David R. West

Overview

Clients appreciate David’s ability to find creative solutions and to help guide them through adversarial legal proceedings with a keen eye on the ultimate goals of the client. He’s experienced in all areas of commercial litigation, but he believes that litigation is a tool, not a goal, and that problems can often be resolved by means other than handing a matter to a third party for a decision.  

David has successfully resolved hundreds of matters through negotiation, discovery, motions and trial or arbitration. Each case is unique and each client’s goals inform how a matter is handled. He has helped clients in cases involving purchases and sales of businesses and their assets, fiduciary duties of corporate actors, lender liability, breach of contract, real estate disputes, Uniform Commercial Code (UCC), employment, antitrust, and personal injury and product liability. David also speaks and advises on issues pertaining to legal ethics, the attorney-client privilege, and work product doctrine. 

David has litigated many cases involving foreign clients or adversaries and has conducted deposition discovery overseas. He has extensive experience in matters relating to maritime law and litigation, including maritime mortgage and lien foreclosures, personal injury litigation, oil spill litigation, maritime contract cases, ship repair litigation and salvage matters.

Professional Activities

• Federal Bar Association, Admiralty Law Section, Member
• Garvey Schubert Barer, Seattle Office
  • Managing Director
  • Executive Committee, 2004-2006 and 2013-2019

Community Activities

• Sammamish Little League, Vice President and Counsel, 2002-2005
• Skyline Lacrosse Club
  • Board Member, 2008-2011
  • President, 2009-2011 

Experience

• Defense counsel for foreign public company in antitrust lawsuit alleging seven year price-fixing conspiracy. Conducted discovery throughout Pacific Northwest and in Japan.

• Lead counsel advising stock purchaser of $94 million company in prosecuting claims against sellers for purchase price adjustments, indemnity claims and related litigation.

• Lead counsel advising stock purchaser of minor league sports team against seller for adjustments under purchase and sale agreement.

• Lead counsel defending investment advisory firm in matters arising from investments in business alleged to be Ponzi scheme.

• Lead counsel defending lender from claims for fraud, criminal conspiracy, state and federal RICO. Plaintiff’s claims for over $9 million dismissed on summary judgment shortly before trial; judgment entered for lender for all loan balances and all attorneys’ fees expended; client recovered all amounts in full.

• Lead counsel for a Washington Indian Tribe in connection with litigation matters involving fisheries and related natural resource claims.

• Lead counsel for vessel owner in oil spill matter in which primary claimant was an Indian Tribe seeking recovery of spiritual and cultural damages.

• Lead counsel in defense of breach of fiduciary duty claims in derivative shareholder litigation – closely held family company.

• Lead counsel in defense of employment discrimination claims made by former VP of Human Resources of client.

• Lead counsel in defense of employment discrimination claims made by former President of client.

• Lead counsel in multiple matters for major oil company; pursued claims for damages arising from tanker-dock allision and defective propulsion machinery.

• Lead counsel in multiple matters involving claims by adjoining landowners of adverse possession, tree trespass, easements, and fence and boundary disputes.

• Lead counsel in numerous maritime matters, including dozens of personal injury cases, oil spills, P&I investigations, claims for damage to cargo and docks, insurance coverage, broker liability, demurrage, maintenance and cure, and vessel casualties.

• Lead counsel pursuing breach of fiduciary duty claims against client’s former corporate officers, director and attorneys who formed competing company.

• Lead trial counsel for transportation company on multiple legal matters arising from planned use of marine terminal to serve oil company, including SEPA and land use challenges. Prevailed in full after multiday hearing.

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