Contracts and Commercial Litigation

The story of every case has the same three bedrock elements: a duty, a breach, and damages.  For many business relationships and commercial transactions, the duties are created by contract.  Thus, protecting our clients’ contractual rights is at the core of what we do.  We have successfully represented clients ranging from start-ups to the Fortune 500, including high-tech and e-commerce companies, financial institutions, manufacturers, retailers, service providers, and entrepreneurs.  Our experience extends to disputes arising from all manner of agreements, including supply and distribution agreements, intellectual property and licensing contracts, purchase and sale agreements, financing and investment arrangements, service contracts, contracts for the sale of goods, co-branding and promotional agreements, and joint ventures.  Often these cases involve claims for fraud, misrepresentation, tortious interference with a business relationship, unjust enrichment, or violation of state or federal statutes regulating business practices, such as the Consumer Protection Act, the Lanham Act, the Uniform Fraudulent Transfers Act, the Uniform Trade Secrets Act, or the Washington Securities Act.  We’ve handled them all—skillfully and successfully.

Representative Cases

Amazon v. Expedia.  Defended claims and prosecuted counterclaims for breach of linking and co-branding agreement between national e-commerce giants; defeated motions for summary judgment, developed counterclaims, and then obtained favorable settlement.

InfoFlows v. Corbis.  Prosecuted claims for misappropriation of trade secrets, fraud and breach of contract relating to digital image tracking technology, and defended related counterclaims; obtained $36 million jury verdict and defeated counterclaims in three-week trial.

Straitshot Communications v. Telekenex, Inc., et al.  Prosecuted corporation’s claims for trade secret misappropriation, tortious interference, Consumer Protection Act violations, and breach of employment agreements and of duty of loyalty; obtained $6.5 million judgment at jury trial.

Bank One v. Westar Financial Services.  Defended breach of contract and lender liability claims relating to multi-billion dollar auto lease securitization portfolios, and prosecuted counterclaims for securities fraud and breach of contract; obtained preliminary injunction, obtained dismissal of all claims against bank by summary judgment, and then obtained favorable settlement on counterclaims.

Lai v. Alfa Enterprises Inc.  Defended claims against seller of business for breach of contract, conversion and fraud, and prosecuted counterclaims for breach of contract; obtained defense verdict on claims against client and verdict for client on counterclaims at jury trial.

Rtischev v. SRI International.  Defended claims for breach of contract regarding speech-recognition software; obtained complete dismissal of all claims, and recovery of attorneys’ fees incurred, following arbitration hearing and proceedings.

ChemPoint v. Xenon Arc Inc., et al.  Defended technology startup and its founders against claims for misappropriation of trade secrets, false advertising, usurpation of corporate opportunity and breach of fiduciary duty; obtained ruling entitling clients to advancement of fees under plaintiff’s articles of incorporation, partial summary judgment, and then favorable settlement.

Bert v. Sears Holdings.  Defended consumer class action asserting claims under Consumer Protection Act relating to product warranties; obtained favorable settlement after submission of motion for summary judgment.

Confidential Arbitration.  Prosecuted claims and defended counterclaims in international arbitration relating to termination of exclusive dealing arrangements, non-competition agreement, and use of confidential/proprietary information; secured continuing preliminary injunction enforcing non-competition agreement and prohibiting use of confidential information, and then favorable settlement.

Garrett v. Swedish Health Services, et al.  Defended group of physicians against claims for breach of fiduciary duty and contractual obligations arising out of joint venture; obtained dismissal of all claims against client by summary judgment and also favorable settlement from co-defendant on affirmative claims.

Skinner v. May.  Prosecuted claims to enforce right to convey real property obtained as part of settlement agreement; obtained summary judgment on all claims for full damages claimed plus prejudgment interest.

Streeter & Associates v. Largo.  Defended breach of contract claims; developed and prosecuted counterclaims for architectural malpractice; obtained dismissal of all claims against client, settlement in client’s favor, and substantial award of attorneys’ fees incurred.