Office: (206) 464-1900
Direct: (206) 350-1026
Areas of Practice:
Commercial and Business Litigation
Business Organizations
Real Estate
Securities
Secured Transactions
Estate Planning
Litigation Percentage:
50% of Practice Devoted to Litigation
Bar Admissions:
Washington, 1978
U.S. District Court Western District of Washington, 1979
U.S. Court of Appeals 9th Circuit, 1982
U.S. District Court Eastern District of Washington, 2001
Education:
Rutgers School of Law – Camden, New Jersey, 1978
J.D.
Colgate University, Hamilton, New York
B.A.
Major: Philosophy
Professional Associations and Memberships:
American Bar Association
Member
Washington State Bar Association
Member
Seattle-King County Bar Association
Member
Representative Litigation Matters
In re Michael R. Mastro
Represented one of three under-secured creditors in filing the largest involuntary Chapter 7 proceeding in the United States Bankruptcy Court for the Western District of Washington. The debtor eventually stipulated to the entry of an order of relief.
Kalama Chemical v. Tenneco Chemicals et al
Responsible for all aspects of discovery, motions practice and trial preparation for claim for contribution for environmental remediation costs against former owner of chemical plant in New Jersey and against insurers for first party property damage claims, leading to eight-figure settlement for the client’s benefit.
Represented one of several investors in a failing casino. Negotiated DIP financing for Chapter 11 proceeding. Obtained partial release of collateral securing $6 million in defaulted business loans. Defended against three multi-million dollar lender actions on personal guarantees. Pursued contribution claims against co-investors on guaranteed obligations. Pursued to judgment $400,000 fraud claim against casino promoters while obtaining a defense verdict on multi-million dollar contribution claims from promoters.
Represented one of three physicians in defense of hostile termination and LLC dissolution action. Successful defense of effort to enforce non-compete against terminated physician and subsequent resolution of case with distribution of assets to members and extinguishment of non-compete.
Represented managing partner in construction partnership dissolution and litigation. Successfully defended preliminary motions to appoint receiver and/or new managing partner. Negotiated partnership dissolution and interim distribution of assets to partners. Defended in arbitration subsequent partnership accounting and breach of fiduciary duty claims exceeding $3 million and dating back twenty years.
Pursued to settlement wrongful death claim against King County occasioned by decision of King County mental health professionals to release individual who shortly thereafter committed murder and who pleaded not guilty by reason of insanity.
Pursued to settlement serious injury claim involving head trauma and other injuries against Kent Police Department for giving keys to a motor vehicle to unlicensed person who did not own vehicle and who shortly thereafter was involved in head-on collision with vehicle driven by client.
Represented captain of crab vessel against vessel owner for damage claim and then pursued marine insurers who failed to defend vessel owner in primary litigation resulting in substantial recovery for client in arbitration.
Pursued to Settlement timber trespass action against neighbor who cut trees on property line by proving adverse possession of disputed land.
Successfully defended plaintiff’s effort exercise long-arm jurisdiction over Pennsylvania corporation whose only contact with Washington was occasional internet sales of goods.
Representative Transactions
Represented 50% partner in negotiating and documenting corporate restructuring with other family members to give client controlling interest in company.
Represented local coffee company in numerous private financings and restructurings and in merger arising from final sale of company to investor.
Represented local company in sale of assets to Fortune 500 Company.
Represented factoring company in structuring debtor in possession financing for customers.
Represented factoring company in working out defaulted loans, collateral and pursuing guarantees.
Represented local real estate owner in more than $80 million refinancings and provided opinion letters to lenders.
Represented numerous tenants in reviewing and negotiating leases – many with nationally recognized real estate firms.
Represented numerous companies in purchasing and selling commercial real estate.
Drafted numerous partnership agreements and operating agreements for limited liability companies. Represented partners and LLC members in withdrawing from entities.
Represented numerous tenants in reviewing and negotiating leases – many with nationally recognized real estate firms.
Represented numerous companies in purchasing and selling commercial real estate.
Drafted numerous partnership agreements and operating agreements for limited liability companies. Represented partners and LLC members in withdrawing from entities.