Seattle
(206) 903-8864 P
(206) 260-9177 F

David M. Jacobson

Partner

David Jacobson is a Partner in Dorsey's Trial, Regulatory and Technology group and a member of the Seattle Trial practice. He has concentrated his practice on a broad range of complex civil cases in state and federal court, with an emphasis on securities, class actions, unfair and anti-competitive business practices, energy, real estate and tax litigation. Mr. Jacobson advises and represents national and international clients in trials, appeals and administrative proceedings.

Representative Litigation

Deep Well Oil & Gas, Inc. v. Tamm Oil and Gas Corporation. Currently represent Deep Well Oil & Gas, Inc. in litigation alleging violations of federal securities laws in connection with an alleged illegal tender offer, as well as violations of the Lanham Act, state unfair business practice laws, and defamation. The case is venued in the federal district court in Nevada. Deep Well's motion for preliminary injunction is pending, and the parties are conducting expedited discovery.
Qwest Corporation v. City of Bellevue, 166 P.3d 667 (Wa. 2007). Represented Qwest Corporation in a $5 million tax dispute with the City of Bellevue, concerning the City’s right to assess a utility occupation tax on charges for access to interstate telecommunications services. Result: summary judgment declaring that the assessment was invalid, affirmed by Washington Supreme Court.
In re Avista Corporation Securities Litigation. Defended Avista Corporation in a federal securities fraud class action that alleged $2.6 billion in investor losses resulting from misrepresentations about Avista’s business focus, energy transactions and risk management procedures and controls. Result: complaint dismissed without prejudice for failure to allege loss causation (415 F.Supp.2d 1214 (E.D. Wash. 2005)); following amendment of the complaint, settlement on favorable terms.
May Trucking Company v. TEC Equipment Inc., et. al. Currently represent Volvo Trucks North America, Inc. in multi-million dollar breach of contract case filed in Oregon state court, arising from an alleged purchase/sale agreement for approximately 500 trucks. Result: trial court granted Volvo’s motion for summary judgment on grounds of the Statute of Frauds; appeal pending.
Wah Chang v. Avista Corp., et. al. , 507 F.3d 1222 (9th Cir. 2007). Represented Avista Corporation in a lawsuit filed in the District of Oregon against several energy companies and transferred by the JPML to the Southern District of California, based on alleged false scheduling and bid rigging, creating false congestion, misrepresenting the source and destination of energy, and misrepresenting energy supply. Plaintiff asserts violations of federal and state antitrust laws, violations of the Racketeer Influenced and Corrupt Organization Act, and wrongful interference with contract. Result: district court dismissed on grounds of the FERC’s exclusive jurisdiction and the filed-rate doctrine, and Ninth Circuit affirmed.

Admissions

Washington
Oregon
United States Court of Appeals for the Ninth Circuit and Federal Circuit
United States District Courts for the Western District of Washington, Eastern District of Washington and District of Oregon

Honors

AV Peer Review Rated by Lexis-Nexis Martindale Hubbell
Recognized as a "Rising Star" by Washington Law & Politics
University of Illinois Vice-Chancellor's Teaching Scholars Award
Andrew W. Mellon Postdoctoral Fellow

Education

University of Illinois College of Law
J.D., 1997, magna cum laude
Order of the Coif, Law Review
University of Washington
Ph.D., English, 1987; M.A. English, 1983
Graduate Faculty of Political and Social Science, New School for Social Research
M.A., Philosophy, 1980
University of Oregon
B.S., Philosophy/Political Science, 1975

Related Practices