NATHAN BRINGS A WIDE RANGE OF EXPERIENCE IN COMPLEX COMMERCIAL LITIGATION TO SOLVE – EFFICIENTLY AND EFFECTIVELY – THE WIDE RANGE OF COMPLEX PROBLEMS BUSINESS CLIENTS FACE TODAY.
Nathan’s experience includes an emphasis in general commercial litigation, securities, trust & estate, intellectual property and professional malpractice matters. Nathan both prosecutes and defends against claims for businesses large and small, trustees, investment advisors and other fiduciaries. Nathan handles matters involving contract and licensing disputes, franchising disputes, consumer protection claims, fiduciary duty claims, intellectual property claims (including trademark, trade dress, unfair competition and copyright) and banking litigation. Nathan practices before state and federal courts and arbitration panels throughout the country, as well as before state and federal regulators.
Nathan also devotes substantial time to pro bono activities, including representing plaintiffs in constitutional rights cases and advising nonprofit organizations on corporate governance issues.
Education & Admissions
University of Minnesota Law School (J.D., 2001), cum laude, Philip C. Jessup International Moot Court
Liberty University (B.S., English and Telecommunications, 1995)
- New York
U.S. District Courts for the Western and Eastern Districts of Washington
U.S. District Courts for the Southern and Eastern Districts of New York
U.S. Court of Appeals for the Ninth Circuit
- Ritchie Bros. Auctioneers, Inc. (Various Jurisdictions) – Represent world’s largest auctioneer of heavy equipment in a variety of business disputes. (ongoing)
- Key Tronic Corporation v. Smart Technologies ULC (E.D. Wa.; International Centre for Dispute Resolution) – Represent electronics manufacturing services company asserting contract claims against original equipment manufacturer. (pending)
- Money Mailer, LLC v. Brewer (W.D. Wash.) – Representing national direct mailing company in franchising dispute. (pending)
- (Confidential) – Represent franchisees against franchisor involving Washington Investment Protection Act and trade secret claims. (pending)
- Baskin-Robbins Franchising LLC v. Alpenrose Dairy, Inc. (D. Mass.) – Represented respected Northwest dairy in franchise dispute.
- CMN, Inc. dba Colliers International v. Colliers Property Consultants Inc. et al, (Delaware Chancery Court) – Represented Colliers in a suit against the Board of Directors for breach of fiduciary duties resulting in favorable corporate governance reorganization.
- Venetian Stone Works LLC v. Marmo Meccanica S.p.A. (W.D. Wa.) – Successfully defeated consumer protection claims asserted against manufacturer of stone-cutting equipment.
- Pacific Market International v. Won Joon Kim (AAA Arbitration) – Successfully prosecuted fraud, breach of contract and breach of fiduciary duties claims through two-week arbitration hearing against former company manager.
- Morris Holdings, LLC v. Grown Up USA, LLC (King County Superior Court) – Successfully defended luxury bag manufacturer against claims of replevin, conversion and fraudulent transfer. Obtained summary judgment on issues of superior title in goods and sale proceeds.
- Ingenix Pharmaceutical Services, Inc. v. Cell Therapeutics, Inc. (AAA Arbitration) – Represented clinical research organization in complex commercial contract dispute over provision of services to pharmaceutical company. Obtained favorable settlement.
- Summit REIT v. Jameson Babbitt (King County Superior Court) – Prosecuted legal malpractice action involving improperly drafted commercial leases. Favorably settled on the eve of trial.
- Porsche Financial Services – Represent PFS in a variety of bankruptcy and replevin actions. (ongoing)
- Trader Joe’s v. Michael Hallatt (dba Pirate Joe’s) (W.D. Wa.) – Defended Canadian business owner against trademark infringement and dilution claims and state consumer protection act claims.
- Bern Unlimited v. Smith Sport Optics, Inc. (D. Mass.) – Successfully defended manufacturer against claims of trade dress infringement used on snow helmets.
- Microsoft Corp v. Google, Inc. (W.D. Wa.) – Defended Google in lawsuit alleging inter alia trade secrets violations and tortious interference claims. Defeated Microsoft's efforts to obtain preliminary injunction against a former vice president working for Google.
- The Procter & Gamble Company (E.D.N.Y., S.D.N.Y.) – Represented P&G in trademark and trade dress actions. (prior firm experience)
- Deere & Company v. MTD Products Inc. (S.D.N.Y.) – Successfully defended lawn and garden equipment manufacturer against claims of trademark and trade dress infringement. (prior firm experience)
- Brown, et al. v. RP Capital (D. Or.) – Represented broker-dealer and registered representatives in securities class action.
- Oppenheimer & Co., Inc. – Prosecuted claims against former financial advisors.
- Merrill Lynch – Defended broker dealers and investment advisors in multiple FINRA arbitrations in Washington, New York, and Michigan.
- SEC v. Fuhlendorf – Represented former public company chief financial officer in his defense of a securities enforcement action involving 10b-5 and other claims, achieving a hung jury following a month-long trial and then a favorable settlement of all claims.
- U.S. Bank v. Eel River Investment Company et al. – Represented U.S. Bank in state securities litigation, resulting in substantial recoveries.
- McGrew v. Northwestern Trust, et al. – Represented U.S. Bank in its defense of a class action alleging state securities law and related tort and contract claims, resulting in a favorable settlement following summary judgment dismissal of the primary claims.
- U.S. Bancorp Investments, Inc. – Successfully defended broker employee of U.S Bancorp in lawsuit alleging trade secret violations from former broker-dealer employer.
Trust & Estate Litigation
- Successfully defended trustee in case alleging breaches of fiduciary duty. Achieved a finding of no liability following a week-long trial in Washington State Superior Court.
- Successfully recovered monies for beneficiaries, which the trustor had diverted from the trust.
- Negotiated favorable settlement to obtain funds for trustee and beneficiaries arising from violations of the Washington Prudent Investment Act.
Indian Law/Tribal Issues
- Successfully defended tribe and its lender in construction dispute.
- Advised tribe on contractual and financial obligations in development agreement, and successfully extracted tribe from future financial obligations.
- Advised tribe on contractual and financial implications of multi-million business expansion and construction project.
- Provide ongoing advice to tribal client on business and contractual matters.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- “Preventing Fiduciary Liability: Investment Rules & Decision-Making” and “Fiduciary Removal Actions and Litigation” – Trust Administration CLE Seminar sponsored by the National Business Institute (May 2013)
- “Managing Uncertainty in Changing Times: Probate and Trust” – CLE Seminar co-sponsored by the Washington State Bar Association Real Property, Probate & Trust Section (December 2012)
Industries & Practices
- Banking & Financial Institutions
- Class Action Litigation
- Commercial Litigation
- Consumer Financial Services
- Foreign Banks and Financial Institutions
- Franchise & Distribution Law
- Indian & Alaska Native
- Intellectual Property Litigation
- Labor & Employment
- Securities & Financial Services Litigation & Enforcement
- Trusts & Estates Litigation