Brown v. Legal Foundation of Washington
Defeated constitutional challenge to Interest on Lawyer Trust Account (IOLTA) program that provides substantial funding for legal aid programs nationwide. Supreme Court affirmed en banc Ninth Circuit ruling that such programs are not unconstitutional. 538 U.S. 216 (2003), aff''g 271 F.3d 835 (9th Cir. 2001) (en banc)
Borders v. King County
Defeated challenge to the election of Washington State Governor Christine Gregoire, the closest gubernatorial election in U.S. history. After a two-week trial, the court upheld the election results.
Costco v. Hoen — Plaintiff''s counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco''s attorney''s fees. 407 F. Supp. 2d 1234 & 1247 (W.D. Wash. 2005); 514 F.3d 915 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.
Pharmaceutical Industry Average Wholesale Price Litigation
National coordinating and trial counsel for defendant in nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
Defended cases in U.S. District Court for the District of Massachusetts and in state courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
Saxon Innovations v. Apple et al. — Represented Intel Corporation in defense of patent infringement action in E.D. Tex. alleging infringement of patents relating to microprocessor, chipset and wireless communications/privacy technology.