District of Wisconsin
Trial counsel for Dial in a trade dress infringement action relating to air freshener products brought by S.C. Johnson in Milwaukee, WI. After a two-day hearing, Judge denied request for a preliminary injunction. Settled on terms favorable to Dial.

Service Professionals Inc. v. Continental DataGraphics

U.S. District Court for the Southern District of New York
Represented defendant in trade association-related antitrust action. Case voluntarily dismissed pending defendant's motion to dismiss.

Seven Gables Corporation v. Sterling Recreation Organization (SRO) Company, et al.

U.S. District Court for the Western District of Washington
Represented plaintiff movie exhibitor in treble damages antitrust action alleging conspiracy and monopolization of movie exhibition markets. Achieved settlements with some defendants and a jury verdict and judgment for $8.2 million against remaining defendants after six-week trial. The case was settled on appeal. 686 F. Supp. 1418 (W.D. Wash. 1988)

Skold, et al. v. Intel Corporation, et al.

Superior Court of California, County of Santa Clara
Defended Intel in putative nationwide class action alleging violations of California's Unfair Competition Law (§17200) and Consumer Legal Remedies Act. The plaintiffs claimed that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors.

SolidFX v. Jeppesen Sanderson Inc.

U.S. District Court for the District of Colorado
Represent Jeppesen, a subsidiary of The Boeing Company, against antitrust, breach of contract, and tort claims in connection with its development of an aviation terminal chart iPad application.  2013 WL 1189507 (D. Colo. Mar. 22, 2013).

Sound Solutions v. Boeing Company

U.S. District Court for the Northern District of Illinois
Defended Boeing in antitrust action alleging monopolization and essential facilities doctrine involving aircraft hush kits. Case settled on basis favorable to client while summary judgment motions pending.

Space Exploration Technologies Inc. v. Boeing

U.S. District Court for the Central District of California
Represented Boeing in defense of antitrust challenge to joint venture in rocket launch services. Summary dismissal of complaint (unpublished opinion).

Stafford d/b/a Belvi Coffee and Tea Exchange Inc. v. Starbucks Corporation

U.S. District Court for the Western District of Washington
Successfully defended Starbucks in antitrust class action alleging monopolization of retail coffee store locations. Obtained an agreement by counsel to drop the class action claim, greatly narrowed the scope of e-discovery and ultimately resolved the case by mediated settlement.

Star, Inc. v. QFA Royalties LLC

Court of Appeals of Colorado
Second Judicial District of Colorado, City and County of Denver
Successfully obtained and defended on appeal a grant of summary judgment to franchisor on claims brought by a former area director for nonrenewal of its area director marketing agreement under state consumer protection acts.

State of Arizona ex rel. Woods v. American Tobacco Company, et al.

Superior Court of Arizona, Maricopa County
Trial counsel for Brown & Williamson in Attorney General action brought against major tobacco companies alleging damages in excess of $550 million for alleged Arizona antitrust violations and other claims. Settled as part of a nationwide settlement.

STMicro v. Avago Technologies Inc.

U.S. District Court for the Central District of California
Represented plaintiff STMicro in antitrust action challenging patent activity. Case settled in connection with pending patent litigation.

Strotek Corporation v. Boeing Corporation

U.S. District Court for the District of Nevada
U.S. Court of Appeals for the Ninth Circuit
Defense of antitrust claim alleging monopolization in market for aircraft strobe lights. Summary judgment for client was affirmed on appeal.

Supreme Corq LLC v. Nomaco Inc. and Nomacorc LLC

U.S. District Court for the Western District of Washington
Represented Nomaco Inc. and Nomacorc LLC in patent infringement and antitrust case involving synthetic wine corks.

Telesphere Networks Ltd. v. Navarro

Superior Court of Arizona, Maricopa County
Lead counsel for telecommunications firm in action against former executive for breach of contract, duty of loyalty and misappropriation of trade secrets and proprietary information. Stipulated judgment against defendant executive.

The Boeing Company v. PPG Industries Inc.

Represented plaintiff Boeing in trade secret litigation and defended antitrust monopolization counterclaims relating to aircraft spare parts.

The Boeing Company v. Sierracin Corporation, et al.

State Supreme Court of Washington
Trial and appellate counsel for plaintiff Boeing in landmark trade secret case with antitrust counterclaims involving aircraft spare parts sales. Jury verdict for Boeing on trade secret claim was upheld on appeal. Antitrust verdict against Boeing was reversed on appeal. 108 Wn. 2d 38 (1987)

TriQuint Semiconductor v. Avago Technologies Inc.

U.S. District Court for the District of Arizona
Represented plaintiff and counterclaim defendant TriQuint in successful patent, trade secret antitrust action involving RF duplexers and filters. Antitrust case challenged patent acquisition and abuse activities under Clayton 7 and Sherman 2. Case settled after successful summary judgment rulings.

TriQuint Semiconductor Inc. v. Avago Technologies, Ltd., et al.

U.S. District Court for the District of Arizona
Represented TriQuint in asserting antitrust and patent infringement claims, and in defending against patent infringement and trade secret misappropriation claims, related to semiconductor components in wireless communication devices.

TriQuint Semiconductor Inc. v. Avago Technologies, Ltd., et al.

U.S. District Court for the District of Arizona
Represented TriQuint Semiconductor, a manufacturer of high-performance RF solutions used in wireless communications, in a patent, antitrust and trade secret case involving Bulk Acoustic Wave technology.

Ward v. Rohm & Haas Company, Atofina Chemicals Inc., et al.

U.S. District Court for the District of Arizona
Trial counsel in indirect purchaser class action for conspiracy and combination to restrain trade where the defendants conspired to illegally set the value and price of plastics. Settled on favorable terms.

Baker Hughes Inc.: Skinner v. Arco

Superior Court of Washington, Pierce County
Defense of petroleum additive manufacturer Baker Hughes, Inc. in 10,000-customer class action alleging defective high sulphur diesel fuel oil.

Chance et al. v. Avenue A Inc.

U.S. District Court for the Western District of Washington
Defense of nationwide class action challenging Internet privacy practices. Settled after successful summary judgment motion. 165 F. Supp. 2d 1153 (W.D. Wash. 2001)

ChoiceDek Litigation

U.S. District Court for the Western District of Washington
Defended Weyerhaeuser in nationwide consumer product class action. Settlement negotiated largely before case filed and ultimately approved by federal district court.

Cline v. Advanta Mortgage Corporation

U.S. Bankruptcy Court for the Western District of Washington
Defended mortgage company in class action alleging violations of consumer protection laws and federal mortgage regulations, including the Truth in Lending Act and RESPA.

Cloud Computing Provider

Federal Trade Commission
Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding user data privacy and security. Investigation closed.

Crowley v. Cyberspace Corporation

U.S. District Court for the Northern District of California
Successful defense of putative class action challenging privacy practices of retailer and credit verification service. 166 F. Supp. 2d 1263 (N.D. Cal. 2001)

Davis v. American General Financial Services

Defense of consumer lending claims in statewide class action challenging the collection of reconveyance fees in real estate-related loans.

Elvig, et al. v. Nintendo of America Inc.

U.S. District Court for the District of Colorado
Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.

First Nationwide Mortgage Corporation

Defense of First Nationwide Mortgage Corporation in putative class action challenging the collection of yield spread premiums.

FMS Inc. v. Dell Computer Corporation 

King County Superior Court (Washington)
Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

Hart v. Boise Cascade Corp.

Defended Boise Cascade in nationwide consumer protection class action alleging defects in manufactured wood siding.

ICF Technology, Inc. v. Google Inc.

U.S. District Court for the Western District of Washington
Successfully represented Google in defense of complaint seeking to force Google to change its Search results. The complaint alleged tortious interference, defamation, and violation of the Washington Consumer Protection Act. Obtained denial of motion for temporary restraining order, after which the plaintiff voluntarily dismissed the case.

In re Intel Laptop Battery Litigation

U.S. District Court for the Northern District of California
Successfully defended Intel in a putative class action alleging that Intel secretly wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. After the plaintiffs dropped their request for monetary relief and withdrew their class certification motion, the district court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.

In re Starbucks Consumer Litigation

U.S. District Court for the Western District of Washington
Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound.

Judd v. AT&T Company

King County Superior Court (Washington)
State Court of Appeals of Washington
State Supreme Court of Washington
Represented defendant Qwest in putative class action regarding disclosure of rates for long-distance telephone calls by Washington State prisoners. Won dismissal of claim and affirmance of that judgment on appeal. 66 P.3d 1102 (Wash. Ct. App. 2003), aff'd, 95 P.3d 337 (Wash. 2004)

Kleffman v. Vonage Holdings Corporation, et al.

U.S. Court of Appeals for the Ninth Circuit
Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).

Leonard, et al. v. Nintendo of America Inc.

U.S. District Court for the Western District of Washington
Defense of Nintendo in putative nationwide class action alleging consumer protection, products liability, and breach of warranty violations.

Louisiana-Pacific Corp. OSB Siding Litigation

U.S. District Court for the District of Oregon
Co-lead counsel in defense of numerous consumer protection class actions and related cases and arbitrations related to manufactured wood siding. National counsel for implementation of nationwide class action settlement.

Odom, et al. v. Microsoft Corporation, et al.

King County Superior Court (Washington)
Represented Best Buy in nationwide class action alleging Consumer Protection Act violations.

Perish, et al. v. Intel Corporation

Superior Court of California, County of Santa Clara
Defended Intel in several consumer class actions (consolidated in California) alleging unfair competition, false advertising and fraud in connection with product performance claims.

Pharmaceutical Industry Average Wholesale Price Litigation

U.S. District Court for the District of Massachusetts
State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing. 431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Quiznos Franchise Class Actions

U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois
Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Scott, et al. v. Cingular Wireless LLC

King County Superior Court (Washington)
State Supreme Court of Washington
Defense of class action over “roaming” charges.

Shannon v. Boise Cascade Corporation

Circuit Court of Illinois, Champaign County
Appellate Court of Illinois
Supreme Court of Illinois
Led defense of statewide consumer protection class action involving wood siding products. Won summary judgment dismissing the action. After the intermediate appellate court reinstated the action, convinced the Illinois Supreme Court to take review and affirm the judgment of the trial court on grounds that the allegedly deceptive advertising did not proximately cause damages under Illinois' consumer fraud statute. 805 N.E.2d 213 (Ill. 2004), rev'd 783 N.E.2d 1105 (Ill. App. Ct. 2003)

Simmons v. Diversified Capital Mortgage Corporation

U.S. Bankruptcy Court for the Western District of Washington
Defended claims alleging violation of consumer protection laws and Truth in Lending Act.

Strom v. Boeing Company

Defense of The Boeing Company in toxic tort class action litigation involving non-ionizing radiation.

James P. Tennille v. Western Union Co. and Robert P. Smet v. Western Union Co.

Counsel in defense of related nationwide class actions where purported class representatives assert claims under the state consumer protection laws; successfully moved to dismiss fraud and consumer protection claims.

Trinity v. LG Chem

U.S. District Court for the Western District of Washington
Defend global chemical manufacturing company, headquartered in Korea, against $50 million breach of contract, promissory estoppel and fraud claims. Case settled on first day of jury trial.

U.S. ex. rel. DeKort v. Northrop Grumman Shipbuilding

U.S. District Court for the Northern District of Texas
Defend Northrop Grumman in jury trial of $720 million False Claims Act case. On eve of jury selection, all claims against client dismissed and Relator Plaintiff ordered to show cause why he should not be sanctioned or held in contempt for making false claims to the Court.

Weyerhaeuser Company Hardboard Siding Litigation

U.S. District Court for the Northern District of California
National counsel for Weyerhaeuser in defense of consumer protection and consumer product liability class actions related to alleged defects in hardboard siding.

Zachman v. Whirlpool Financial Corp.

Superior Court of Washington, Okanogan County
Defended Whirlpool in consumer protection class action regarding consumer credit transactions.