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| Philip E. Cutler |
| Thomas W. Hayton |
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| Robert G. Nylander | |
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PROFESSIONAL EMPLOYMENT HISTORY 1990-Present 1987-1990 1985-1987 |
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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 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 PROFESSIONAL ACTIVITIES LEGAL EDUCATION GRADUATE EDUCATION UNDERGRADUATE EDUCATION PUBLICATIONS |
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| Article by Phil Cutler: "Practice Pointers for Counsel in Mediations" |
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