Tim J. Filer

Overview

Tim has a broad commercial litigation practice and focuses on class action defense, intellectual property disputes and complex litigation. He has more than 30 years of experience prosecuting and defending actions in state and federal courts in addition to administrative hearings, regulatory enforcement proceedings and arbitrations.

A significant portion of Tim’s practice is dedicated to defending financial institutions and other companies in consumer protection, employment and other class actions. He has extensive experience in complex securities class action cases defending officers, companies and directors. In the area of intellectual property, Tim has substantial experience in disputes involving trademark, trade secret and copyright infringement.

He is consistently recognized by his peers in industry publications such as The Best Lawyers in America© for his work in commercial litigation, as well as banking and finance, intellectual property and securities litigation.

Professional Activities

• ACI-NA/American Association of Airport Executives (“AAAE”) Noise Conference Planning Committee, 2022-present
• Airports Council International – North America, Legal Affairs Committee, Member
• Airports Council International – North America (“ACI-NA”) Legal Committee Steering Group, 2023-present
• American Bar Association, Litigation Section, Member
• Washington State Bar Association, Litigation Section, Member

Community Activities

• Camp Fire Boys & Girls
  • Central Puget Sound Council, Board Member, 1994-2000
  • Special Programs Committee, 1990-1994
  • North Branch Advisory Board, Chair, 1994-1996

• Eastside Legal Assistance Program & Volunteer 2018-present

• St. Joseph’s Church Pastoral Council, 2005-2008

• Wellspring Family Services (formerly Family Services of King County)
  • “Table Captain of the Year” Award, 2013

Experience

Consumer Class Action

• Telephone Consumer Protection Act Class Action
  Representation of financial institution in class action alleging TCPA violations from autodialed calls to customers’ cell phones; case dismissed without class certification

• Sando v. HomeStreet Bank
  Defense of mortgage lender in putative nationwide class actions alleging improper changing of reconveyance, recording and fax fees to borrowers; case dismissed with prejudice on summary judgment

• Cottam v. Northwest Restaurants
  Representation of franchisee in wage and hour class action alleging violations of meal, rest break and overtime regulations

• Artificial Salmon Coloring Litigation
  Defense of nationwide class action brought against grocer alleging consumer deception through failure to label farmed salmon as “color added;” motion to dismiss granted and case dismissed with prejudice

• McCulloch v. Great Western Bank
  Representation of lender in putative nationwide consumer borrower class action under Real Estate Settlement Procedures; case dismissed without a class being certified

• Retailer Rebate Litigation
  Representation of retailer in putative nationwide consumer class action arising from alleged failure to disclose expiration dates of manufacturers’ rebates; case resolved without discovery

• Campbell v. Boeing Employees Credit Union
  Representation of one of the country’s biggest credit unions on claims that it was improperly charging certain fees to members in connection with loan payoffs

• Stark v. Seattle Seahawks
  Representation of team and affiliate on claim that pre-game “pat downs” of fans were unconstitutional searches; case dismissed on summary judgment

• Mortimore v. FDIC, et. al.
  Nationwide consumer borrower class action against loan servicer involving rate adjustments on FHA adjustable rate mortgages; case dismissed with prejudice on summary judgment

• Microtek Consumer Protection Litigation
  Defense of computer equipment manufacturer in putative nationwide consumer class action; all claims dismissed with prejudice

• Irvin v. Aames Financial Corporation
  Putative class action against consumer lender involving prepayment charges on defaulted loans; class action defeated on motion to dismiss

Securities

• Bearse v. Port of Seattle
  Representation of municipal airport operator in class action seeking damages and injunctive relief based on alleged inverse condemnation, nuisance and trespass caused by airport noise

• In re Charter Communications Inc. Securities Litigation
  Defense of board chairman and controlling shareholder in securities class action; case settled while motions to dismiss were pending

• Herzog v. Foster & Marshall, Inc. 56 Wn. App. 437, 783 P.2d 1124 (1989)
  Enforcement of arbitration clauses in securities class action on behalf of Shearson

• Infospace Shareholder Derivative Litigation
  Defense of former president of corporation on breach of fiduciary duty claims

• FutureSelect Portfolio Mgmnt Inc. v. Tremont Group Holdings
  Representation of hedge fund manager on claims arising from Madoff investments; case dismissed with prejudice on pleading motion

• Pyramid Breweries Inc. Securities Litigation
  Defense of multiple class actions arising out of an initial public offering; all cases dismissed without discovery, including the first Post-Reform Act dismissal with prejudice; affirmed by the Ninth Circuit Court of Appeals, 143 F.3d 1293 (1998)

• PathoGenesis Corp. Securities Litigation
  Representation of a manufacturer of an aerosolized antibiotic for cystic fibrosis patients and its officers/directors in defense of federal class action claims; consolidated class actions dismissed with prejudice; dismissal affirmed by the Ninth Circuit Court of Appeals, 284 F. 3d 1027 (9th Cir. 2002)

• Midcom Communications Inc. Securities Litigation
  Representation of company and officers/directors in the first Post-Reform Act securities class action in Washington

• CityBank Shareholder Derivative Litigation
  Defense of bank’s officer in action alleging breach of fiduciary duty; case dismissed with prejudice on pleading motion

• Hudson v. Conversion Industries, Inc.
  Defense of federal securities class action claims on behalf of company and officers; claims against clients dismissed

• GST Telecommunications Securities Litigation
  Defense of former directors, CEO and CFO in securities class actions; case dismissed with prejudice at pleading stage

• Mercer International Securities Litigation
  Defense of company, officers and directors in securities class action under federal and state law

• Cellular Technical Services Co. Inc. Securities Litigation
  Representation of company and officers/directors in defense of federal securities class action claims

Municipal Litigation

• Lake Forest Park Wage and Hour Litigation
  Defense of wage and hour action on behalf of police dispatchers and officers alleging “off the clock” overtime and rest break violations and improper use of comp time in lieu of overtime pay

Intellectual Property

• Seattle Seahawks v. Texas A&M University
  Trademark infringement and dilution dispute

• Asymetrix v. Paris
  Prosecution of copyright and trade secret claims against former employee and seizure of improperly removed software

• Alaska Airlines v. Air Alaska
  Representation of airlines in a multiple forum trademark infringement dispute

• Hops Grill v. Hart Brewing
  Trademark infringement claims over use of HOPS as ticker symbol

News & Insights