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Philip E. Cutler
Thomas W. Hayton
Robert G. Nylander
Practice Pointers for Counsel in Mediations
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Mediation
Arbitration and Special Master Services
General Mediator Disclosures of Phil Cutler
Mediator Profile — Phil Cutler
Representative Mediations — Phil Cutler
General Mediation Requirements
Memorandum to Clients: Information Concerning our Upcoming Mediation
Practice Pointers For The Lawyer Advising Clients In Mediation — A Mediator's Perspective
Private Mediation Agreement
Record of Preliminary Hearing Form
Exhibit To Third-Party Subpoenas
Agreement Regarding Mediation Confidentiality And Role Of Mediator
General Arbitrator/Special Master Disclosures of Phil Cutler
Arbitrator/Special Master Profile — Phil Cutler
Representative Arbitrations — Phil Cutler
I Am Your Abitrator. Here Is What To Expect From Me... And What I Expect From You.
Private Arbitration Agreement

Telephone: 206-340-4600
1191 Second Avenue, Suite 1650

Seattle, WA 98101
Facsimile: 206-340-4646

Robert G. Nylander

PROFESSIONAL EMPLOYMENT HISTORY

1990-Present
Attorney
Cutler Nylander & Hayton P.S.
Seattle, Washington

1987-1990
Attorney
Karr Tuttle Campbell
Seattle, Washington

1985-1987
Legal Intern
City of Seattle, Law Department
Seattle, Washington

My present practice is a general business and commercial practice with emphasis on commercial litigation; I work in the area of business disputes, real estate, intellectual property (including computer law) and government regulation of business. This practice includes appellate cases on referral from other attorneys.

PRACTICE HIGHLIGHTS
Represented Russian joint stock company plaintiff in federal court trademark infringement lawsuit against U.S. company. Claims settled within 3 months. (2003)

Represent Hawaiian videographer in federal copyright infringement action. Jury awarded client $170,000+ in statutory damages after 7-day trial (April 2003).

Represented clients in reciprocal cybersquatting/metatagging federal trademark infringement case. Case settled (May 2003) after mediation and resolution of dispositive motions.

Represent Class I manufacturer in defending constitutional challenge to Washington's correctional industry system (Washington Water Jet Workers Association v. Yarbrough, et al., Washington Supreme Court (148 Wn.2d 403, 61 P. 3d 309 (2003))).

Represent large homeowner's association in defending claims brought under residential covenants (Brunhaver v. Roche, 99 Wn.App. 1026, 2000 WL 141285 (2000); 116 Wn. App 1028, 2003 WL 1746354 (2003)).

Represented church organizations defending against claims of religious discrimination. (Farnam v. CRISTA Ministries, 116 Wn.2d 659, 807 P.2d 830 (1991); Calvary Fellowship v. Cheney, 90 Wn.App. 1053, 1998 WL 251762 (1998)).

Represented seller with security interest in mobile home in case on appeal defining the boundaries of the Mobile Home Landlord-Tenant Act (White River Estates v. Hiltbruner, 84 Wn.App. 352, 928 P.2d 440 (1996), reversed in part, 134 Wn.2d 761, 953 P.2d 796 (1998)).

Represented a group of farmers in a complex appeal involving the wrongful termination of their water rights by the Washington Department of Ecology (Rettkowski v. Department of Ecology, 128 Wn.2d 508, 910 P.2d 462 (1996)).

Represented major forensic laboratory in First Washington Supreme Court review of the use of DNA evidence in criminal cases (State v. Cauthron, 120 Wn.2d 879, 846 P.2d 502, 61 USLW2596 (1993)).

Represented transportation industry clients in variety of worker compensation cases, including safety and health issues, workplace deaths, and industrial insurance rates.

Represented municipal government in numerous employment matter, including discrimination and wrongful termination.

Represented small software house in software copyright infringement case involving major automobile manufacturer.

Represented research laboratory in integrated circuit reverse engineering case.

Represented major brewery in defending first fetal alcohol case in United States.

ADMITTED TO PRACTICE
Washington State Bar, 1987; U.S. District Court, Western District of Washington, 1988; Ninth Circuit Court of Appeals, 1990

PROFESSIONAL ACTIVITIES
Member, American Bar Association; Washington State Bar Association, International Section and Intellectual Property Section; King County Bar Association, Labor Law Section (member of Pacific Northwest Labor and Employment Law Conference planning committee, 1996-present), International Section (Chair, 1995-96), Washington Lawyers for the Arts and Volunteer Legal Services (volunteer attorney); Federal Bar Association.

LEGAL EDUCATION
University of Washington School of Law
Juris Doctor, 1987
Honors and Activities: Order of the Barristers, Regional Champion and award for best brief, Northwest Region, Jessup International Law Moot Court Competition, 1986; Semi-Finalist National Round, Jessup International Law Moot Court Competition, 1986; American Jurisprudence Book Awards for Criminal Law, Constitutional Law and Law and the Child; Co-chair, International Law Society, 1985-86; Administrator, Jessup International Law Moot Court Competition, Northwest Region, 1987.

GRADUATE EDUCATION
University of Washington, Seattle, Washington
Completion of course work for the Ph.D.
Degree in Asian Language and Literature (Chinese), 1979
Honors: Fulbright Fellowship to the Chinese Academy of Science, Taipei, Taiwan and to the Sinological Institute, Leiden University, the Netherlands, 1980; National Defense Foreign Language Fellowships, 1973, 1974, 1975, 1977.

UNDERGRADUATE EDUCATION
University of Massachusetts, Amherst, Massachusetts, B.A. in Chinese, 1973
Honors: Certificate of Accomplishment in Asian Studies

PUBLICATIONS
Author: Copyright Basics for the Web and Intranet (Lorman 2001)
Contributing author: Doing Business in Washington (WSBA International Law Section, 1997); Washington Appellate Practice Deskbook (WSBA CLE Committee, 2nd ed. 1998)

 

Article by Phil Cutler: "Practice Pointers for Counsel in Mediations"
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