Freiman, Jonathan M.

SELECTED PROFESSIONAL ACCOMPLISHMENTS
Litigation and Appellate Practice

Succeeded in obtaining vacatur of $23 million default judgment (2007); faulty substitute service. Vacatur order on appeal to Washington Court of Appeals Division III. Case on the merits proceeding to trial (now scheduled for Winter 2009).

Arbitration counsel (2005-2006) for claimant in breach of contract/fiduciary duty/good faith-fair dealing case involving respondent's refusal to remit commission splits under written contract and respondent's disbursement of commission revenues to himself and his associates. After 3-day hearing, arbitrator entered award in client's favor of $601,000, including pre-award interest, all costs and 95% of attorneys' fees.

Special litigation counsel (2003-2006) to receiver of defunct securities company in suits to recover fraudulent transfers and on promissory notes. State court granted receiver summary judgment in fraudulent transfer case; case (2003); one suit on promissory notes settled in mid-six figures (2004); obtained 6-figure default judgment in another case (2004); summary judgment granted client on borrower's claims that note and deed of trust was void (2004) and recovered mid-6-figures in deed of trust foreclosure (2005).

Retained (2001 - 2005) by national securities brokerage firm to represent new broker-employees in breach of contract/trade secret misappropriation actions brought by former employers. Defeated former employers' attempts to obtain TROs from NASD/court.

Represented prison-based water-jet cutting company in constitutional, antitrust and public disclosure claims by competitors arising from the client's participation in the Washington Prison Industries Program. Public disclosure claims resolved in client's favor (1999 and 2004); antitrust claims voluntarily dismissed (2000). Constitutional claims dismissed on summary judgment by the trial court. Washington Supreme Court affirmed (Washington Water Jet Workers Assn v. Yarbrough, 148 Wn.2d 403 (2003)), then reversed on reconsideration (151 Wn.2d 470 (2004)). Plaintiffs' antitrust, consumer protection and tortious interference claims under fourth amended complaint dismissed on summary judgment; on appeal to Washington Court of Appeals Division I (2006-2007).

Retained (2003) to represent minority owner plaintiffs in federal and state court appraisal/breach of fiduciary duty suits against majority owners of cellular telephone partnerships. Cases dismissed on summary judgment. Trial court affirmed by Washington Court of Appeals Division I ( Wn.App. (2006)) and 9th Circuit Court of Appeals ( F.3d (2007)).

Retained (2003) to represent Russian joint stock company plaintiff in federal court trademark infringement lawsuit against U.S. company. Claims settled within 3 months.

Retained (2002) to represent Hawaiian videographer in federal copyright infringement action. Jury awarded client $170,000+ in statutory damages after 7-day trial (April 2003). Thereafter, court awarded client $240,000 in attorneys' fees and costs. Case settled on appeal.

Arbitration counsel for joint venture partner in arbitration (2002) over buy-sell provisions of LLC agreement, alleged trade secret misappropriation, and tortious interference. Claims of other joint venture partner rejected.

Retained (2002) to represent clients in reciprocal cybersquatting/metatagging federal trademark infringement case. Case settled (May 2003) after mediation and resolution of dispositive motions.

Retained (2000) to represent interests of U.S. company and its employees and Chinese parent corporation in misappropriation of trade secrets lawsuit brought by former employer of employees. Case settled within a month.

Special disciplinary counsel for Washington State Bar Association in case against lawyer for trust account violations. After a 3-day hearing (2000), Hearing Officer suspended the lawyer for one year. WSBA Disciplinary Committee reduced punishment to 6 months suspension. Washington Supreme Court affirmed. In re McKean, 148 Wn.2d 849 (2003).

Retained (1999) to prosecute claims of 6 dealers against manufacturer for wrongful termination, Washington Franchise Act violations, federal antitrust (tying) claims. After 10 day arbitration, Panel issued mid 6-figure award (2001) in favor of clients for wrongful termination and Washington Franchise Act violations.

Represented (1997-98) defendants and their former counsel in Federal Trade Commission's contempt of court claim following settlement of FTC pyramid-scheme case by Consent Decree. Defeated FTC's claim for criminal contempt against defendants and for civil contempt against their counsel; civil contempt against defendants forestalled for eight months.

Retained (1997) by major national mortgage lender to defend class action lawsuit challenging document preparation fees as unauthorized practice of law and unfair and deceptive practice under Washington's Consumer Protection Act. Case settled (1999) for nominal amount.

Retained (1999) to defend class action lawsuit against major national automobile insurer claiming attorneys' fees for insured's recovery of Personal Injury Protection payments for benefit of insurer. Case settled (1999) on terms favorable to client. Retained (2000) as local counsel for same insurer in class action lawsuit seeking diminution-in-value damages under UIM portion of policy.

Retained by major national provider of ADR services to prepare amicus curiae brief to Washington Supreme Court in case involving the scope of judicial review of arbitration awards. Court unanimously decided case favorably to client's position; 4-Justice concurring opinion adopted the legal arguments made in amicus brief. Boyd v. Davis, 127 Wn.2d 256 (1995).

Trial and appellate counsel to landowner in state court zoning/environmental challenge to thoroughbred race track. Washington Supreme Court dismissed citizen group's appeal. CAPOW v. Northwest Racing, 126 Wn.2d 356 (1995). Related federal court environmental challenge voluntarily dismissed following plaintiff's failure to obtain preliminary injunction.

Trial counsel for former employee of publishing company in damages phase of lawsuit brought by former employer for tortious interference with former employer's business arising from client's departure and establishment of competing business. After 7 day trial (1993), court rejected former employer's claim for 7-figure damages and awarded $1 nominal damages only; obtained $16,000 in discovery abuse sanctions against former employer.

Selected by major Washington bank to defend it in $1 million loan guaranty suit by Japanese trading company. Architect of successful litigation/negotiation strategy leading to de minimis settlement (1987).

Advised and represented banks, trustees in bankruptcy and other creditors in loan workouts, liquidations, reorganizations, receiverships, and related business litigation (1980-present).

Retained as chief trial counsel by Northern Idaho developer on eve of Idaho state court jury trial of complex commercial and antitrust lawsuit against ski area developer and private utility operator. Settlement achieved after 3 weeks of trial (1992).

Represented major insurance company in successful 7 day trial (1990) of suit against former agent for trade secret misappropriation and enforcement of confidentiality agreement and non-compete covenant. Obtained high 5-figure judgment for attorneys' fees.

Represented trademark and copyright owners in infringement and licensing litigation; principal counsel for plaintiff in license termination litigation, resulting in negotiation of new license, pre-paid royalty (1985-90).

Major pre-trial and trial responsibility for defense of seller of glass business in technology/trade secret misappropriation litigation. Motion for directed verdict granted after seven weeks of trial, upheld on appeal to Washington Supreme Court. Boeing Co. v. Sierracin Corp., 108 Wn.2d 38 (1987).

Retained by hops cooperative to negotiate global settlement of brewers' and dealers' claims for 7-figure UCC cover damages following loss at trial of 3 cases. Developed strategy that resulted in settlement of all cases/claims on terms favorable to client, permitting client to distribute greater amount of assets to members in liquidation.

Trial and appellate counsel for milk cooperative in five-week antitrust jury trial. Adverse jury verdict unanimously reversed by Washington Supreme Court. Bar-T Ranch Dairy v. Consolidated Dairy Products, 97 Wn.2d 167 (1982).

Principal responsibility for defense of beef packer in civil antitrust litigation 1977-80 and related federal grand jury investigation. No indictment returned; civil suit settled on favorable terms. See Golob & Sons v. Schaake Packing Co., 93 Wn.2d 257 (1980).

Business and Government Relations

Principal outside general counsel to major consumer electronics manufacturer and supervised law firms' work for client (1982-90). Prepared and annually reviewed all domestic and international product distribution contract documents for client; advised client regarding significant domestic and international marketing and pricing decisions and programs.

Outside general counsel (since 1992) to seller of specialized computer software and hardware packages. Advice and counsel to client in restructure of corporation; preparation of corporate documents, shareholder buy-sell agreement; assistance to client in securing bank and investor financing; negotiated pre-litigation settlement with principals' former employer over business tort/trade secret misappropriate claims.

Outside general counsel to start-up "brew-on-premises" business (1994-98). Represented client in negotiations with state Liquor Control Board and federal Bureau of Alcohol, Tobacco & Firearms over licensing of client's business, leading to first-ever U-Brew license awarded by state; advice and counsel to client in corporate, business, and licensing matters.

Represented landowners in protracted inverse condemnation action; negotiated settlement with municipality resulting in municipality's acquisition of clients' properties at favorable price and terms (1995). Represented (1997) unrelated landowner in sale of large tract to same municipality for park purposes; developed and implemented zoning-change and complex trust transfer strategies that resulted in favorable sale price and tax-advantaged terms for client.

Represented fireworks industry in suit successfully challenging administrative regulations adopted by state agency (1997); assistance to industry in amicus letter to State Attorney General concerning municipal responsibilities under 1995 revisions to state fireworks code resulting in favorable Attorney General Opinion (1995); continuing advice and counsel with respect to state and local legislative matters involving fireworks.

Represented Fortune 500 telecommunications company in successful contract negotiations and resolution of related dispute with large city government (1991).

Outside general counsel to 16,000-customer public water district (1990-92, 1994-96). Advised District and Board of Commissioners on all important matters, including preparation of non-standard resolutions, preparation of contracts, interface with Washington State Auditor, compliance with state law concerning conduct of public meetings, involvement of District and staff in political matters.

Special counsel to private, proprietary post-secondary educational institution in accreditation negotiations and licensing litigation with Washington state agency and federal Department of Education (1991-93). Obtained agency rules change benefitting client and accrediting commission; architect of successful litigation strategy resulting in potential savings to client of over $1.5 million in dispute with federal Department of Education.

Special Master and Specialized ADR Assignments

Appointed (December 2000) Special Master by San Francisco County (CA) Superior Court to oversee implementation and administration of class action settlement in Weyerhaeuser Hardboard Siding Class Action litigation. Settlement claims period runs to December 2009.

Appointed (May 2001) Special Discovery Master by King County (WA) Superior Court in complex multi-party securities case (Kirlan Venture Capital, Inc. v. Regis).

Mediator/arbitrator (1997-1999) for claim arbitrations under class action settlement agreement in Louisiana-Pacific Inner Seal Siding Litigation (by appointment of U.S. District Court/District of Oregon).

Mediator/arbitrator (1999-2000) for Prudential Life Insurance Co. Class Action Remediation Plan (AAA-administered).

PERSONAL

Midwest (Chicago area) native. Resident of Capitol Hill, Seattle (since 1973).

Married (1970) to Barbara Phippen (Librarian, St. Joseph School, Seattle, 1999-present).

Three sons: David University of Notre Dame (BA Architecture, 1999), Harvard University (MA Urban Design, 2004); architect with GGLO Architects, Seattle WA; Nat Claremont-McKenna College (BS Economics, 2000); owner, The Monk's Kettle, San Francisco CA; Andrew Allegheny College (BS Physics, 2003); research scientist, Mide Technology Corp., Medford MA (2003-present).

Enjoy swimming; reading; contemporary theater; gourmet cooking, oenology and brewing; furniture-making and woodworking.

Member, College Club (1999-present), Rainier Club (1990-2007), Washington Athletic Club (1974-present).