• |
  • |
© 2012 Dorsey & Whitney LLP

  • Martindale Hubbell AV Preeminent Rated™ Lawyer, 2010
  • Listed in "Best Lawyers in America in Commercial Litigation," The American Lawyer and Corporate Counsel (2007-present)
  • Named a "Super Lawyer" by Washington Law & Politics, 2000-2011; "Top 100 Super Lawyers," 2000-2006
  • Who’s Who in American Law, 1994-Present
  • National Registry of Who’s Who, 2000-Present

  • Stanford Law School (J.D., 1975)
  • Stanford University (B.A., 1972)

  • Washington
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Courts

Peter Ehrlichman

Partner
Seattle
P: (206) 903-8825
F: (206) 260-9106
|
Peter is a partner and senior member of the Seattle Trial practice. Mr. Ehrlichman’s practice is focused on complex litigation, including in the areas of securities, financial services, real estate and general commercial. Mr. Ehrlichman has substantial experience defending class actions. In addition to working with companies and individuals from Washington and Oregon, Mr. Ehrlichman has represented clients throughout the United States. He has extensive trial and arbitration experience during his 34 years as a trial attorney, including having recently successfully defended a four-week securities fraud jury trial in federal court brought by the Securities & Exchange Commission, and a 17 day arbitration involving multimillion dollar breach of contract and tort claims. In the financial services area, Mr. Ehrlichman has defended banks in multiple suits, including involving corporate trust matters and cases under the Uniform Commercial Code.

Mr. Ehrlichman served as chair of the Dorsey & Whitney Seattle Trial group, and has served in a variety of bar leadership positions, including as a member of the state bar association’s board of governors, member of the ABA House of Delegates, state co-chair of the American Bar Foundation Fellows (receiving the 2011 Outstanding State Chair award), and currently serves as an elected Trustee of the King County Bar Association Board of Trustees. He is recognized in the Best Lawyers In America in several litigation categories (securities, general commercial, employment, IP and real estate) and has been recognized by Washington Super Lawyers since inception (including Top 10, and Top 100 rankings.) 

Representative Litigation

Peter has tried numerous significant cases to verdict or decision in 2005-9, including a 2009 federal securities case in the U.S. District Court (WD Wash.) and a 17-day trial in Oregon (settled before judgment), as well as a 14-day contested arbitration in 2007.

Representative cases include the following:

Financial and Securities Litigation
  • SEC v. Fuhlendorf. Defended CFO in 10b-5 suit, tried before jury during a four week trial, resulting in a hung jury. Favorably settled (no money involved) before retrial. Also settled related class action. (W.D. Washington, 2011)
  • Defended large financial institution in FINRA arbitration involving auction rate securities (Settled.)
  • U.S. Bank v. Eel River Investment Company.  Successfully commenced recovery action against Eel River entities in U.S. District Court (W.D. Washington, 2009) 
  • Merton McGrew v. Northwestern Trust, et al.  Defended U.S. Bank in a class action involving Partners Mortgage bankruptcy.  Settled on favorable terms. (King County Superior Court, 2005)
  • In re Charter Communications Inc. Securities Class Action.  These securities cases were consolidated in the U.S. District Court of the E.D. Missouri.  We were co-counsel for Paul Allen, chairman of the Board of Charter.  (USDC E.D. Mo.)
  • Hill v. BDO Seidman LLP, et. al.  Represented national accounting firm in securities case arising out of bankruptcy of its audit client. (USDC W.D. Wash.)
  • Midcom Communications Inc. Securities Litigation.  One of the first class actions brought locally under the Private Securities Litigation Reform Act, alleging misrepresentations in a recent IPO and interim reports, and involving 1933 and 1934 securities acts and state law claims. We obtained a dismissal order in favor of all defendants, and the case ultimately settled on favorable terms. (USDC W.D. Wash.)
Health Law and Litigation
  • Swedish Medical Center.  Certificate of Need litigation involving the Washington Department of Health's denial of CON for Issaquah Hospital and other facilities.  Obtained reversal of Health Law Judge's decision denying certificate of need (Judge Hillyer, King County Superior Court, 2007); obtain Dept. of Health and Health Law approval of hospital after judge's additional adjudicative proceedings and appeals. (2008)
  • Swedish Medical Center. adv. University of Washington Medical Center Certificate of Need litigation involving Liver Transplant CN. Obtain 9-0 decision from the Washington State Supreme Court affirming Health Law Judge's decision to grant Certificate of Need and reversing Thurston County Superior Court decision. (June, 2008)
  • MultiCare Health Systems, Inc.  Involved in a variety of Certificate of Need proceedings, including Gig Harbor ASC. (2007)
  • UnitedHealth Group. Involved in a variety of representations including in U.S. District Court for Oregon.
  • Confidential Provider.  Representing provider in seeking to obtain CN for significant new facility. (2009)
Complex Corporate, Commercial and Intellectual Property Litigation
  • Hartman v. Comcast Business Communications. (USDC, W.D. Washington, 2011) Defended class action involving alleged violations of state ADAD statute. (Settled)
  • Baron v. Direct Capital Corp. (USDC WD WA 2009) Defend class action involving alleged violations of ADAD and “Robo Call” federal and state statutes. (Settled)
  • B-Line Holdings, L.L.C., et al. v. William S. Weinstein, et al. (Multnomah County Circuit Court, Oregon, 2009). Represented one of the leading purchasers and servicers of consumer bankruptcy accounts in a complex, multi-million dollar, multi-party lawsuit involving corporate control, contractual drag-along rights, legal malpractice, and breach of fiduciary duty claims. (Settled on favorable terms).
  • CMN, Inc. dba Colliers International v. Colliers Property Consultants, Inc. Delaware Chancery Court. (2007)  Suit against board for breach of fudiciary duties resulting in favorable corporate governance reorganization.
  • SSI v. Matsuda.  A case brought by one Japanese company against our Japanese client Sourcenext, dismissed on forum non conveniens grounds, and affirmed by the 9th Circuit Court of Appeals.
  • Pacific Market International v. The Thermos Company.  Tried a 7-day jury trial to verdict in a Lanham Act action. 
  • Simpson Manufacturing Co. v. Commins Manufacturing Co.  Representing the defendant in trade secret and contract claims including rights to patented construction (tie-down) device.  Settled on favorable terms.  (USDC N.D. Calif.)
  • Ferguson, et. al. v. Riverside School District Number 416, JELD-WEN, inc., et. al.  This case was filed as a putative class action against the window manufacturer. It involved claims arising out of the construction of a new wing of classrooms at the Spokane area high school, including toxic mold tort claims.  The motion to certify the class was defeated, and the case (along with a companion state court action) ultimately settled following several mediation sessions on very favorable terms in 2003. (USDC E.D. Wash.)
  • In Re Flat Glass Antitrust Litigation.  Represented a national window manufacturing company as plaintiff against national glass manufacturers in price-fixing antitrust action. (USDC W.D. Penn.)
  • Regional Disposal Company v. The County of King. We defended the County regarding a public procurement process in which King County contracted with RDC (Rabanco) to receive CDL. RDC received substantial amounts of CDL, but sought millions of dollars from the County in “lost profits.”  The case was successfully settled in mediation for an amount substantially less than originally authorized by the King County Council. (King County Superior Court)
  • In Re Residential Doors Antitrust Litigation.  A MDL antitrust/price fixing class action brought against a large national door manufacturing company and other national door manufacturers following a Department of Justice investigation in the door industry. Following intense two years of litigation, the case settled on extremely favorable terms. (USDC E.D.Penn.)
  • ATL Ultrasound v. General Electric Co.  A nondisclosure case brought against GE Medical Systems attempting to preclude officer in sales from working at GEMS; injunction avoided. (King County Superior Court)
  • Fuddruckers v. Flakey Jakes.  Suit for infringement of trade dress and Lahnam Act claims (successfully defended). (USDC E.D. Wash.) 
  • In re Sea Galley Stores, Inc. and Flakey Jakes, Inc.  Defended franchisor in series of suits involving franchisees' claims involving unsuccessful development of national chain of Flakey Jakes restaurants. (King County Superior Court)

Presentations

Speaker at Continuing Legal Education seminars, industry group seminars and radio on securities, litigation, intellectual property and employment issues, including:
  • Speaker at “Real Estate Mortgage Market Litigation,- Ethical Considerations for Lawyers Practicing in the Real Estate Mortgage Market” Seattle, WA, February 2010 (The Seminar Group CLE)
  • WSBA - "High Profile Cases: Experience the Cases with the Lawyers Who Tried Them Seminar," Seattle, WA, December 2008
  • KIRO News Radio 710, Dori Monson Show. Commentary on Sonics Litigation. May, 2008
  • Chair and speaker at "Rules of Evidence," Seattle, WA, May 2008 (Lorman CLE)
  • WSBA – "The New Rules for Business Litigators," Seattle, WA, November 2007
  • King County Bar Association (KCBA) Ethics Workout: "Overview of Committee Mandate and Work Product: The Initial Assignment," King County Bar Association, Seattle, WA, December 2006
  • Organized and chaired the all-day CLE sponsored by the Washington Bar Association (WSBA) generally entitled "50 Ways to Lose your Client: Pitfalls Every Business Lawyer Should Avoid,"  October 2006
  • The New Rules of Professional Conduct, WSBA, Sept. 18, 2006 speaking about "Information Relating to Representation."
  • WSBA - "Ethics with Ease: Ethics for Business Lawyers," Seattle, WA, December 2004
  • WSBA - "Ethics in the Courtroom," Young Lawyers Division, Seattle, WA, November 2004
  • King County Bench Bar Conference: "Practicing in a World of Change (Early Mediation)," KCBA, Seattle, WA, November 2004
  • WSBA - 24th Annual Northwest Securities Institute - "Ethics, Reporting Up and Other Developments," February 2004.
  • "WSBA - Ethics 2004 Committee," General Counsel Forum, November 2003 
  • "Ethics in the Courtroom," Washington Young Lawyers Division Trial Advocacy Program, November, 2003
  • "Selected Topics on Securities Enforcement From a Trial Lawyer's Perspective," PWC Roundtable, October 2003
  • "Protecting Trade Secrets," 6th Annual Intellectual Property Institute, March 2001

Professional Activities

  • American Bar Association
    • Delegate to the House of Delegates, 2003 – present
    • ABF, Life Fellow; Co-Chair for Washington State, Fellows of the American Bar Foundation, 2006 – present
    • ABA, Member, Litigation & Intellectual Property Sections; Member, Securities Litigation Committee
    • ABA Forum on Franchising, Member, 2007 – present
  • Washington State Bar Association
    • Board of Governors, 1994–1997
    • Chair, Board of Governors Discipline Committee, 1995–1997
    • Chair, Board of Governors Ad-Hoc Litigation Committee, 1995–1997
    • Chair, Ad-Hoc Discipline Oversight Committee, 1997
    • Member, Committee for the Evaluation of the Rules of Professional Conduct - 2003–2004
    • Member, Blue Ribbon Committee to Define the Practice of Law, 1999–2001
  • King County Bar Association
    • Trustee of the Board, Current
    • Representative to ABA House of Delegates, 2006-2010
    • King County Bar Foundation, Trustee 2002-2009; Chair, Breakfast with Champions; Executive Committee
  • Washington State
    • Governor-Attorney General Risk Management Task Force; Member, 2001–2002
    • Washington Attorney General’s Committee to Review Tort Division, Member, 2002–2003
  • Federal Bar Association (W.D. Washington)
  • Washington State Society of Healthcare Attorneys, Member, 2006 – present 
  • Arts Fund, Board Member, 2009 - present

News & Press Mentions

October 2010
"The Dangers of Interstate Telemarketing," Phone + Magazine
May 1, 2008
Former NBA Seattle Supersonics Owner Files Suit to Rescind Purchase Agreement