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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.

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

Tim 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

  • American Bar Association, Litigation Section, Member
  • King County Bar Association, 1995 Litigation Institute, Chair
  • Private Sector Prosecutor’s Program, Prosecution of felony drug cases for King County Prosecutor’s Office
  • 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
  • St. Joseph’s Church Pastoral Council, 2005-2008
  • Wellspring Family Services (formerly Family Services of King County)
    • "Table Captain of the Year” Award, 2013
    • Table Captain, 2005-present

Experience

Experience

Consumer and Other Class Actions

  • 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
  • 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
  • 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
  • Lake Forest Park Wage and Hour Litigation: Representation 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
  • 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

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
  • Hops Grill v. Hart Brewing: Trademark infringement claims over use of HOPS as ticker symbol
  • Alaska Airlines v. Air Alaska: Representation of airlines in a multiple forum trademark infringement dispute

Securities and Corporate Governance

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

News & Insights

Admissions

  • Washington, 1986
  • U.S. District Court, Eastern District of Washington, 1988
  • U.S. District Court, Western District of Washington, 1988
  • U.S. Court of Appeals, 9th Circuit, 1997
  • U.S. Court of Appeals, 10th Circuit, 2017
  • U.S. Supreme Court, 1996

Education

  • J.D., University of Washington School of Law (with honors), 1986
  • B.A., Washington State University (summa cum laude), 1983

Clerkships

  • U.S. District Court for the Western District of Washington, the Hon. Donald S. Voorhees and the Hon. William L. Dwyer, Law Clerk, 1986-1988

Honors & Recognition

  • The Best Lawyers in America©
    • Commercial Litigation, 2011-present
    • Litigation - Banking & Finance, 2012-present
    • Litigation - Intellectual Property, 2012-present
    • Securities, 2012-present
  • Washington Super Lawyers list, 2002-2020
  • Best in the Business: Leading Lawyers in the Puget Sound Region,
    Seattle Business magazine 
    • Commercial Litigation, 2011-2013
    • Litigation: Banking and Finance, 2011-2013
    • Litigation: Intellectual Property, 2011-2013
    • Litigation: Regulatory Enforcement, 2013
  • 2010 Top Lawyer, Seattle Metropolitan magazine
  • Nominated Fellow of the American Bar Foundation, 2014
  • Order of the Coif
  • Survey Editor, Washington Law Review, 1985-1986
  • Phi Beta Kappa
  • Martindale-Hubbell AV Preeminent rating
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