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Overview

Mike has more than 30 years of experience representing clients in complex business disputes, including counseling on all aspects of antitrust and competition law issues. 

Mike represents clients in a variety of industries including health care, building products, technology, sports and government.

Professional Activities

  • Mike has served as chair of various committees through the Greater Seattle Chamber of Commerce (including a coalition of environmental, labor, business and civic groups) seeking to reshape and then support establishment of a regional transit authority (Sound Transit). He was honored for these efforts with a civic award for significant contribution on a regional issue from the Municipal League of King County.
  • He has been a treasurer and/or active speaker in a variety of statewide initiative campaigns addressing funding for roads, transit and other projects.
  • Mike was a Republican member of the King County Redistricting Committee, a candidate for State Attorney General, and was recommended by a committee chaired by the late Norm Maleng to be U.S. Attorney.
  • He is currently the chair of Mainstream Republicans of Washington.
  • He previously served as the board vice chair of Crosscut Public Media, and for a dozen years coached his sons’ youth soccer teams in the Issaquah Soccer Club.

Experience

Experience

Representative Work: Antitrust and Complex Litigation Experience

  • World’s largest door and window manufacturer on national and international competition issues, including:
    • advice on structuring transactions to minimize antitrust risk in highly concentrated industries; 
    • acquisition of Europe’s largest door company;
    • challenge to vertical merger of two leading competitors; 
    • criminal grand jury investigation by the Antitrust Division of price fixing in residential door industry; 
    • civil class action lawsuits alleging price fixing in residential door industry (In re Residential Door Antitrust Litigation);
    • leniency pleas to European Commission and French Competition Council for cartel activity by foreign subsidiary resulting in first grant of antitrust leniency under French law; 
    • civil price fixing litigation against US glass cartel resulting in significant settlement for client after motions in limine (Flat Glass I); and
    • second civil price fixing litigation against global glass cartel resulting in settlement for client after favorable ruling on umbrella damages claims and use of foreign cartel evidence at trial (Flat Glass II)
  • A leading Seattle-based investor and related entities on mergers, acquisitions, joint ventures and other issues, including: several dozen acquisitions (from small startups to billion dollar cable companies); structure acquisitions to avoid or minimize antitrust challenges.
  • Professional sports franchises Seattle Seahawks and Portland Trailblazers on antitrust issues.
  • Merger and acquisition counseling, government investigations, and preparation and filing of premerger notification forms.
  • A leading warehouse club retailer in its successful efforts to end Washington State's monopoly on the sale of liquor, including issues related to drafting and qualifying for ballot two statewide initiatives, and successfully defending Initiative 1183 against lawsuits challenging its constitutionality.
  • Investigation by Federal Trade Commission of proposed merger of world’s two leading abrasive waterjet manufacturers resulting in a consent decree allowing transaction to proceed.
  • A Korean-based flat panel display manufacturer in price fixing claims brought by Washington State Attorney General's Office. 
  • Investigation by Washington State Attorney General’s Office into allegations of price fixing by Seattle convention hotels, resulting in a consent decree settlement.
  • Investigation by U.S. Justice Department’s Antitrust Division and Washington State Attorney General’s Office into multibillion dollar merger of two Japanese fishing companies resulting in consent decree benefiting local fishing companies.
  • Special Counsel to Antitrust Division of the US Department of Justice and State Attorneys General to establish Technical Committee required by the Federal Court to oversee the Microsoft Consent Decree.
  • Counsel to the Washington State Bar Association on antitrust issues arising from Supreme Court rulings.
  • The American Board of Thoracic Surgery in defending a claim by an osteopathic doctor alleging a conspiracy that included the University of Washington Medical School and other entities.
  • Led team representing estate of inventor of the blended winglet for 737 and other aircraft in patent licensing dispute.

Representative Work: Health Care Experience

  • Investigation by Federal Trade Commission of proposed combination of hospital systems based in Tacoma and Bremerton, resulting in decision by FTC not to challenge transaction.
  • A national for profit hospital system in acquisition of hospitals in Yakima and Toppenish. This was the first transaction reviewed under the Hospital Conversion Statute, and attracted national attention, and opposition, from groups such as Consumers Union.
  • A leading Yakima cardiac hospital in litigation with its cross-town rival over angioplasty services, including summary judgment dismissal of certificate of need litigation and of federal court claim challenging constitutionality of state regulations under dormant commerce clause. 
  • A national for profit hospital system on antitrust and other issues related to separation of a joined medical staff.
  • A Seattle-area medical center in certificate of need application for construction of new hospital tower, the largest capital project in the history of the hospital system. Successfully defended the Department of Health’s decision against appeal from a coalition of union groups.
  • Issues related to the purchase of Deaconess and Valley hospitals by Community Health Systems.
  • Two Washington hospitals on certificate of need appeals.
  • A leading West Coast hospital system in a challenge brought by SEIU to financing before Hospital Facilities Authority.

News & Insights

News & Insights

Selected Publications

  • Finding Common Ground in Protecting the Great Outdoors,” The Seattle Times, May 2019
  • Just Like My Immigrant Dad, Dreamers Energize America,” The Seattle Times, December 2017
  • Gov. Dan Evans: How a Real Leader Squashed Hate and Extremists,” The Seattle Times, August 2017
  • The Case for a Revenue-Neutral Carbon Tax in Washington State,” Seattle Business Magazine, August 2016 - Our region’s success has come in part because we have struck a balance between protecting our natural environment and encouraging economic development.
  • “Balanced Development Is Threatened by I-933,” Puget Sound Business Journal, August 2006 - Initiative 933, which is on the ballot in November, is the latest shot fired in a range war between farmers and environmentalists.
  • “Thanks, Legislature, for Spurring Action on Regional Transportation,” The Seattle Times, April 2006 - The Washington state Legislature told the Puget Sound region loudly and clearly last month: "Get your transportation act together!"
  • “If Light Rail Starts South, It Can't Abandon the North,” The Seattle Times, September 2001 - This region has been staring a decision about light rail in the eye for 30 years. Now is not the time to blink, but it is time to change some things.
  • “Why We Support Formation of the RTA,” The Seattle Times, June 1993 - Last week a group of our local elected officials asked King, Pierce and Snohomish counties to take the next step toward solving the traffic snarls turning our region into Los Angeles, North.
  • “Conscious Parallelism and Price Fixing: Defining the Boundary,” University of Chicago Law Review, Volume 52, Number 2, Spring 1985
  • “Soviet Foreign Policy and Western Europe 1949-1952: Contextual Security And Diplomatic Flexibility,” Stanford University, May 1982, Awarded James Birdsall Weter Prize for Outstanding History Honors Thesis

Admissions

  • Washington, 1985
  • U.S. District Court, Eastern District of Washington, 2011
  • U.S. District Court, Western District of Washington, 1986
  • U.S. Court of Appeals for the 3rd Circuit, 2000
  • U.S. Court of Appeals for the 9th Circuit, 1993
  • U.S. Supreme Court, 2001

Education

  • J.D., University of Chicago, 1985
    • University of Chicago Law Review
  • A.B., Stanford University (with honors and distinction), 1982
    • The Stanford Daily, Managing Editor

Honors & Recognition

  • Daniel J. Evans Environment Award, Mainstream Republicans of Washington
  • Municipal League of King County, civic award for significant contribution on a regional issue (Sound Transit)
  • State Recreational Soccer Coach of the Year Finalist, Washington Youth Soccer Association
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