Michael E. Chait
Of Counsel

Mike has extensive experience in litigating high-conflict disputes and delivering creative legal solutions. Mike’s clients rely on his focus on their specific business needs and goals to navigate all phases of litigation in federal and state courts, as well as in alternative dispute resolution proceedings. Mike also has a wealth of experience advising businesses on transactions, regulatory compliance, and commercial matters.

Mike started his career litigating complex commercial and intellectual property disputes at Los Angeles-based Mitchell Silberberg & Knupp, before moving to Seattle and becoming managing partner at Montgomery Scarp & Chait, where his practice included defending transportation claims, catastrophic injury suits and employment claims, in addition to a wide variety of commercial litigation. Mike has worked with clients in an array of industries, from entertainment to railroads, high tech to retail, and loves the process of learning the ins-and-outs of his clients’ businesses.

Mike lives on Vashon Island with his wife and three daughters. When not in the office, you can find Mike in the kitchen fermenting something (anything!), building backyard structures with his daughters, or cheering on his old team, the Husky Crew.

Areas of Practice

Prior Professional Experience

  • Montgomery Scarp & Chait PLLC, 2015-2022
    • Managing Partner, 2018-2022
    • Senior Associate, 2015-2018
  • Mitchell, Silberberg & Knupp LLP, Summer 2005; 2006-2015
  • Extern for the Honorable Frederic Block, United States District Court for the Eastern District of New York, 2004

Education

  • University of Southern California Law School, J.D., 2006
  • University of Washington, B.A. cum laude, 2000
    • Phi Beta Kappa

Bar Admissions

  • Washington
  • California
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, Western District of Washington
  • United States District Court, Eastern District of Washington
  • United States District Court, Central District of California
  • United States District Court, Northern District of California
  • United States District Court, Southern District of California

Representative Cases

  • BNSF Railway Company v. Thomas Clark. Represented railroad to address a medical examiner’s attempt to use statutory procedure to avoid disclosure of key materials; obtained writ of mandate on summary judgment, preventing medical examiner’s use of the procedure, which was affirmed by the Washington Supreme Court.
  • Chumbley, et al. v. Snohomish County. Represented property owner alleging violations relating to permitting of adjacent property’s water treatment system in landslide zone; obtained ruling from Court of Appeals holding that Land Use Petition was timely and County was not preempted from enforcing land disturbing activities and critical areas ordinances.
  • Bartz v. Burlington N. Santa Fe, LLC. Represented railroad in wrongful death action; obtained dismissal on the pleadings, with the Court of Appeals affirming, as an issue of first impression, that statutory immunity applied to injuries to trespasser occurring upon a railroad bridge or trestle.
  • Rossich v. BNSF Railway Company. Represented railroad in claims by former employee of retaliation in violation of Federal Railroad Safety Act, alleging termination for reporting an injury; obtained defense verdict after three week jury trial in United States District Court.
  • Global Direct Components, LLC  v. Lippert Components, Inc. Represented RV component manufacturer in lawsuit alleging misappropriation of trade secrets; obtained defense verdict following three week jury trial.

Recognition and Leadership

Professional Recognition & Honors

  • ACLU of Southern California – First Amendment Award
  • Public Counsel – Pro Bono Award

Professional Associations & Leadership

  • Federal Bar Association of the Western District of Washington, 2022
  • Washington Trial Defense Lawyers
    • Board of Trustees, 2021-present
    • Chair, Rules Committee, 2019-present
    • Member, 2015-present
  • Member, National Association of Railroad Trial Counsel, 2015-present
  • Member, International Association of Privacy Professionals, 2013-2015, 2021-present
  • Jury Diversity Task Force, Washington State Minority and Justice Commission, 2018

Publications & Presentations

  • A Second Bite at The Apple: State Law Wrongful Discharge Claims, NARTC Special Litigation Conference, presenter, 2018
  • Social Media & Privacy: Building Your Online Presence and Protecting Your Digital Assets, California Club, panelist and moderator, 2014
  • Michael Chait, Susan Ross, and Sarah Taylor Wirtz, Tips for Conducting an Internal Investigation, MS&K Corporate Alert, 2014
  • Michael Chait and Susan Kohn Ross, Cybersecurity Update – How Are You Impacted?, MS&K Corporate Alert, 2014
  • Michael Chait, Steps to Protect the Identity of Your Secret Source, Lexology, 2013