SEATTLE, WA 98101
Focus of Practice
For over 40 years, personal law practice has emphasized business planning and commercial transactions (50%) and dispute resolution (trial, appeals, ADR) (50%) in areas of antitrust, trade regulation and product distribution; corporate and commercial law; intra-corporate disputes; employment; government relations; licensing and protection of intellectual property. Since 2011 I have focused exclusively on serving as the neutral in mediation and arbitration of commercial and business disputes.
Experience since 1973 in complex business and commercial litigation (trials and appeals); experience since 1982 in mediating and arbitrating business and commercial disputes. Cutler Nylander & Hayton, 2002-present; Cutler & Nylander, 1995-2002, and Talmadge and Cutler, 1990-95 (predecessors of Cutler Nylander & Hayton); Sax and MacIver/Karr Tuttle Campbell, 1979-89 (firms merged their practices in 1986); Perkins Coie, 1973-79.
Washington State and U.S. District Court/Western District of Washington (1973); Eastern District of Washington (1979); U.S. Court of Appeals/Ninth Circuit (1991); U.S. Supreme Court (2006); U.S. Claims Court (1976). Admitted pro hac vice in N.D. Texas, M.D. Alabama, N.D. California.
Northwestern University (J.D. with honors, 1973); Georgetown University (A.B. History, 1970).
American Arbitration Assn; FINRA Dispute Resolution; WSBA Sections on Antitrust/Business Torts, Dispute Resolution, Litigation; King County Bar Assn and KCBA ADR Section; Federal Bar Assn/West. Dist. Washington; 9th Circuit Standing Committee on ADR (1997-20010); ADR Roundtable (informal association of Seattle ADR practitioners); Fellow, College of Commercial Arbitrators.
Frequent presenter or attendee at ADR skills-training seminars and conferences sponsored by AAA, WSBA, ABA, KCBA, FBA/WDWA and UW Law School. MEDIATION & ARBITRATION: attended or presented at WSBA NW ADR Conferences 03/24-25/16 (8.75 hrs), 2017 03/24/17 (5.25 hrs) and 2018, 03/22-23/18 (8.0 hrs); WSBA Trends in Mediation Advocacy, 09/25/17 (4.5 hrs).
Experience since 1982 in dispute resolution in private and court-annexed ADR programs involving a wide variety of substantive law areas in business and commerce. MEDIATION: member of following mediation panels -- American Arbitration Assn (1996-); U.S. District Court/Western District of Washington CR 39.1 (1982-); Louisiana-Pacific Inner-Seal Siding Class Action Settlement (U.S. District Court/District of Oregon, 1997-98); AAA Prudential Policyholder Remediation Plan Appeals Committee (1998). Numerous private mediations. ARBITRATION: member of following arbitration panels -- Bering Sea/Alaska Crab Processors Arbitration Organizations (2010-); American Arbitration Assn (national commercial panel, 1992-; large complex case panel, 1999-); FINRA Dispute Resolution (1996-); King County Superior Court Mandatory Arbitration (1982-); U.S. District Court/Western District of Washington CR 39.1 (1993-); Louisiana-Pacific Inner-Seal Siding Class Action Settlement (U.S. District Court/District of Oregon, 1997-98); AAA Prudential Policyholder Remediation Plan Appeals Committee (1998). Numerous bench trials as King County Superior Court judge pro tem (mid- to late 1990s); Special Master for Weyerhaeuser Hard Board Siding Class Action Settlement (San Francisco Co. Superior Court) (2000-2011); other special master assignments for King Co. Superior Court.
ADR Practice Areas
Antitrust/Trade Regulation, Business Litigation, Contracts, Corporations, Employment, Intellectual Property