| Kirk is an "AV"-rated
® (Martindale-Hubbell) lawyer who has practiced for over thirty
years representing businesses, individuals and governmental entities
as plaintiffs and defendants in general and commercial litigation,
arbitration and alternative dispute resolution (including complex,
class action, multidistrict and international proceedings), antitrust
litigation and counseling (domestic and international) and white-collar
criminal defense (including corporate internal investigations,
grand juries, government investigations and congressional investigations).
His practice emphasis has included: business torts, including RICO; contract
and business relationship disputes, including partnerships, licenses,
joint ventures, "strategic alliances" and "teaming" agreements;
antitrust and trade regulation litigation and counseling; patents,
trademarks, copyrights and trade secrets, including issues of
inventorship, validity, infringement, royalties and misappropriation
of ideas; engineering, design and construction, involving issues
of conformance with engineering and design standards and specifications,
quality assurance (including inspection and certification of
parts), manufacturing methods and processes, and conformance
with industry standards and practices, and involving technical
areas of structures, mechanical systems, fastening technology,
metallurgy (including corrosion protection, coatings and cathodic
protection), electrical systems, computer control systems, avionics
and aerodynamics; governmental regulatory and legislative affairs;
wrongful termination; banks and financial institutions, including
breach of fiduciary duties, misappropriation, loan administration
and inventory liquidation; and fraud, including securities fraud.
Kirk's ADR experience, both as neutral and advocate, covers the full gamut of ADR procedures,
including both traditional (arbitration and mediation) and innovative
(including early and pre-filing ADR and tailor-made procedures
to balance common law and civil law procedures). He serves on
the American Arbitration Association's panel of arbitrators for
commercial, large and complex, and international arbitrations. He also served as arbitrator in the American Arbitration Association's Special Binding Arbitration Program under § 747 of the Consolidated Appropriations Act of 2010 for dealers terminated during the GM and Chrysler bankruptcy proceedings.
Kirk is also active in bar association affairs. He currently serves as a Ninth Circuit Judicial Conference Lawyer Representative for the Western District of Washington and is President of the Federal Bar Association for the Western District of Washington. He has also served
as chair of numerous bar association sections and committees, has been appointed as a Washington
State Bar Association representative to several task forces (identified below) addressing matters of interest to the
courts, and is a frequent speaker at CLE programs on the subjects
of ADR, ethics and litigation. Education
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J.D. Degree, 1973;
Northwestern School of Law of Lewis & Clark College,
Portland, Oregon |
| • |
B.S. Degree, 1970;
Portland State University, Portland, Oregon |
Recent Representative Cases
Litigation and Arbitration (Domestic & International)
| • |
Olympic
Pipe Line Company V. Equilon Pipeline Company LLC, et al.,
U.S.D.C. for the Western District of Washington; involving
$500,000,000 in claims by and between owners, operators and
contractors for lost profits and other damages stemming from
rupture of pipeline and subsequent shut-down for repair and
remediation. Settlement. Represented Olympic Pipe Line Company
(with Anne Bremner, Jed Powell and Will Ashbaugh). |
| • |
Capps
v. State of Washington, et al.,
U.S.D.C. for the Western District of Washington; involving
wrongful termination claims by former Assistant Attorney
General. Settlement through mediation. Defended Washington
Attorney General and other state agency defendants (with
Anne Bremner and Mike Bolasina). |
| • |
DeCaro
v. Buher, et al.,
U.S.D.C. for the Western District of Washington; patent litigation
involving claims of misappropriation of patentable invention
based on claims of fraud, misappropriation of trade secrets,
interference with contractual relations, breach of contract
and breach of partnership duties. Settlement through mediation.
Represented plaintiff (with Lisa Marchese). |
| • |
Stringer
v. Wieden & Kennedy, Inc.,
U.S.D.C. for the District of Oregon; action for damages for
claimed misappropriation of ideas for award-winning Nike "Freestyle" commercial
based on claims of breach of contract and unjust enrichment
and involving copyright preemption issues. Settlement through
mediation. Represented plaintiff. |
| • |
Independent
Warranty Management Corporation v. John Common, et al.,
U.S.D.C. for the Western District of Washington; involving
claims for of breach of contract, conversion, fraud and Consumer
Protection Act violations by administrator of automobile
warranty program against the marketers of the warranties.
Settlement. Represented plaintiff. |
| • |
Image Finders Photo
Agency, Inc. v. Getty Images, Inc., et al.,
U.S.D.C. for the Western District of Washington; involving
claims of breach of licensing and marketing agreement relating
to licensing of stock images and photographs. Settlement
through mediation. Represented plaintiff (in association
with plaintiff's lead counsel). |
| • |
Commercial Space
Management Company v. The Boeing Company, et al.,
U.S.D.C. for the Western District of Washington, Arbitration
Institute of the Stockholm Chamber of Commerce, U.S.D.C.
for the Central District of California, Superior Court of
the State of California (County of Los Angeles); litigation
and arbitration involving claims of breach of contract and
business torts against international joint venture partners
(from the U.S., Russia, the Ukraine and Norway) relating
to international launch services for commercial satellites.
Dismissed. Lead counsel representing Boeing defendants. |
| • |
Andrus, et al. v.
City of Bainbridge Island,
Washington Growth Management Hearings Board; litigation involving
claims under Washington Growth Management Act relating to
land use planning process and decisions. Municipality's land
use process and decisions deemed a violation of the Act and
remanded matter for further proceedings. Represented petitioners. |
| • |
Confidential Patent
Arbitration,
London Court of International Arbitration; international
arbitration involving claims for royalties for patent infringement.
Tribunal award of $220 million. Lead litigation counsel representing
claimant. |
| • |
The Boeing Company
v Aerospatiale, et al;
parallel patent enforcement proceedings in England, France
and Germany. Settlement. Lead litigation counsel representing
plaintiff. |
| • |
Monsanto Company
v. Spray-Rite Service Corporation,
465 U.S. 752 (1984); antitrust resale price maintenance damages
action. Authored U.S. Supreme Court amicus curiae brief on
behalf of forty-six state attorneys general. |
| • |
Marine Power & Equipment
Company v. State of Washington,
Superior Court of the State of Washington (King County);
involving claims for breach of contract relating to the design
and construction of six ferries for the State of Washington.
Settlement. Member of team representing State of Washington
Department of Transportation. |
| • |
In Re Fine Paper
Antitrust Litigation,
MDL-323, U. S. District Court for the E. D. of Pennsylvania;
antitrust damages class action involving claims of price
fixing against manufacturers and distributors of fine papers.
Settlement with some defendants; defense verdict at trial
as to remaining defendants. Represented plaintiff State of
Oregon; member of team representing plaintiff State of Washington;
served as liaison counsel and co-lead trial counsel for ten
states as special assistant attorney general; handled appeals
in Alaska, et al. v. McGlynn, 449 U.S. 815 (1980) and Alaska,
et al. v. Boise Cascade Corporation, et al., 685 F.2d 810
(1982), cert. denied, 459 U.S. 1156 (1983). |
| • |
In Re Petroleum
Products Antitrust Litigation,
MDL-150, U. S. District Court for the C. D. of California;
antitrust damages class action involving claims of price
fixing against major refiners of gasoline and other refined
petroleum products. Settlement after reversal of summary
judgment (In re Coordinated Pretrial Proceedings in Petroleum
Products Antitrust Litigation, 906 F.2d 432 (9th Cir. 1990)).
Member of team representing plaintiff States of Oregon and
Washington. |
| • |
In Re Sugar Antitrust
Litigation,
MDL-201, U. S. District Court for the N. D. of California;
antitrust damages class action involving claims of price
fixing against sugar refiners. Settlement. Represented plaintiff
Smith Cookie Company and member of team representing plaintiff
State of Oregon. |
| • |
Derenco, Inc. v.
Benj. Franklin Federal S. & L. Assoc.,
Circuit Court of the State of Oregon (Multnomah County);
class action for damages for breach of contract and unjust
enrichment stemming from failure to pay interest on real
estate mortgage reserve accounts. Trial court decision sustained
on appeal by landmark decision in Derenco v. Benj. Franklin
Federal S. & L. Assoc., 577 P.2d 477 (1978), cert. denied,
439 U.S. 1051 (1978). Represented plaintiff. |
Antitrust Counseling (Domestic and International)
| • |
Joint
Ventures and Other Cooperative Arrangements |
| • |
Government
Contract "Teaming" Agreements |
| • |
Export Trading Company
Activities |
| • |
Trade Associations |
| • |
Cooperative Research
and Production Activities |
| • |
Hart-Scott-Rodino
Notifications |
| • |
Federal Advisory
Committees |
| • |
Compliance Guidelines
and Presentation |
White Collar Criminal Defense
| • |
Grand
Jury Investigations |
| • |
Government
Investigations (Department of Justice; U.S. Attorney Offices;
Federal Bureau of Investigation; Internal Revenue Service;
Department of Defense Office of the Inspector General; Army
Civil Investigative Division; Naval Investigative Service;
Air Force Office of Special Investigations; Multi-Agency
Task Forces) |
Corporate Internal Investigations (Civil and Criminal) Memberships and Service
| • |
U.S. District Court for the Western District of Washington |
| |
• Ninth Circuit Judicial Conference Lawyer Representative
(2010-2012) |
| |
• Local
Rule 39.1 Roster of ADR Neutrals (1992-) |
| • |
Federal
Bar Association of the Western District of Washington |
| |
• President (2009-2010) |
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• Chair of the ADR Committe (2005-2008) |
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• Bar Liaison (2002-2005) |
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Washington State
Bar Association |
| |
• Washington State Bar Association Representative on Advisory Board of Washington State Center for Court Research (2006-2011) |
| |
• Adjunct Investigative
Counsel and Special Disciplinary Council (2004-2010) |
| |
• Washington State
Bar Association Representative on Board for Judicial Administration
Court Funding Task Force (Co-Chair, Funding Alternatives
Work Group; Member, Problem Definition Work Group) (2002
2004) |
| |
• Chair of the Dispute
Resolution Section (2002-2003) |
| |
• Twice Chair of the
Court Improvement Committee (2000-2002) |
| |
• Chair, Washington
State Bar Association "Portability" Workgroup (formed
to develop Constitutional amendment and Supreme Court rule
to allow elected sitting judges from different court levels
to serve as judges pro tempore in Superior Court) (2000 -2001) |
| • |
Oregon State Bar
Association |
| |
• Fee Arbitration
Panel (2002-2011) |
| |
• Delegate, House
of Delegates (2000-2004) |
| • |
King County Bar
Association |
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• Chair of the ADR
Section (2000-2001) |
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• Twice Chair of the
Professionalism Committee (2001-2003) |
| • |
American Bar Association |
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