Arthur W. Harrigan Jr.

Partner

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Art Harrigan has been characterized in Chambers and Partners as the top commercial trial lawyer in Washington. He is regularly retained in high-stakes cases by individuals, businesses, and governmental entities that seek high-quality representation.

Art was a partner at Lane Powell from 1975 to 1985 and chairman of the firm’s commercial litigation group. In 1975 Art served as Senior Counsel to the U.S. Senate Select Committee on Intelligence, worked on an investigation of CIA intelligence activities related to Vietnam, and headed the Committee’s investigation of IRS intelligence operations.

In 1986 Art and other Lane Powell partners formed Danielson Harrigan, now called HLFT.

Art is a Fellow of the American College of Trial Lawyers.

 

Representative Cases

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Represented King County in stopping the Seattle Seahawks’ attempt to move the team to Southern California. This case entailed securing a Temporary Restraining Order, litigating simultaneously in two counties, filing an emergency appeal, making a State Supreme Court oral argument, and making a presentation to NFL owners on the seismic safety of the Kingdome, all in a three-month period. The case was resolved when Paul Allen acquired the team. Art also acted as lead counsel for the County in negotiating and drafting related amendments to the Kingdome lease.

Art has also had a substantial business law practice. He is Chairman of Advanced Rail Energy Storage, which has developed a revolutionary grid-scale system of energy storage.  From 1997-2001, he worked on a part-time basis with Craig O. McCaw and his team at Eagle River Investments, LLC on a series of business deals. While at Eagle River, Art was the primary drafter of a fifty-page Memorandum of Agreement that led to the founding of Nextel Partners, which became a $7 billion NASDAQ company. He has served as a director of Nextel Partners, was formerly a director of the publicly-traded brokerage firm of Ragen MacKenzie, and was formerly a director of Intelius Inc., a leading provider of information services over the internet.

Complex Civil Litigation

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Defended one of Seattle’s largest law firms and its 93 partners against a $51 million action by National Union Fire Insurance Company arising from Seafirst Bank’s losses in the Penn Square failure. He won a declaratory judgment action in federal court in 1989 and in 1990 secured a summary judgment in King County Superior Court dismissing the entire claim against all defendants. The defendants were awarded $155,000 in Rule 11 sanctions against National Union.

Represented King County in stopping the Seattle Seahawks’ attempt to move the team to Southern California. This case entailed securing a TRO, litigating simultaneously in two counties, filing an emergency appeal, making a State Supreme Court oral argument, and making a presentation to NFL owners on the seismic safety of the Kingdome, all in a three-month period. The case was resolved when Paul Allen acquired the team. Art also acted as lead counsel for the County in negotiating and drafting related amendments to the Kingdome lease.

Represented King County in its dispute with Mariners owner Jeff Smulyan over the value of the franchise. The issue involved interpretation of a provision of the Kingdome lease that would determine whether a local buyer with a right to purchase would have to pay a “national” price (i.e., the team could be moved from Seattle) or a “local” price. Briefs were submitted to a Big Eight accounting firm as appraiser with Smulyan represented by two New York-based national law firms. The appraiser ruled in favor of the County, making the price approximately $100 million vs. $135 million had the decision gone the other way. Shortly thereafter a local consortium purchased the Mariners.

Represented InfoSpace founder Naveen Jain in defending a non-compete action brought by InfoSpace against Jain after his termination, seeking to shut down his new business, Intelius Inc. Following a four-day evidentiary hearing, the court rejected a request to enjoin Jain and awarded fees to our client. Following extensive discovery, the entire non-compete case was dismissed on summary judgment. Art is a previous member on the Board of Intelius.

Represented Mr. Jain in a Section 16(b) securities case, taking over from another firm after summary judgment had been entered against the client on a $247 million claim, filing a series of post-judgment motions, and handling the Ninth Circuit appeal through the completion of all appellate briefs. The case was settled during the appeal with an individual contribution by the client of a fraction of the original judgment.

Represented the Federal Deposit Insurance Corporation (FDIC) in defending an $18 million claim by First Interstate Bank arising from the acquisition of a mutual savings bank. The claim was based on thirty-four adjustments to a trial balance approved after audit by a major accounting firm. The FDIC prevailed after a three-week federal court trial in which the court ruled that the accounting firm had not acted independently, rejected the entire audit, and made independent findings on each proposed adjustment, nearly all of which were consistent with the FDIC’s contentions. The court reduced the total of the audit adjustments from $18 to $1.5 million. The court’s decision followed trial examination of seventeen CPA witnesses on the merits of the accounting adjustments and the exchange of over one hundred pages of proposed findings of fact and conclusions of law and briefing by the two sides.

Was lead trial counsel for the Port of Seattle in an airport noise dispute. The case was filed in federal court as a class action. Class certification was denied. The case was then refiled in behalf of 144 individuals. Art and Tim Leyh tried a test case involving twelve plaintiffs to a jury, resulting in a defense verdict on all claims. The balance of the claims were settled.

Represented Dave Sabey in significant real estate and business litigation, including Sabey v. Howard Johnson, which established the principle that common law indemnity survived the Tort Reform Act; and in an action against the sellers of Frederick & Nelson.

Acted as lead counsel in all civil litigation arising from the June 10, 1999, Olympic Pipe Line accident in Bellingham, Washington, involving nearly one billion dollars in claims.

Acted as lead counsel in two of the largest dissolution cases ever filed in Washington, one of which involved over one billion dollars in assets and the other involved a substantial Northwest real estate business.

Represented the design team in the Kingdome construction case.

Represented King County in litigation over construction of its new jail.

Represented the designers of the Seattle Convention Center.

Represented contractors who built a large housing complex on Adak Island.

Represented McCarthy Building Companies in litigation over the construction of the McGuire Building in downtown Seattle.

Tech & IP Litigation

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Employment

Represented InfoSpace founder Naveen Jain in defending a non-compete action brought by InfoSpace against Jain after his termination, seeking to shut down his new business, Intelius Inc. Following a four-day evidentiary hearing, the court rejected a request to enjoin Jain and awarded fees to our client. Following extensive discovery, the entire non-compete case was dismissed on summary judgment. Art is a previous member on the Board of Intelius.

Education
  • Columbia University Law School
    • L.L.B. honors, Articles and Book Reviews Editor, Columbia Law Review
  • Harvard College
    • B.A. honors
Experience
  • Co-founded Harrigan Leyh & Farmer Thomsen LLP
    • 1986 – Present
  • Lane Powell
    • 1971 – 1985
  • Assistant District Legal Officer, 
    Thirteenth Coast Guard District
    Seattle

    • 1968 – 1971
  • Shearman & Sterling
    • 1968
Admitted to Practice
  • Washington
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals
    • Ninth Circuit
  • U.S. Trial Courts
    • Western District of Washington
    • Court of Claims

Art Harrigan has been characterized in Chambers and Partners as the top commercial trial lawyer in Washington. He is regularly retained in high-stakes cases by individuals, businesses, and governmental entities that seek high-quality representation.

Art was a partner at Lane Powell from 1975 to 1985 and chairman of the firm’s commercial litigation group. In 1975 Art served as Senior Counsel to the U.S. Senate Select Committee on Intelligence, worked on an investigation of CIA intelligence activities related to Vietnam, and headed the Committee’s investigation of IRS intelligence operations.

In 1986 Art and other Lane Powell partners formed Danielson Harrigan, now called HLFT.

Art is a Fellow of the American College of Trial Lawyers.

 

Representative Cases

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Represented King County in stopping the Seattle Seahawks’ attempt to move the team to Southern California. This case entailed securing a Temporary Restraining Order, litigating simultaneously in two counties, filing an emergency appeal, making a State Supreme Court oral argument, and making a presentation to NFL owners on the seismic safety of the Kingdome, all in a three-month period. The case was resolved when Paul Allen acquired the team. Art also acted as lead counsel for the County in negotiating and drafting related amendments to the Kingdome lease.

Art has also had a substantial business law practice. He is Chairman of Advanced Rail Energy Storage, which has developed a revolutionary grid-scale system of energy storage.  From 1997-2001, he worked on a part-time basis with Craig O. McCaw and his team at Eagle River Investments, LLC on a series of business deals. While at Eagle River, Art was the primary drafter of a fifty-page Memorandum of Agreement that led to the founding of Nextel Partners, which became a $7 billion NASDAQ company. He has served as a director of Nextel Partners, was formerly a director of the publicly-traded brokerage firm of Ragen MacKenzie, and was formerly a director of Intelius Inc., a leading provider of information services over the internet.

Complex Civil Litigation

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Defended one of Seattle’s largest law firms and its 93 partners against a $51 million action by National Union Fire Insurance Company arising from Seafirst Bank’s losses in the Penn Square failure. He won a declaratory judgment action in federal court in 1989 and in 1990 secured a summary judgment in King County Superior Court dismissing the entire claim against all defendants. The defendants were awarded $155,000 in Rule 11 sanctions against National Union.

Represented King County in stopping the Seattle Seahawks’ attempt to move the team to Southern California. This case entailed securing a TRO, litigating simultaneously in two counties, filing an emergency appeal, making a State Supreme Court oral argument, and making a presentation to NFL owners on the seismic safety of the Kingdome, all in a three-month period. The case was resolved when Paul Allen acquired the team. Art also acted as lead counsel for the County in negotiating and drafting related amendments to the Kingdome lease.

Represented King County in its dispute with Mariners owner Jeff Smulyan over the value of the franchise. The issue involved interpretation of a provision of the Kingdome lease that would determine whether a local buyer with a right to purchase would have to pay a “national” price (i.e., the team could be moved from Seattle) or a “local” price. Briefs were submitted to a Big Eight accounting firm as appraiser with Smulyan represented by two New York-based national law firms. The appraiser ruled in favor of the County, making the price approximately $100 million vs. $135 million had the decision gone the other way. Shortly thereafter a local consortium purchased the Mariners.

Represented InfoSpace founder Naveen Jain in defending a non-compete action brought by InfoSpace against Jain after his termination, seeking to shut down his new business, Intelius Inc. Following a four-day evidentiary hearing, the court rejected a request to enjoin Jain and awarded fees to our client. Following extensive discovery, the entire non-compete case was dismissed on summary judgment. Art is a previous member on the Board of Intelius.

Represented Mr. Jain in a Section 16(b) securities case, taking over from another firm after summary judgment had been entered against the client on a $247 million claim, filing a series of post-judgment motions, and handling the Ninth Circuit appeal through the completion of all appellate briefs. The case was settled during the appeal with an individual contribution by the client of a fraction of the original judgment.

Represented the Federal Deposit Insurance Corporation (FDIC) in defending an $18 million claim by First Interstate Bank arising from the acquisition of a mutual savings bank. The claim was based on thirty-four adjustments to a trial balance approved after audit by a major accounting firm. The FDIC prevailed after a three-week federal court trial in which the court ruled that the accounting firm had not acted independently, rejected the entire audit, and made independent findings on each proposed adjustment, nearly all of which were consistent with the FDIC’s contentions. The court reduced the total of the audit adjustments from $18 to $1.5 million. The court’s decision followed trial examination of seventeen CPA witnesses on the merits of the accounting adjustments and the exchange of over one hundred pages of proposed findings of fact and conclusions of law and briefing by the two sides.

Was lead trial counsel for the Port of Seattle in an airport noise dispute. The case was filed in federal court as a class action. Class certification was denied. The case was then refiled in behalf of 144 individuals. Art and Tim Leyh tried a test case involving twelve plaintiffs to a jury, resulting in a defense verdict on all claims. The balance of the claims were settled.

Represented Dave Sabey in significant real estate and business litigation, including Sabey v. Howard Johnson, which established the principle that common law indemnity survived the Tort Reform Act; and in an action against the sellers of Frederick & Nelson.

Acted as lead counsel in all civil litigation arising from the June 10, 1999, Olympic Pipe Line accident in Bellingham, Washington, involving nearly one billion dollars in claims.

Acted as lead counsel in two of the largest dissolution cases ever filed in Washington, one of which involved over one billion dollars in assets and the other involved a substantial Northwest real estate business.

Represented the design team in the Kingdome construction case.

Represented King County in litigation over construction of its new jail.

Represented the designers of the Seattle Convention Center.

Represented contractors who built a large housing complex on Adak Island.

Represented McCarthy Building Companies in litigation over the construction of the McGuire Building in downtown Seattle.

Tech & IP Litigation

Acted as trial counsel representing Microsoft in major patent litigation, including arguing a motion that resulted in a Washington federal court order restraining Motorola from enforcing any injunction it might obtain in a German patent litigation against Microsoft.

Employment

Represented InfoSpace founder Naveen Jain in defending a non-compete action brought by InfoSpace against Jain after his termination, seeking to shut down his new business, Intelius Inc. Following a four-day evidentiary hearing, the court rejected a request to enjoin Jain and awarded fees to our client. Following extensive discovery, the entire non-compete case was dismissed on summary judgment. Art is a previous member on the Board of Intelius.

Harrigan Leyh Farmer & Thomsen LLP

999 Third Avenue, Suite 4400 | Seattle, Washington 98104

Tel: (206) 623-1700 | Fax: (206) 623-8717

info@hlftlaw.com

999 Third Avenue, Suite 4400
Seattle, Washington 98104

Tel: (206) 623-1700
Fax: (206) 623-8717

info@hlftlaw.com

Copyright © 2018
Harrigan Leyh Farmer & Thomsen LLP