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ADR Neutral: Brian Francis McMahon

Brian Francis McMahon
1201 THIRD AVENUE, STE 3600
SEATTLE, WA 98101-3029
Tel: 206-682-8100

Focus of Practice

My legal practice is dedicated to litigation and ADR, with a particular emphasis on intellectual property disputes and related commercial issues. My intellectual property focus is a function of considerable patent litigation experience (particularly in multi-million dollar, bet-the-company contexts), federal and state trademark litigation, and high-stakes federal and state trade secret litigation. My related commercial experience includes litigating unfair business practice claims under state and federal law as well as tortious interference with contract/business expectancy claims under state law. I have represented plaintiffs and defendants in these matters in roughly equal proportion.

Legal Experience

2012-Present: Christensen O'Connor Johnson Kindness PLLC, Seattle, WA, Litigation Group; 2010-2012: Morrison & Foerster LLP, Los Angeles, CA, Litigation Group 2007-2010: Alston & Bird LLP, Charlotte, NC, IP Litigation Group 2006-2007: Morrison & Foerster LLP, Los Angeles, CA, Litigation Group 2004-2006: Latham & Watkins LLP, Los Angeles, CA, IP Litigation Group 2003-2004: Law Clerk for then-Chief Judge H. Robert Mayer, U.S. Court of Appeals for the Federal Circuit

Court Admissions

Washington State Bar; California State Bar; New York State Bar; U.S. Supreme Court; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Western District of Washington; U.S. District Court for the Northern District of California; U.S. District Court for the Central District of California; U.S. District Court for the Southern District of California; U.S. District Court for the Eastern District of California

Education

J.D., Georgetown University Law Center, 2003; B.S., United States Military Academy, 1996

Professional Associations

Federal Bar Association, W.D. Washington; Washington State Patent Lawyers Association

ADR Training

Successfully completed 40 hours of Basic Mediation Training co-sponsored by Seattle University School of Law and the Dispute Resolution Center of King County; completed the following additional CLE courses in 2019: Effective Representation in Mediation and Negotiation; Ethics the heart of mediation; Special Tips for Representing Parties in Mediation; Securities Arbitration 2019; Top Questions You Should Ask Before Choosing a Mediator for Your Case; and Mediation: Start to Finish.

ADR Experience

Successfully served as a neutral in a trademark dispute between litigants to mediate and settle pending litigation; observed several additional mediations as part of the Mediation Practicum offered by the Dispute Resolution Center of King County; represented clients in arbitration involving various commercial and intellectual property claims adjudicated after a 10-day hearing. Significant experience in advising clients in both structured and unstructured settlement negotiations. Familiar with and comfortable in employing various mediation approaches and techniques (depending on party preferences), including but not limited to Facilitative, Evaluative, and Transformative Approaches.

ADR Practice Areas

Business Litigation, Consumer Protection, Contracts, Intellectual Property, Torts