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Shane is an experienced litigator and advocate. He practices in both state and federal court, and has argued cases before the Washington State Court of Appeals and the Ninth Circuit. He also regularly appears as local counsel in matters pending in state and federal courts in Washington.

He has considerable experience representing businesses, municipalities and other governmental entities, and individuals in matters of all sizes. He takes pride in his ability to evaluate the strengths and weaknesses of his client’s and the opposing party’s cases, and to advise his clients on the best path to resolution, whether that means negotiation or litigation.

Shane is regularly recognized by Super Lawyers as a Rising Star in the Washington legal community. For the past eight years, he has served on the Board of Trustees of Community Psychiatric Clinic, a nonprofit behavior healthcare organization.

 

Representative Cases

Defended the Port of Seattle against a $75 million claim by several airport concessionaires that the Port discriminated against them in its leasing practices.

Part of the litigation team representing Microsoft in a $4 billion dispute over Motorola’s refusal to license certain standard essential patents on reasonable and non-discriminatory terms. Microsoft prevailed after two trials and two appeals to the Ninth Circuit. Select opinions arising out of the matter include: Microsoft Corp. v. Motorola, Inc., 795 F.3d 1024 (9th Cir. 2015); Microsoft Corp. v. Motorola, Inc., 696 F.3d 872 (9th Cir. 2012); Microsoft Corp. v. Motorola, Inc., 2013 WL 2111217 (W.D. Wash. Apr. 25, 2013).

Defended, through multiple appeals to the Ninth Circuit, the Port of Seattle against claims of retaliation in violation of the False Claims Act and the Port’s employee handbook. Select opinions arising out of the representation include: Jonassen v. Port of Seattle, 685 Fed. Appx. 571 (9th Cir. 2017); Jonassen v. Port of Seattle, 550 Fed. Appx. 384 (9th Cir. 2013).

Complex Civil Litigation

Defended the Port of Seattle against a $75 million claim by several airport concessionaires that the Port discriminated against them in its leasing practices.

Part of the litigation team representing Snohomish County in a lawsuit arising out of the March 2014 landslide at Oso, Washington. Achieved dismissal of all claims by plaintiffs against the County.

Defended a nationwide provider of funeral and cemetery services against a putative class action seeking damages under Washington’s Consumer Protection Act and other statutes and regulations governing the cemetery and funeral industry.

Represented an air cargo company whose airplane was blown over by a regional jet at Sky Harbor Airport, prevailing after a week-long arbitration.

Represented a life insurance beneficiary in a dispute over policy proceeds, prevailing at trial on all claims.

Represented a municipal entity alleged to have violated Washington’s Open Public Meetings Act, prevailing on appeal on the basis that the OPMA is preempted by the Federal Shipping Act. See West v. Seattle Port Commission, et al., 194 Wn. App. 821, 380 P.3d 82 (2016).

Tech & IP Litigation

Part of the litigation team representing Microsoft in a $4 billion dispute over Motorola’s refusal to license certain standard essential patents on reasonable and non-discriminatory terms. Microsoft prevailed after two trials and two appeals to the Ninth Circuit. Select opinions arising out of the matter include: Microsoft Corp. v. Motorola, Inc., 795 F.3d 1024 (9th Cir. 2015); Microsoft Corp. v. Motorola, Inc., 696 F.3d 872 (9th Cir. 2012); Microsoft Corp. v. Motorola, Inc., 2013 WL 2111217 (W.D. Wash. Apr. 25, 2013).

Advised a video game console manufacturer in negotiations with a game developer over the scope of a license.

Advised a Taiwanese technology company in a license dispute with a chip supplier on standard essential patent and RAND obligations.

Corporate Disputes & Internal Investigations

Multiple representations of shareholders pursuing derivative actions against boards of directors for alleged breaches of loyalty and fiduciary duties. See, e.g., In re Zoran Corp. Derivative Litig., 511 F. Supp. 2d 986 (N.D. Cal. 2007)

Retained by the Board of Directors of a multinational auto parts manufacturer to conduct an internal investigation in response to derivative suit and shareholder demand.

Represented a co-founder in an action seeking the dissolution of a two-member limited liability company.

Multiple representations of board members and officers named as defendants in class action securities and derivative suits.

Represented the co-founder of a publicly-traded cannabis-related entity in a shareholder dispute with other founders.

Employment

Defended a multinational technology company in multiple matters involving claims of retaliation and discrimination by employees and former employees.

Regularly represents parties seeking to enforce or defend against enforcement of non-compete agreements, utilizing both pre-litigation negotiation and litigation to further client interests.

Defended, through multiple appeals to the Ninth Circuit, the Port of Seattle against claims of retaliation in violation of the False Claims Act and the Port’s employee handbook. Select opinions arising out of the representation include: Jonassen v. Port of Seattle, 685 Fed. Appx. 571 (9th Cir. 2017); Jonassen v. Port of Seattle, 550 Fed. Appx. 384 (9th Cir. 2013).

Representation of employers in actions seeking to prevent misappropriation and disclosure of proprietary trade secret information.

Successfully defended a manager named as a defendant in a wage and hour class action brought against a life insurance company.

Education
  • University of Washington School of Law
    • J.D. 2003
  • University of Washington
    • B.A. Society & Justice, Sociology 2001, Phi Beta Kappa
Experience
  • Harrigan Leyh Farmer & Thomsen LLP
    • 2009 – Present
  • Keller Rohrback
    • 2004 – 2009
Admitted to Practice
  • Washington
  • Arizona
  • U.S. Court of Appeals
    • Ninth Circuit
  • U.S. District Courts
    • Western District of Washington
    • Eastern District of Washington
    • District of Arizona

Shane is an experienced litigator and advocate. He practices in both state and federal court, and has argued cases before the Washington State Court of Appeals and the Ninth Circuit. He also regularly appears as local counsel in matters pending in state and federal courts in Washington.

He has considerable experience representing businesses, municipalities and other governmental entities, and individuals in matters of all sizes. He takes pride in his ability to evaluate the strengths and weaknesses of his client’s and the opposing party’s cases, and to advise his clients on the best path to resolution, whether that means negotiation or litigation.

Shane is regularly recognized by Super Lawyers as a Rising Star in the Washington legal community. For the past eight years, he has served on the Board of Trustees of Community Psychiatric Clinic, a nonprofit behavior healthcare organization.

 

Representative Cases

Defended the Port of Seattle against a $75 million claim by several airport concessionaires that the Port discriminated against them in its leasing practices.

Part of the litigation team representing Microsoft in a $4 billion dispute over Motorola’s refusal to license certain standard essential patents on reasonable and non-discriminatory terms. Microsoft prevailed after two trials and two appeals to the Ninth Circuit. Select opinions arising out of the matter include: Microsoft Corp. v. Motorola, Inc., 795 F.3d 1024 (9th Cir. 2015); Microsoft Corp. v. Motorola, Inc., 696 F.3d 872 (9th Cir. 2012); Microsoft Corp. v. Motorola, Inc., 2013 WL 2111217 (W.D. Wash. Apr. 25, 2013).

Defended, through multiple appeals to the Ninth Circuit, the Port of Seattle against claims of retaliation in violation of the False Claims Act and the Port’s employee handbook. Select opinions arising out of the representation include: Jonassen v. Port of Seattle, 685 Fed. Appx. 571 (9th Cir. 2017); Jonassen v. Port of Seattle, 550 Fed. Appx. 384 (9th Cir. 2013).

Complex Civil Litigation

Defended the Port of Seattle against a $75 million claim by several airport concessionaires that the Port discriminated against them in its leasing practices.

Part of the litigation team representing Snohomish County in a lawsuit arising out of the March 2014 landslide at Oso, Washington. Achieved dismissal of all claims by plaintiffs against the County.

Defended a nationwide provider of funeral and cemetery services against a putative class action seeking damages under Washington’s Consumer Protection Act and other statutes and regulations governing the cemetery and funeral industry.

Represented an air cargo company whose airplane was blown over by a regional jet at Sky Harbor Airport, prevailing after a week-long arbitration.

Represented a life insurance beneficiary in a dispute over policy proceeds, prevailing at trial on all claims.

Represented a municipal entity alleged to have violated Washington’s Open Public Meetings Act, prevailing on appeal on the basis that the OPMA is preempted by the Federal Shipping Act. See West v. Seattle Port Commission, et al., 194 Wn. App. 821, 380 P.3d 82 (2016).

Tech & IP Litigation

Part of the litigation team representing Microsoft in a $4 billion dispute over Motorola’s refusal to license certain standard essential patents on reasonable and non-discriminatory terms. Microsoft prevailed after two trials and two appeals to the Ninth Circuit. Select opinions arising out of the matter include: Microsoft Corp. v. Motorola, Inc., 795 F.3d 1024 (9th Cir. 2015); Microsoft Corp. v. Motorola, Inc., 696 F.3d 872 (9th Cir. 2012); Microsoft Corp. v. Motorola, Inc., 2013 WL 2111217 (W.D. Wash. Apr. 25, 2013).

Advised a video game console manufacturer in negotiations with a game developer over the scope of a license.

Advised a Taiwanese technology company in a license dispute with a chip supplier on standard essential patent and RAND obligations.

Corporate Disputes & Internal Investigations

Multiple representations of shareholders pursuing derivative actions against boards of directors for alleged breaches of loyalty and fiduciary duties. See, e.g., In re Zoran Corp. Derivative Litig., 511 F. Supp. 2d 986 (N.D. Cal. 2007)

Retained by the Board of Directors of a multinational auto parts manufacturer to conduct an internal investigation in response to derivative suit and shareholder demand.

Represented a co-founder in an action seeking the dissolution of a two-member limited liability company.

Multiple representations of board members and officers named as defendants in class action securities and derivative suits.

Represented the co-founder of a publicly-traded cannabis-related entity in a shareholder dispute with other founders.

Employment

Defended a multinational technology company in multiple matters involving claims of retaliation and discrimination by employees and former employees.

Regularly represents parties seeking to enforce or defend against enforcement of non-compete agreements, utilizing both pre-litigation negotiation and litigation to further client interests.

Defended, through multiple appeals to the Ninth Circuit, the Port of Seattle against claims of retaliation in violation of the False Claims Act and the Port’s employee handbook. Select opinions arising out of the representation include: Jonassen v. Port of Seattle, 685 Fed. Appx. 571 (9th Cir. 2017); Jonassen v. Port of Seattle, 550 Fed. Appx. 384 (9th Cir. 2013).

Representation of employers in actions seeking to prevent misappropriation and disclosure of proprietary trade secret information.

Successfully defended a manager named as a defendant in a wage and hour class action brought against a life insurance company.

Harrigan Leyh Farmer & Thomsen LLP

999 Third Avenue, Suite 4400 | Seattle, Washington 98104

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

999 Third Avenue, Suite 4400
Seattle, Washington 98104

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

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Harrigan Leyh Farmer & Thomsen LLP