ADR Experience

• Representative arbitrations include a dispute relating to software designed to manage the operation of a natural gas pipeline; an eight-figure international arbitration involving a dispute over the pricing term in a long-term chemical supply contract; an international antitrust arbitration related to ocean shipping rates; an international arbitration involving alleged breaches of a licensing agreement covering certain microprocessor technology used in cell phones; an arbitration to determine the value of an oil company's Alaska North Slope crude oil production landed on the U.S. West Coast for royalty purposes; a nine-figure international energy arbitration involving alleged breaches of a long-term power purchase and sale agreement; a nine-figure arbitration involving a prominent professional athlete relating to an international licensing and promotional agreement; a contract dispute between a high-tech multinational company headquartered in India and the former CEO of its U.S. subsidiary; an eight-figure arbitration brought against a large health insurance company; an international arbitration between a U.S. corporation and a Chinese joint- venture partner; a dispute involving securities and tort claims between an Indian tribe and its former investment advisory firm; an eight-figure arbitration relating to construction and management of a casino; a dispute between companies involved in financing and operation of two large hotels in Chicago and San Francisco; and a substantial construction arbitration related to a low-income housing project.
  
  Past arbitrations also include an eight-figure dispute arising out of a U.S. manufacturer's decision to terminate its exclusive Canadian distributor; a dispute involving the U.S. Olympic Committee and the national governing body of an Olympic sport; a telecommunications industry dispute involving eight-figure claims and nine-figure counterclaims; a dispute between an affiliate of the Chinese government and U.S. parties related to a timber and real estate project; a software industry dispute involving alleged breaches of an asset purchase agreement; an expedited arbitration (clause required award within thirty days of demand) of a commercial leasing dispute; a commercial real estate dispute relating to acquisition of a nursing home; several franchising cases; a two-week construction and breach-of-privacy arbitration involving entertainment industry personalities; several insurance coverage disputes; a dispute relating to a business purchase and sale and unit buy-back agreements; numerous cases involving disputes between members of an LLC; a dispute between securities brokerage firms involving trade secret claims and alleged breaches of the federal Computer Fraud and Abuse Act; several telecommunications cases relating to the terms and operation of interconnection agreements; valuation disputes; a contract dispute between an Italian manufacturer and the former CEO of its US subsidiary; an antitrust dispute between a class 1 railroad and a short line; a dispute over ownership of certain patents; more than five hundred other cases, of varying size and complexity, involving a wide range of issues. Frequent service as chair of three-arbitrator panels.
  
  Representative mediations include numerous breach-of-contract and business tort disputes between parties in various industries; disputes arising out of the purchase and sale of businesses; intellectual property and patent disputes; energy cases; international disputes; construction and government contracting disputes; 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.
  
  Some specific examples include a nine-figure Indian gaming dispute; an eight-figure dispute between a seller and purchaser of allegedly defective SRAM memory modules; mediation of a large international arbitration 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; 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 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 federal court action involving allegations of unlawful short-swing trading; 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, trade secret and tort claims; a dispute between U.S. and Taiwanese parties relating to a military procurement contract; a contract dispute related to alleged breaches of a long-term contract for the sale of certain diagnostic testing kits and associated laboratory facilities; a patent and antitrust dispute involving parties involved in manufacturing medical diagnostics equipment; a class action suit brought against a Washington county and several school districts for alleged unlawful imposition of development impact fees; a dispute between German and U.S. parties arising out of the sale of a pulp and paper mill; a dispute between a German manufacturer of designer clothing and two prominent Northwest retailers involving Robinson-Patman Act, breach-of-contract, and business tort allegations; a dispute between Japanese and Canadian parties involving patent, antitrust and reverse-engineering allegations; a dispute between a golf course developer and a national golf tour; a misrepresentation and securities dispute relating to the failure of a grocery store acquisition; a dispute between a landowner and several units of state and local government arising out of a flood; several disputes over alleged unlawful sales of counterfeit or stolen software; various other software- or technology-related disputes.
  
  Representative Special Master assignments include service as a court-appointed special master for discovery matters in a federal court patent litigation (Whatley v. Nike, Inc., No. CV98-063-MO, U.S.D.C., Or.) and as a "verification expert" engaged by class counsel and a class action defendant to verify and report to the respective courts concerning the defendant's performance of certain class action settlement obligations in West, et al. v. Group Health Cooperative of Puget Sound, et al., No. C01-716P, U.S.D.C., W.D. Wa. and Stone v. Group Health Group Health Cooperative of Puget Sound, et al., King County Sup. Ct. No. 01-2-14261-5 SEA. Recently served as a court-appointed discovery master in Amazon.com Commerce Services, Inc. v. Expedia, Inc. (King County Sup. Ct. No. 02-2-25747-0SEA), a breach of contract and antitrust action.