Jake, who serves as Co-Chair of Dorsey’s Commercial Litigation Practice Group, is an accomplished trial lawyer with over 30 years of experience representing clients in state and federal trial and appellate courts throughout Washington and in a number of other jurisdictions. He has tried dozens of cases in both state and federal courts including numerous jury trials. Jake also has substantial experience in commercial arbitration of complex business disputes.
Jake’s litigation experience includes a wide variety of complex business disputes, intellectual property protection and construction and government procurement disputes involving bid protests, delay and impact claims and breach of warranty claims.
Before joining Dorsey, Jake was a member and former litigation chair in the law firm of Foster Pepper PLLC in that firm’s Seattle office. He joined Foster Pepper as an associate following law school in 1992.
Education & Admissions
University of Washington School of Law (J.D., 1992)
University of Washington (B.A., 1989), cum laude
- United States District Court for the Western District of Washington
- United States District Court for the Eastern District of Washington
- United States Court of Appeals for the Ninth Circuit
- United States Supreme Court
- Numerous additional state and federal courts on a “pro hac vice” basis for individual cases
A principal part of Jake’s practice involves disputes arising from corporate mergers, acquisitions and other business litigation including contract law and business tort claims. A few examples are listed below.
- Represented a major international retail company in a dispute involving reimbursement for tax credits under California and Washington law. After a multi-day private arbitration the client prevailed and also recovered its attorneys’ fees and costs.
- Regal Ladders Matter. Represented a major international retail company in litigation with a Canadian supplier of hard goods manufactured in China with respect to breach of contract and product safety claims. After a multi-day private arbitration the client prevailed and recovered in excess of US$1 million as well as its attorneys’ fees and costs.
- Motiv Dispute. Represented a leading international retailer in a dispute involving the importation of hard goods manufactured in China. After a multi-day private arbitration the client prevailed on the principal claims brought against it and received in excess of 90% of its attorneys’ fees and costs.
Complex Construction and Procurement
Jake has devoted a substantial portion of his practice to representing clients in complex construction or government procurement disputes as well as in real estate and real-property related claims. While he primarily represents major owners or suppliers, he has also represented a number of general contractors, subcontractors and design professionals, particularly architects.
- JE Dunn v. “Belltown Partners”. Represented developer, The Schuster Group, in connection with multi-million dollar impact and delay claims brought by general contractor for the multi-story Mosler Lofts condominium in the Belltown neighborhood of Seattle. Successfully defended the developer and favorably resolved the litigation after a multiple-day mediation.
- The Defender Association v. the City of Seattle, et al., King County Superior Court No. 11-1-2-21271-8 SEA. Successfully defended the City of Seattle at the trial level and on appeal with respect to claims that the City had failed to adhere to statutory procurement requirements in the statutory public procurement awarding a contract for public defense services.
- Chief Joseph Dam Litigation. Represented a major manufacturer of hydroelectric generation equipment in claims brought in federal court for the recovery of amounts outstanding for the renovation work on the Chief Joseph Dam on the Columbia River.
- University of Washington v. Northern Trust. Successfully represented the University of Washington in litigation to secure approximately $2 billion in securities held by defendant Northern Trust. A restraining order prevented Northern Trust from continuing to hold the securities, culminating in a favorable settlement protecting the University’s assets.
- King County v. Waste Management Inc. Represented King County in litigation brought by national waste hauler over rates, disposal sites and controlling interlocal agreements among various Washington counties. Successfully defeated the claims against King County at the trial level and on appeal.
Injunction/Property Rights Disputes
- The Defender Association v. The City of Seattle, King County Superior Court No. 11-2-21271-8 SEA. Successfully represented the City of Seattle at the trial level and on appeal, in defeating claims for injunctive relief brought by a disappointed bidder in a public procurement award for the provision of public defense services.
- BLR Aerospace v. CSE. Client engineers state-of-the-art aerospace components for fixed wing and rotary aircraft. When it found itself in a dispute with the fabricator of the precision tooled parts it had designed, the fabricator of the parts refused to relinquish the client’s proprietary tooling and related intellectual property. After obtaining a preliminary injunction against the manufacturer requiring the return of all of the tooling and intellectual property at the outset of the litigation, the client was able to use an alternate fabricator to meet customer orders on time and in specification. The litigation was thereafter dismissed.
- Jeld-Wen v. Mauer. Client was the worldwide leader in manufacturing engineered-building products. When an international competitor hired away a key executive it was necessary to obtain injunctive relief to prevent the executive from leaving the company with critical trade secret information and know-how. The injunction was subsequently litigated and enforced in both the US and Australia and the executive was prohibited from accepting the position with the competitor because such employment would have resulted in the inevitable use and disclosure of the client’s critical trade secrets.
- National and International Retail Litigation. Representation of multiple major retailers and manufactures in contract disputes, product liability claims and in property rights cases with respect to leaseholds, encroachment from neighboring developments, or unauthorized presence on client’s property through the use of restraining orders, preliminary injunctions and permanent injunctive relief.
Over the past 30 years, Jake has represented clients in a broad range of intellectual property disputes with particular emphasis on trade secret litigation, but also involving trademark, trade dress, patent infringement, and licensing claims. The following are few examples.</p">
- Protection of Proprietary Code, Algorithms, and related trade secret intellectual property. Represented multiple clients, including a major public university, in protecting algorithms and processes ranging from standardized medical testing technologies to vinyl and polymer recipes and manufacturing processes.
- Aerospace Technology Licensing. Represented an estate of a well-known aerospace engineer and inventor with respect to certain aerodynamic aircraft wing technologies licensed to The Boeing Company and other aircraft manufacturers. The licensing dispute was privately arbitrated to decision before a 3-member Panel resulting in a substantial award to the Estate and the recovery of the Estate’s attorneys’ fees.
- Wireless Technology / Patent Infringement and licensing Dispute. Represented developer and manufacturer of 5G-wireless components used by major U.S. and international telecommunications providers. Representation included successful resolution of complex litigation involving competing patents and overlapping licenses related to quickly evolving 5G technologies.
- Photovoltaic Technology. Represented a large international manufacturer of solar panels and related technology in U.S. federal court involving the cross licensing and assignment of various photovoltaic paste technologies. The litigation involved complex multi-district and multi-national (People’s Republic of China) jurisdictions and was resolved by a successful settlement and cross licensing resolution.
Complex Class Action / Mass Action Defense
Throughout his career, Jake has represented clients, principally defendants, (though he has on occasion also has served as co-lead plaintiffs’ class counsel), in a variety of class actions a few of which are highlighted below.
- Riverside School District Litigation. Represented a large domestic building products manufacturer in class-action litigation brought on behalf of students, teachers, and other staff alleging substantial permanent personal injuries related to toxic indoor air exposure. Successfully prevented certification any class of plaintiffs enabling the client and codefendants to favorably resolve the claims with the small of number of remaining named plaintiffs. A multiday mediation with insurers resulted in the client contributing only a minor fraction of the overall settlement of the claims including those of minors.
- EB-5 Investor Litigation. Successfully represented a major US financial institution in a “mass” action brought by scores of Chinese investors seeking EB-5 immigration visas in connection with their individual investments of at least $500,000 in speculative mining operations. Matter involved allegations of fraud and other malfeasance against developer codefendants and required a complex resolution through years-long litigation, extensive motion practice, and eventual multiple mediations, resulting in a very favorable resolution for the client.
- Fair Housing Class Action Litigation. Represented a major regional housing developer facing claims of discrimination, violations of the Fair Housing Act, and related tort claims. Successfully defeated a motion for preliminary Injunctive relief, defeated the putative class claims, and successfully resolved the remaining claims though motion practice and eventual settlement.
News & Resources
News & Press Mentions
- Guest Lecturer University of Washington for School of Law – Litigating Trade Secrets Claims
- The Art of Working with Expert Witnesses at Trial
- Legal Interrogations: The Art of Cross Examination at Trial
Industries & Practices
- Banking & Financial Institutions
- Commercial Litigation
- Construction Litigation
- Development & Infrastructure
- Food, Beverage & Agribusiness
- Government Contracts Counseling & Litigation
- Healthcare & Life Sciences
- Intellectual Property Litigation
- Public-Private Partnerships
- Real Estate & Land Use
- Real Estate Litigation