Donald has successfully represented clients in litigation concerning environmental cleanup cost recovery and insurance coverage, antitrust and competition issues, and in other constitutional and complex litigation. He appears on behalf of clients before federal and state trial and appellate courts.
Don is a certified White Belt in Legal Lean Sigma.
- King County Bar Association
- Board of Trustees, 2017-current
- Young Lawyers Division
- Board of Trustees, 2001-2004
- Chair, 2003-2004
- King County Bar Foundation Board of Trustees
- Chair, 2015-2016
- Member 2008-2017
- Children's Alliance
- Board Member, 2002-2012
- President, 2004-2007
Obtained injunction against federal agency’s effort to impose civil penalty on conscientious objector for exporting medicine and medical supplies to Iraq; affirmed on appeal. 466 F.3d 764 (9th Cir. 2006).
Successful suit to resolve deadlock between two equal shareholders by compelling sale of shares to client. 1.5-week trial; affirmed on appeal. 2005 Wash. App. LEXIS 2066 (Aug. 15, 2005).
Successful prosecution of claims for environmental cleanup against multiple defendants. Obtained contribution toward cleanup costs and attorney fee award against all but one defendant after six-week trial; affirmed on appeal. 135 Wn. App. 106 (2006).
Successful prosecution of multimillion-dollar claims for environmental insurance coverage after obtaining favorable Supreme Court ruling on coverage issues. 136 Wn.2d 567, 964 P.2d 1173 (1998).
Recovery of years of hazard pay for 74 shipwrights. Opinion after trial on affirmative defenses at 75 Fed. Cl. 218 (2007).
Successful prosecution of multimillion-dollar claims for insurance coverage of environmental cleanup costs at federal and state Superfund sites.
Successful defense of challenge to durable power of attorney on appeal and in ancillary proceedings. 138 Wash.App. 1062, 2007 WL 1589457 (Jun. 4, 2007).
Successful defense of challenge to durable power of attorney at trial and on appeal. 114 Cal. App. 4th 635; 7 Cal. Rptr. 3d 722 (2003).
Successful prosecution of claims for insurance coverage of environmental cleanup at federal Superfund site.
Co-counsel for plaintiffs in successful class action challenging constitutionality of state foster care system. 150 Wn. 2d 689; 81 P.3d 851 (2003).
Successful class action challenge to constitutionality of felony public defense system.
Co-counsel in defense of price fixing claims in the Bristol Bay sockeye salmon industry.
Multi-million insurance recovery under D&O policy to settle shareholder litigation (2017).
Multi-million insurance recovery under multi-media liability policy (2017)
Successful suit for insurance coverage of product defect lawsuit and settlement (2016).
Successful suit for insurance coverage under product recall policy (2015).
Successful recovery of insurance for defense and settlement of professional malpractice claims (2009).
- Cross Border Business Law Blog, 4.5.18
- Cross Border Business Law Blog, 2.13.18
- Cross Border Business Law Blog, 10.6.16
- Update on the Online Travel Company/Hotel Booking Antitrust Litigation: Plaintiffs Add New DefendantsDuff on Hospitality Law, 5.22.13
- Duff on Hospitality Law, 1.23.13
News & Insights
- FSR Magazine, 6.8.20
- Foster Garvey Newsroom, 6.10.19
- WebinarVirtual Event, 4.9.20
- EventSeattle, WA, 11.12.19
- Update: Business Disruption Due to COVID-19: Possible Insurance Solutions for the Hospitality Industry6.16.20
- Keyword Restrictions - Part V: Restrictions on Using Trademarks as Keyword Search Terms: Why All The Griping?6.1.18
- Keyword Restrictions - Part II: Complaints Based on the 1-800 Contacts Case: Visionary or Near Sighted5.4.18
- Keyword Restrictions - Part I: Restrictions on Keyword Advertising by OTAs: What Exactly Is the Problem?4.20.18
- Catering Magazine, 6.1.20
- Hotel Online, 5.13.20
- FSR Magazine, 5.12.20
- Garvey Schubert Barer, 10.6.16
- Perhaps Only Antitrust Lawyer's Think ACO's Are Hot - But Antitrust Enforcement Agencies Are Moving Forward11.2.11
- Washington, 1992
- U.S. District Court, Eastern District of Washington, 1997
- U.S. District Court, Western District of Washington, 1992
- U.S. Court of Federal Claims, 2004
- U.S. Court of Appeals for the 9th Circuit, 1993
- U.S. Supreme Court, 2007
- J.D., University of California at Berkeley, Boalt Hall School of Law, 1991
- California Law Review, Notes and Comments Editor
- Moot Court Board, Member
- B.A., University of California Irvine, Political Science (magna cum laude), 1988
Honors & Recognition
- Washington Super Lawyers list
- Super Lawyers Magazine, 2009-2019
- Super Lawyers Business Edition, 2014-2015
- Rising Star, Washington Super Lawyers, 2001-2003 and 2006-2007
- Seattle Met's “Top Lawyer,” Environmental Law, 2010
- Puget Sound Business Journal's "40 Under 40," 2005
- Garvey Schubert Barer's “Dallaire Public Service Award,” 2004
- ACLU of Washington’s “Civil Libertarian Award,” 2006
- Children's Alliance’s “Champion for Children Award,”2007
- Martindale-Hubbell AV Preeminent rating
- Commercial Litigation, 2010