Mike is the Chair of the firm’s Litigation Group. His practice focuses on litigation involving a wide variety of commercial disputes in state and federal trial and appellate courts, and in arbitration and mediation forums. His cases have encompassed the following areas: securities litigation; patent, trademark, and copyright infringement; software quality disputes; employment discrimination and wrongful discharge; product liability; unfair competition and antitrust; real property; and contract disputes. Mike also regularly serves as an arbitrator and mediator.
Corrugated Technologies, Inc. v. Weyerhaeuser Company. I represented Weyerhaeuser in this complex software development and licensing dispute in federal court in San Diego.
Bristol-Myers Squibb Company. I represent Bristol-Myers Squibb in pharmaceutical products liability cases in Washington State, including class action cases and individual cases. In LaMontagne vs. Bristol-Myers Squibb Company, 127 Wn.App. 335, 111 P.3d 857 (2005), we successfully argued that plaintiffs’ claims should be dismissed on summary judgment because the warnings in the pharmaceutical package insert were adequate as a matter of law.
Zymogenetics, Inc. v. Immunex Corporation. I was co-counsel for defendant Immunex Corporation in this biotechnology patent infringement case. The case involved the novel use of a neutral expert to provide the court with a tutorial on the biotechnology involved in the litigation. The case was favorably resolved pursuant to a license agreement.
Cascade Airways v. Horizon Air Industries, Inc. I represented Horizon Air in this $78 million RICO and securities fraud case brought in federal district court in Spokane, which was dismissed on our motion for summary judgment. The dismissal was affirmed by the Ninth Circuit Court of Appeals.
In-N-Out Burgers v. Top Notch Burger, Inc. I represented In-N-Out Burgers in this action for trademark, service mark, and trade dress infringement.
Merrill Lynch, Pierce, Fenner & Smith Inc.; Salomon Smith Barney; and CIBC Oppenheimer Corp; Edward D. Jones & Co. I've handled a wide variety of securities cases for these and other clients in state and federal courts and before arbitration tribunals. I've also represented stockbrokers and securities compliance officers in connection with regulatory enforcement proceedings.
Merrell Dow Pharmaceuticals Inc. I represented Merrell Dow in over 30 Bendectin cases filed throughout Washington State. Two of the cases were consolidated in federal district court in Tacoma for a four-week jury trial, which resulted in a defense verdict. All of the other cases were settled for nominal amounts.
Professional and Civic Involvement
King County Bar Association (Judicial Screening Committee)
Washington State Bar Association (Litigation Section)
American Bar Association (Litigation, Business Law, and Intellectual Property Law Sections)
QLaw, Judicial Evaluation Committee
Pride Foundation, Board of Directors
Bainbridge Island School Board, Former Director
ElderHealth Northwest, Past President and Board of Directors
Leadership Tomorrow, Class of 1991
Articles and Presentations
Faculty, CLE seminar "16th Annual NW Dispute Resolution Conference," presented by the University of Washington School of Law. Co-Presenter addressing Resolving Investment Disputes: A Guide to Investor Claims and How to Settle Them, May 2, 2009
Faculty, CLE Seminar "Securities Fraud: Prosecuting and Defending Securities Fraud Claims & Defense of Regulatory Action," presented by the National Business Institute. Speaker addressing the Subprime Mortgage Crisis and Emerging Securities Vehicles and participant in a panel discussion on Ethics: Prevent Becoming a Defendant, 2008
Speaker, Liability of Financial Advisors seminar, sponsored by The Seminar Group, October 31, 2005
Honors / Awards / Unique Recognition
Repeatedly recognized as a "Super Lawyer" by Washington Law & Politics and Thomson Reuters' Washington Super Lawyers, most recently in 2012
J.D., Stanford Law School, 1982
A. B., Stanford University, with distinction, 1979
B.S., Stanford University, 1979.
Phi Beta Kappa
Washington State Supreme Court
U.S. Supreme Court
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Western and Eastern Districts of Washington
I usually spend my Bainbridge Island ferry commute with my nose buried in a book. I have a longstanding interest in German language and literature, and have been fortunate to live and travel in Germany on a number of occasions. I love to hike and bike, especially with my children - Anna, Elizabeth, and John.
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