Tyler L. Farmer
Partner
Contact
- Phone: (206) 623-1700
- Fax: (206) 623-8717
- Assistant: Erin Fujita
- vCard
Chambers USA ranks Tyler among the top lawyers in the state and observes that Tyler “has significant experience representing his clients in trials and is a popular choice for bet-the-company litigation. He has further experience acting on employment and trade secret disputes.”
For over 20 years, Tyler has represented a broad spectrum of clients in pressing matters in courts around the country. Tyler’s work has been noted by Chambers USA, Best Lawyers in America (Commercial Litigation, Intellectual Property, Appellate), Benchmark Litigation, and Super Lawyers (repeatedly Top 100).
Tyler is a Fellow of the American Bar Foundation and a Senior Fellow of Litigation Counsel of America.
Clients across a broad range of industries retain Tyler in high-stakes matters. Recent “post covid” court trial or motion practice results include:
- In state court, we enforced a minority shareholder’s rights by invalidating a purported buyout option agreement on summary judgment and then resolved the lawsuit for immediate payment of $5 million, i.e., 20 times the price stated in the invalidated option agreement (2021). Tyler handled the remote SJ argument.
- On behalf of the City of Seattle, we defeated class certification in a putative class action arising from June 2020 protests after Tyler’s in-person class cert argument in WD Washington in April 2022.
- At an in-person bench trial in WD Washington in March – April 2022, Tyler paired with the client’s general counsel to defend the Upper Skagit Indian Tribe’s treaty rights. After trial we obtained an order dismissing all of the petitioning tribe’s claims to have treaty fishing rights in our client’s fishing territory.
- After a 4-week jury trial, Tyler obtained the trial court’s dismissal of the claim against our client (2020); affirmed by Court of Appeals after Tyler’s in-person argument (2022).
- After obtaining dismissal of a CPA claim seeking to restrict a network’s Covid-19 news coverage, Tyler argued before the Court of Appeals (via Zoom), which affirmed the trial court win (2020 and 2021).
- In federal court, we enforced a $30 mm real estate purchase sale agreement despite the buyer’s attempt to excuse performance based on Covid-19 regulations (2020).
- In a complex Zoom arbitration following a $400 mm real estate deal, Tyler secured a ruling that the controlling owner dominated Association board had violated the governing declaration (2021).
- In state court Nevada, Tyler and Ariel Martinez tried one of the first Covid era live jury trials regarding a complex breach of contract dispute (2021).
Tyler regularly works with companies, partnerships, and property owners to protect their rights and has resolved dozens of disputes without the burden, expense, and uncertainty of filing a lawsuit. Tyler’s interest in finding paths for negotiated resolution of conflicts dates to his undergraduate experience, which included mediation training.
In 2020, 2021, 2022 and 2023, Tyler was again honored among the Top 100 attorneys in the state by Super Lawyers.
Benchmark Litigation has observed that:
“On the younger end of the generational spectrum, Tyler Farmer is recognized as ‘one of the strongest up-and-coming trial lawyers. Unlike many lawyers of his vintage, he is actually the lead counsel on many cases he’s involved in. Farmer, along with Harrigan, recently tried, and won, a two-week case involving a 40-acre property near downtown Bellevue.”
In 2022, Tyler, along with the Tribe’s General Counsel, defended the Upper Skagit Indian Tribe’s saltwater fishing territory in a Western District of Washington trial of a subproceeding of the U.S. v. Washington case.
In 2022, Tyler, along with out-of-state co-counsel, recovered millions of dollars in the successful resolution of a complex case involving a landslide that destroyed our client’s development.
In 2021, Tyler prevented a minority shareholder from being squeezed out of her company. Tyler won summary judgment invalidating the alleged buyout option and then resolved the dispute for more than twenty times the option price in the invalidated agreement.
In 2021, Tyler represented a cable news program defending against a Consumer Protection Act claim seeking to restrict the program’s coverage of Covid-19. In May, Tyler argued before the Court of Appeals, which affirmed the trial court’s dismissal of the claim.
In 2021, Tyler successfully represented a commercial real estate owner enforcing its rights in a Purchase Sale Agreement when the buyer tried to abandon the transaction on the (false) basis that the state’s Covid-19 regulations prevented the transaction from closing.
In 2021, Tyler and Art Harrigan represented the Upper Skagit Indian Tribe in obtaining a summary judgment ruling that another tribe’s Usual & Accustomed fishing places did not include the Skagit River.
In 2021, Tyler successfully represented a developer in a Zoom arbitration concerning the appropriate allocation of expenses for a mixed used development following a $400+ million transaction.
In 2021, Tyler represented a privately held company in connection with a complex shareholder redemption involving executives.
In 2020, Tyler represented an individual enforcing a multimillion contract in a dispute where the counterparty alleged that the contract was fraudulently induced. We resolved the dispute at mediation resulting in an improved (and indisputably enforceable) contract for our client.
In 2019 – 20, Tyler, along with Ariel Martinez, represented a Yakima based orchard in a seven figure crop insurance coverage claim. After prevailing in a contentious discovery battle, we resolved the case for essentially the entire amount in dispute.
In 2019 – 20, Tyler tried, and won, a complex dispute regarding the disposition of proceeds from an international securities transaction. Following a five week jury trial, the Court dismissed the claim against the firm’s client.
In 2018, Tyler handled several complex matters, including a five-week jury trial, a U.S. Supreme Court appeal, arguing “bet the company” motions in California and Washington, and representing clients at five successful mediations at venues ranging from New York City to San Francisco. Highlights include:
In January and February, Tyler, together with Tim Leyh, tried a complex contract claim on behalf of a Seattle technology company. After a five-week trial, the jury found in favor of our client on five of six claims and rejected Plaintiff’s claim for over $27 million dollars in damages. We then prevailed on all post-trial motions, with the Court reversing the one adverse jury verdict and awarding our client over $2 million in attorneys’ fees and costs. The Court of Appeals affirmed.
In March, we represented the Upper Skagit Indian Tribe in its successful appeal to the United States Supreme Court.
From March through May, Tyler led a team of HLFT attorneys hired to take over the defense of a start-up technology company and its founders in post-verdict motion practice following a six-week trial in California state court. The plaintiff (a publicly traded technology company) alleged that the firm’s clients misappropriated intellectual property of their former employer and used it to build their successful Seattle area start-up. We opposed the plaintiff’s request for a constructive trust over the intellectual property. After handling oral argument in Ventura County, Tyler negotiated the settlement of the case at mediation avoiding entry of judgment and preserving all of the client’s IP.
In May – July, Tyler led a team of attorneys that took over the defense of a principal and her start-up medical practice in a contentious lawsuit involving alleged theft of trade secrets and solicitation of patients and employees. We worked with our clients to craft a litigation exit strategy that provided an opportunity for early resolution but also ensured that we would be in position to prevail at trial if necessary. We resolved the case at mediation without any disruption of the clients’ business practices or patient / employee base.
Technology companies, real estate investors, and entrepreneurs retain Tyler to protect their interests in litigation and complex negotiations. Tyler represents Internet companies as lead counsel in state and federal courts throughout the country, defending against individual lawsuits and putative class action claims.
He represents commercial property owners on a range of issues, including complex condemnation proceedings for large capital works projects, construction impact litigation, insurance coverage disputes, joint venture disputes, commercial lease disputes, and disputes arising from purchase and sale agreements.
Tyler has represented several clients in Federal Trade Commission matters and responses to investigations and compulsory process by several state attorneys general. Tyler has personally presented internal investigation results before the Securities and Exchange Commission, the FTC, and boards of directors.
Tyler worked in the Washington D.C. and Silicon Valley offices of Jones Day where he handled complex litigation and corporate. Before law school, Tyler taught middle school in Pensacola, Florida, through Americorps / ACE and worked as a residential staff member at the Andre House homeless shelter in Phoenix, Arizona.
Representative Cases
Complex Civil Litigation
In 2019 – 2020, Tyler led a team of HLFT attorneys in a 4 week jury trial in state court. The case involved an international securities transaction involving a mortgage backed security in Paraguay. Tyler handled nearly every aspect of the trial and secured dismissal of the sole claim against the firm’s client.
In 2018, Tyler led a team of HLFT attorneys hired to take over the defense of a tech company in post-verdict motion practice following a six week trial in California state court. The case involved allegations that the firm’s clients took intellectual property of their former employer and used it to build their successful start-up. Tyler negotiated the settlement of the case before entry of judgment.
In 2017, on behalf of an international consulting firm, Tyler settled a complex breach of contract case after extensive negotiations with the opposing party. By demonstrating the opposing party’s liability, the firm obtained a full recovery of the fees due under the consulting agreement without incurring the expense and delay of full litigation.
In 2017, on behalf of a private equity firm, Tyler recovered insurance coverage for claims for which the insurer initially had not provided coverage. The recovery was obtained without filing a complaint.
In 2017, Tyler obtained a seven-figure recovery for property damage to commercial real estate harmed by dewatering operations performed in connection with a public works project. Through pre-suit negotiations and exchanges of expert analysis, the case was settled at mediation before a single deposition without incurring the business distraction and expenses of normal litigation.
In 2016, Tyler represented a start-up and venture capital firm in a complex eight-figure dispute against one of the largest telecommunications carriers in the country. Tyler handled 12 of the 13 depositions, which included executives, network engineers, and financial damages experts. The case was successfully resolved at mediation in San Francisco shortly before trial.
In 2016, Tyler defended a private equity firm against claims for constructive eviction arising from a construction project. The claims were successfully resolved by demonstrating, through pre-suit negotiations, the absence of any legal basis for asserting the claims.
In 2016, Tyler represented a Fortune 100 energy company in a lawsuit against municipal entities and contractors to recover for property damage caused by construction activities. The suit was successfully resolved at mediation, including recovery of majority of attorneys’ fees.
In 2014 – 2015, Tyler represented the owner of a Bellevue high rise in a multimillion-dollar dispute arising from an elevator modernization contract. The matter was resolved on favorable terms, including recovery of attorneys’ fees, without filing a lawsuit.
In 2013 – 2014, Tyler was lead counsel in defense of a putative nationwide class action alleging violations of the Fair Credit Reporting Act (FCRA) against a Seattle area technology company. After obtaining dismissal of half of the plaintiff’s claims on a motion to dismiss, we resolved the case at mediation while the parties’ cross motions for summary judgment were pending.
In 2013 – 2014, Tyler represented Epson against antitrust claims alleging a price fixing conspiracy involving LCD products. The dispute was successfully settled before trial.
In 2013 – 2014, Tyler represented an individual defendant executive in a putative class action alleging violation of Washington State’s wage and hour laws. The claims were dismissed after defeating class certification.
Together with Art Harrigan, Tyler defended an Internet start-up company against “bet the company” securities fraud and breach of contract claims brought by the former majority shareholder of an acquired company. After extensive discovery and motion practice, the claims were settled on a favorable basis at mediation.
Tyler defended a Japan-based technology joint venture against tort and breach of contract claims seeking $5 million in business interruption damages arising from the attempted repair of a step-up energy transformer. The case was successfully resolved at mediation following extensive oral argument on the defendant’s motion for judgment on the pleadings.
Together with Tim Leyh and Randall Thomsen, Tyler represented King County in connection with losses during the financial crisis to its Investment Pool, which holds funds for various local governments and agencies. The firm advised the County’s Investment Advisory Board and the County Council on a series of code and policy changes to respond to the crisis.
Together with Art Harrigan, Tyler obtained an order requiring partition by sale of a 40-acre parcel near downtown Bellevue. The case included a two-week trial with several expert witnesses and extensive proceedings before a panel of court-appointed referees. The trial court’s ruling was reversed on appeal.
With Art Harrigan, represented the minority owner of a privately held global manufacturer in a complex renegotiation of the family estate plan involving over $100 million in assets. Successfully resolved without filing a lawsuit.
Represented publicly traded real estate company in monitoring structural impact of Big Bertha repair projects on Pioneer Square real estate portfolio.
Represented defendants in civil RICO action pending in WD Washington. Successfully resolved through mediation without significant discovery.
Tyler has served as lead counsel in cases throughout the country, including California (class action, trade practices, cybersquatting, unfair business practices), Colorado (real estate investment dispute), Georgia (class action), Illinois (class action), Minnesota (class action), Mississippi (Fair Credit Reporting Act), New Jersey (Internet content), Nevada (representing creditor in bankruptcy proceedings), Oklahoma (Communications Decency Act), South Carolina (Fair Credit Reporting Act), Virginia (class action), and Washington.
Tech & IP Litigation
In 2018, Tyler led a team of HLFT attorneys hired to take over the defense of a tech company in post-verdict motion practice following a six week trial in California state court. The case involved allegations that the firm’s clients took intellectual property of their former employer and used it to build their successful start-up. Tyler negotiated the settlement of the case before entry of judgment allowing the start-up to remain in business.
In 2018, Tyler, together with Tim Leyh, tried a complex contract claim on behalf of a Seattle technology company. After a five-week trial, the jury found in favor of HLFT’s client on five of six claims and rejected Plaintiff’s claim for over $27 million dollars in damages.
In 2016, Tyler represented a start-up and venture capital firm in a complex eight-figure dispute against one of the largest telecommunications carriers in the country. Tyler handled 12 of the 13 depositions, which included executives, network engineers, and financial damages experts. The case was successfully resolved at mediation in San Francisco shortly before trial.
In 2016, Tyler represented a Taiwan-based technology company in a complex patent / IP development dispute with a Seattle-based technology licensing firm. The matter was settled on favorable terms following mediations in San Francisco and Seattle.
In 2011 – 2012, Tyler defended a technology company against a putative nationwide class action regarding apps from the iPhone App Store and Android Market. The trial court dismissed plaintiff’s claims without leave to amend.
As lead counsel, Tyler obtained dismissal of a putative state-wide class action based on plaintiff’s allegation that an Internet company’s sale of information violated Missouri law.
As lead counsel, Tyler obtained dismissal of a putative nationwide class action alleging that an Internet company’s sale of database information violated the Fair Credit Reporting Act (FCRA). The case was resolved for a nominal amount while the appeal was pending.
Together with Art Harrigan, Tyler defended against a putative class action concerning an Internet website’s marketing practices. Following focused discovery on the authenticity of the underlying webpages, the U.S. District Court for the Middle District of Georgia dismissed the plaintiff’s claims with prejudice.
As lead counsel, Tyler obtained dismissal of defamation, privacy, and related claims against an Internet client in a case in U.S. District Court for the District of New Jersey. The U.S. Court of Appeals for the Third Circuit affirmed the trial court’s ruling.
As lead counsel, Tyler successfully resolved a putative nationwide class action against a technology company. Tyler obtained dismissal of half of the plaintiff’s claims on a motion to dismiss and resolved the suit following extensive discovery while summary judgment motions were pending.
Corporate Disputes & Internal Investigations
In 2016, Tyler tried and won a complex case between co-founders of a tech firm involving fiduciary duty and employment disputes. The trial victory prevented the opposing party from ousting his co-owner and forcing a buy-out of his shares.
Tyler regularly represents issuers, officers, and directors in securities litigation and derivative lawsuits. Most recently, Tyler obtained a trial court’s ruling that stayed plaintiff’s derivative claims pending the outcome of an internal investigation. In response, plaintiff voluntarily dismissed the lawsuit.
Together with Tim Leyh, Tyler represented a venture capital firm and early-stage telecom company prosecuting claims against former officers and directors for breach of fiduciary duty and fraud. Following a two-week arbitration, the arbitrator found in favor of the company and awarded joint and several damages against the former officers and directors. Tyler handled the closing argument.
Together with Art Harrigan, Tyler defended an Internet company against securities fraud and breach of contract claims brought by the former majority shareholder of an acquired company. After extensive discovery and motion practice, the claims were settled on a favorable basis at mediation.
Represented majority shareholder in breach of fiduciary duty claims based on the discovery of extensive self-dealing and corporate waste by the founding (selling) officers and directors of the company. After a two-week arbitration, HLFT prevailed on fiduciary duty claims and reached settlements that included return of cash and shares to our client.
Represented co-founder and shareholder in a lawsuit arising from the attempted ouster from a closely held company. After a four-day trial, HLFT obtained a ruling reversing the purported termination of the client’s employment and affirming the authority of the Board of Directors in management of the Company’s affairs.
Represented a 50% owner of a Seattle-area media and advertising firm in negotiations with a fellow 50% shareholder regarding management and corporate governance disputes. Represented the company in a breach of fiduciary duty case involving claims arising from self-dealing by a 49%-unit holder in connection with the client’s supplier in Asia.
Represented a minority shareholder in negotiations relating to the majority shareholders’ efforts to terminate the minority shareholder’s employment at a biotech firm. Negotiated business separation and compensation for the client without filing suit.
Represented an officer and minority shareholder in negotiations relating to the majority shareholder’s competing business and recapitalization event.
Represented individual officer and director defendants in an alleged breach of fiduciary duty case arising from allegations regarding the company’s assets and business practices in China.
Represented an individual in connection with state and federal investigations regarding allegedly problematic practices at a health care provider.
Advised committee of the board of directors in connection with potential conflict of interest transactions involving affiliate companies controlled by officers of the client.
Advised the audit committee of a publicly traded company in connection with revenue recognition issues and restatement of quarterly financials arising from software licensing activities at the client’s Asia sales office.
Represented an Internet business in connection with a Federal Trade Commission (FTC) inquiry into data collection, sales, and handling, including proceedings in Washington, D.C.
Represented an Internet company in connection with a state attorneys’ general investigation of Internet marketing practices.
Represented a consumer reporting agency in response to a Federal Trade Commission (FTC) Civil Investigative Demand regarding data collection practices and compliance with the Fair Credit Reporting Act.
Represented a website operator in connection with a Federal Trade Commission (FTC) enforcement action out of the Commission’s San Francisco office.
Represented a technology company in the investigation of potential unauthorized access to medical records.
Represented a medical provider in an investigation of unauthorized access to medical records.
Education
- University of Notre Dame Law School
- J.D. cum laude 2000, Notre Dame Scholar, Scholarship Recipient 1997 – 2000
- University of Notre Dame
- B.A. Government & International Relations 1995.
Fr. Andrew Morrissey Award, 1994.
- B.A. Government & International Relations 1995.
Experience
- Harrigan Leyh Farmer & Thomsen LLP
-
- 2008 – Present
- Jones Day
- 2000 – 2007
- U.S. Department of Justice,
Office of Foreign Litigation- 1998
Admitted to Practice
- Washington
- California
- District of Columbia
- U.S. Supreme Court
- U.S. Courts of Appeals
- Federal Circuit
- Third Circuit
- Ninth Circuit
- Eleventh Circuit
- U.S. District Courts
- Western District of Washington
- Central District of California
- Eastern District of California
- Northern District of California
- Southern District of California
- District of Colorado
Chambers USA ranks Tyler among the top lawyers in the state and observes that Tyler “has significant experience representing his clients in trials and is a popular choice for bet-the-company litigation. He has further experience acting on employment and trade secret disputes.”
For over 20 years, Tyler has represented a broad spectrum of clients in pressing matters in courts around the country. Tyler’s work has been noted by Chambers USA, Best Lawyers in America (Commercial Litigation, Intellectual Property, Appellate), Benchmark Litigation, and Super Lawyers (repeatedly Top 100).
Tyler is a Fellow of the American Bar Foundation and a Senior Fellow of Litigation Counsel of America.
Clients across a broad range of industries retain Tyler in high-stakes matters. Recent “post covid” court trial or motion practice results include:
- In state court, we enforced a minority shareholder’s rights by invalidating a purported buyout option agreement on summary judgment and then resolved the lawsuit for immediate payment of $5 million, i.e., 20 times the price stated in the invalidated option agreement (2021). Tyler handled the remote SJ argument.
- On behalf of the City of Seattle, we defeated class certification in a putative class action arising from June 2020 protests after Tyler’s in-person class cert argument in WD Washington in April 2022.
- At an in-person bench trial in WD Washington in March – April 2022, Tyler paired with the client’s general counsel to defend the Upper Skagit Indian Tribe’s treaty rights. After trial we obtained an order dismissing all of the petitioning tribe’s claims to have treaty fishing rights in our client’s fishing territory.
- After a 4-week jury trial, Tyler obtained the trial court’s dismissal of the claim against our client (2020); affirmed by Court of Appeals after Tyler’s in-person argument (2022).
- After obtaining dismissal of a CPA claim seeking to restrict a network’s Covid-19 news coverage, Tyler argued before the Court of Appeals (via Zoom), which affirmed the trial court win (2020 and 2021).
- In federal court, we enforced a $30 mm real estate purchase sale agreement despite the buyer’s attempt to excuse performance based on Covid-19 regulations (2020).
- In a complex Zoom arbitration following a $400 mm real estate deal, Tyler secured a ruling that the controlling owner dominated Association board had violated the governing declaration (2021).
- In state court Nevada, Tyler and Ariel Martinez tried one of the first Covid era live jury trials regarding a complex breach of contract dispute (2021).
Tyler regularly works with companies, partnerships, and property owners to protect their rights and has resolved dozens of disputes without the burden, expense, and uncertainty of filing a lawsuit. Tyler’s interest in finding paths for negotiated resolution of conflicts dates to his undergraduate experience, which included mediation training.
In 2020, 2021, 2022 and 2023, Tyler was again honored among the Top 100 attorneys in the state by Super Lawyers.
Benchmark Litigation has observed that:
“On the younger end of the generational spectrum, Tyler Farmer is recognized as ‘one of the strongest up-and-coming trial lawyers. Unlike many lawyers of his vintage, he is actually the lead counsel on many cases he’s involved in. Farmer, along with Harrigan, recently tried, and won, a two-week case involving a 40-acre property near downtown Bellevue.”
In 2022, Tyler, along with the Tribe’s General Counsel, defended the Upper Skagit Indian Tribe’s saltwater fishing territory in a Western District of Washington trial of a subproceeding of the U.S. v. Washington case.
In 2022, Tyler, along with out-of-state co-counsel, recovered millions of dollars in the successful resolution of a complex case involving a landslide that destroyed our client’s development.
In 2021, Tyler prevented a minority shareholder from being squeezed out of her company. Tyler won summary judgment invalidating the alleged buyout option and then resolved the dispute for more than twenty times the option price in the invalidated agreement.
In 2021, Tyler represented a cable news program defending against a Consumer Protection Act claim seeking to restrict the program’s coverage of Covid-19. In May, Tyler argued before the Court of Appeals, which affirmed the trial court’s dismissal of the claim.
In 2021, Tyler successfully represented a commercial real estate owner enforcing its rights in a Purchase Sale Agreement when the buyer tried to abandon the transaction on the (false) basis that the state’s Covid-19 regulations prevented the transaction from closing.
In 2021, Tyler and Art Harrigan represented the Upper Skagit Indian Tribe in obtaining a summary judgment ruling that another tribe’s Usual & Accustomed fishing places did not include the Skagit River.
In 2021, Tyler successfully represented a developer in a Zoom arbitration concerning the appropriate allocation of expenses for a mixed used development following a $400+ million transaction.
In 2021, Tyler represented a privately held company in connection with a complex shareholder redemption involving executives.
In 2020, Tyler represented an individual enforcing a multimillion contract in a dispute where the counterparty alleged that the contract was fraudulently induced. We resolved the dispute at mediation resulting in an improved (and indisputably enforceable) contract for our client.
In 2019 – 20, Tyler, along with Ariel Martinez, represented a Yakima based orchard in a seven figure crop insurance coverage claim. After prevailing in a contentious discovery battle, we resolved the case for essentially the entire amount in dispute.
In 2019 – 20, Tyler tried, and won, a complex dispute regarding the disposition of proceeds from an international securities transaction. Following a five week jury trial, the Court dismissed the claim against the firm’s client.
In 2018, Tyler handled several complex matters, including a five-week jury trial, a U.S. Supreme Court appeal, arguing “bet the company” motions in California and Washington, and representing clients at five successful mediations at venues ranging from New York City to San Francisco. Highlights include:
In January and February, Tyler, together with Tim Leyh, tried a complex contract claim on behalf of a Seattle technology company. After a five-week trial, the jury found in favor of our client on five of six claims and rejected Plaintiff’s claim for over $27 million dollars in damages. We then prevailed on all post-trial motions, with the Court reversing the one adverse jury verdict and awarding our client over $2 million in attorneys’ fees and costs. The Court of Appeals affirmed.
In March, we represented the Upper Skagit Indian Tribe in its successful appeal to the United States Supreme Court.
From March through May, Tyler led a team of HLFT attorneys hired to take over the defense of a start-up technology company and its founders in post-verdict motion practice following a six-week trial in California state court. The plaintiff (a publicly traded technology company) alleged that the firm’s clients misappropriated intellectual property of their former employer and used it to build their successful Seattle area start-up. We opposed the plaintiff’s request for a constructive trust over the intellectual property. After handling oral argument in Ventura County, Tyler negotiated the settlement of the case at mediation avoiding entry of judgment and preserving all of the client’s IP.
In May – July, Tyler led a team of attorneys that took over the defense of a principal and her start-up medical practice in a contentious lawsuit involving alleged theft of trade secrets and solicitation of patients and employees. We worked with our clients to craft a litigation exit strategy that provided an opportunity for early resolution but also ensured that we would be in position to prevail at trial if necessary. We resolved the case at mediation without any disruption of the clients’ business practices or patient / employee base.
Technology companies, real estate investors, and entrepreneurs retain Tyler to protect their interests in litigation and complex negotiations. Tyler represents Internet companies as lead counsel in state and federal courts throughout the country, defending against individual lawsuits and putative class action claims.
He represents commercial property owners on a range of issues, including complex condemnation proceedings for large capital works projects, construction impact litigation, insurance coverage disputes, joint venture disputes, commercial lease disputes, and disputes arising from purchase and sale agreements.
Tyler has represented several clients in Federal Trade Commission matters and responses to investigations and compulsory process by several state attorneys general. Tyler has personally presented internal investigation results before the Securities and Exchange Commission, the FTC, and boards of directors.
Tyler worked in the Washington D.C. and Silicon Valley offices of Jones Day where he handled complex litigation and corporate. Before law school, Tyler taught middle school in Pensacola, Florida, through Americorps / ACE and worked as a residential staff member at the Andre House homeless shelter in Phoenix, Arizona.
Representative Cases
Complex Civil Litigation
In 2019 – 2020, Tyler led a team of HLFT attorneys in a 4 week jury trial in state court. The case involved an international securities transaction involving a mortgage backed security in Paraguay. Tyler handled nearly every aspect of the trial and secured dismissal of the sole claim against the firm’s client.
In 2018, Tyler led a team of HLFT attorneys hired to take over the defense of a tech company in post-verdict motion practice following a six week trial in California state court. The case involved allegations that the firm’s clients took intellectual property of their former employer and used it to build their successful start-up. Tyler negotiated the settlement of the case before entry of judgment.
In 2017, on behalf of an international consulting firm, Tyler settled a complex breach of contract case after extensive negotiations with the opposing party. By demonstrating the opposing party’s liability, the firm obtained a full recovery of the fees due under the consulting agreement without incurring the expense and delay of full litigation.
In 2017, on behalf of a private equity firm, Tyler recovered insurance coverage for claims for which the insurer initially had not provided coverage. The recovery was obtained without filing a complaint.
In 2017, Tyler obtained a seven-figure recovery for property damage to commercial real estate harmed by dewatering operations performed in connection with a public works project. Through pre-suit negotiations and exchanges of expert analysis, the case was settled at mediation before a single deposition without incurring the business distraction and expenses of normal litigation.
In 2016, Tyler represented a start-up and venture capital firm in a complex eight-figure dispute against one of the largest telecommunications carriers in the country. Tyler handled 12 of the 13 depositions, which included executives, network engineers, and financial damages experts. The case was successfully resolved at mediation in San Francisco shortly before trial.
In 2016, Tyler defended a private equity firm against claims for constructive eviction arising from a construction project. The claims were successfully resolved by demonstrating, through pre-suit negotiations, the absence of any legal basis for asserting the claims.
In 2016, Tyler represented a Fortune 100 energy company in a lawsuit against municipal entities and contractors to recover for property damage caused by construction activities. The suit was successfully resolved at mediation, including recovery of majority of attorneys’ fees.
In 2014 – 2015, Tyler represented the owner of a Bellevue high rise in a multimillion-dollar dispute arising from an elevator modernization contract. The matter was resolved on favorable terms, including recovery of attorneys’ fees, without filing a lawsuit.
In 2013 – 2014, Tyler was lead counsel in defense of a putative nationwide class action alleging violations of the Fair Credit Reporting Act (FCRA) against a Seattle area technology company. After obtaining dismissal of half of the plaintiff’s claims on a motion to dismiss, we resolved the case at mediation while the parties’ cross motions for summary judgment were pending.
In 2013 – 2014, Tyler represented Epson against antitrust claims alleging a price fixing conspiracy involving LCD products. The dispute was successfully settled before trial.
In 2013 – 2014, Tyler represented an individual defendant executive in a putative class action alleging violation of Washington State’s wage and hour laws. The claims were dismissed after defeating class certification.
Together with Art Harrigan, Tyler defended an Internet start-up against “bet the company” securities fraud and breach of contract claims brought by the former majority shareholder of an acquired company. After extensive discovery and motion practice, the claims were settled on a favorable basis at mediation.
Tyler defended a Japan-based technology joint venture against tort and breach of contract claims seeking $5 million in business interruption damages arising from the attempted repair of a step-up energy transformer. The case was successfully resolved at mediation following extensive oral argument on the defendant’s motion for judgment on the pleadings.
Together with Tim Leyh and Randall Thomsen, Tyler represented King County in connection with losses during the financial crisis to its Investment Pool, which holds funds for various local governments and agencies. The firm advised the County’s Investment Advisory Board and the County Council on a series of code and policy changes to respond to the crisis.
Together with Art Harrigan, Tyler obtained an order requiring partition by sale of a 40-acre parcel near downtown Bellevue. The case included a two-week trial with several expert witnesses and extensive proceedings before a panel of court-appointed referees. The trial court’s ruling was reversed on appeal.
With Art Harrigan, represented the minority owner of a privately held global manufacturer in a complex renegotiation of the family estate plan involving over $100 million in assets. Successfully resolved without filing a lawsuit.
Represented publicly traded real estate company in monitoring structural impact of Big Bertha repair projects on Pioneer Square real estate portfolio.
Represented defendants in civil RICO action pending in WD Washington. Successfully resolved through mediation without significant discovery.
Tyler has served as lead counsel in cases throughout the country, including California (class action, trade practices, cybersquatting, unfair business practices), Colorado (real estate investment dispute), Georgia (class action), Illinois (class action), Minnesota (class action), Mississippi (Fair Credit Reporting Act), New Jersey (Internet content), Nevada (representing creditor in bankruptcy proceedings), Oklahoma (Communications Decency Act), South Carolina (Fair Credit Reporting Act), Virginia (class action), and Washington.
Tech & IP Litigation
In 2018, Tyler led a team of HLFT attorneys hired to take over the defense of a tech company in post-verdict motion practice following a six week trial in California state court. The case involved allegations that the firm’s clients took intellectual property of their former employer and used it to build their successful start-up. Tyler negotiated the settlement of the case before entry of judgment allowing the start-up to remain in business.
In 2018, Tyler, together with Tim Leyh, tried a complex contract claim on behalf of a Seattle technology company. After a five-week trial, the jury found in favor of HLFT’s client on five of six claims and rejected Plaintiff’s claim for over $27 million dollars in damages.
In 2016, Tyler represented a start-up and venture capital firm in a complex eight-figure dispute against one of the largest telecommunications carriers in the country. Tyler handled 12 of the 13 depositions, which included executives, network engineers, and financial damages experts. The case was successfully resolved at mediation in San Francisco shortly before trial.
In 2016, Tyler represented a Taiwan-based technology company in a complex patent / IP development dispute with a Seattle-based technology licensing firm. The matter was settled on favorable terms following mediations in San Francisco and Seattle.
In 2011 – 2012, Tyler defended a technology company against a putative nationwide class action regarding apps from the iPhone App Store and Android Market. The trial court dismissed plaintiff’s claims without leave to amend.
As lead counsel, Tyler obtained dismissal of a putative state-wide class action based on plaintiff’s allegation that an Internet company’s sale of information violated Missouri law.
As lead counsel, Tyler obtained dismissal of a putative nationwide class action alleging that an Internet company’s sale of database information violated the Fair Credit Reporting Act (FCRA). The case was resolved for a nominal amount while the appeal was pending.
Together with Art Harrigan, Tyler defended against a putative class action concerning an Internet website’s marketing practices. Following focused discovery on the authenticity of the underlying webpages, the U.S. District Court for the Middle District of Georgia dismissed the plaintiff’s claims with prejudice.
As lead counsel, Tyler obtained dismissal of defamation, privacy, and related claims against an Internet client in a case in U.S. District Court for the District of New Jersey. The U.S. Court of Appeals for the Third Circuit affirmed the trial court’s ruling.
As lead counsel, Tyler successfully resolved a putative nationwide class action against a technology company. Tyler obtained dismissal of half of the plaintiff’s claims on a motion to dismiss and resolved the suit following extensive discovery while summary judgment motions were pending.
Corporate Disputes & Internal Investigations
In 2016, Tyler tried and won a complex case between co-founders of a tech firm involving fiduciary duty and employment disputes. The trial victory prevented the opposing party from ousting his co-owner and forcing a buy-out of his shares.
Tyler regularly represents issuers, officers, and directors in securities litigation and derivative lawsuits. Most recently, Tyler obtained a trial court’s ruling that stayed plaintiff’s derivative claims pending the outcome of an internal investigation. In response, plaintiff voluntarily dismissed the lawsuit.
Together with Tim Leyh, Tyler represented a venture capital firm and early-stage telecom company prosecuting claims against former officers and directors for breach of fiduciary duty and fraud. Following a two-week arbitration, the arbitrator found in favor of the company and awarded joint and several damages against the former officers and directors. Tyler handled the closing argument.
Together with Art Harrigan, Tyler defended an Internet company against securities fraud and breach of contract claims brought by the former majority shareholder of an acquired company. After extensive discovery and motion practice, the claims were settled on a favorable basis at mediation.
Represented majority shareholder in breach of fiduciary duty claims based on the discovery of extensive self-dealing and corporate waste by the founding (selling) officers and directors of the company. After a two-week arbitration, HLFT prevailed on fiduciary duty claims and reached settlements that included return of cash and shares to our client.
Represented co-founder and shareholder in a lawsuit arising from the attempted ouster from a closely held company. After a four-day trial, HLFT obtained a ruling reversing the purported termination of the client’s employment and affirming the authority of the Board of Directors in management of the Company’s affairs.
Represented a 50% owner of a Seattle-area media and advertising firm in negotiations with a fellow 50% shareholder regarding management and corporate governance disputes. Represented the company in a breach of fiduciary duty case involving claims arising from self-dealing by a 49%-unit holder in connection with the client’s supplier in Asia.
Represented a minority shareholder in negotiations relating to the majority shareholders’ efforts to terminate the minority shareholder’s employment at a biotech firm. Negotiated business separation and compensation for the client without filing suit.
Represented an officer and minority shareholder in negotiations relating to the majority shareholder’s competing business and recapitalization event.
Represented individual officer and director defendants in an alleged breach of fiduciary duty case arising from allegations regarding the company’s assets and business practices in China.
Represented an individual in connection with state and federal investigations regarding allegedly problematic practices at a health care provider.
Advised committee of the board of directors in connection with potential conflict of interest transactions involving affiliate companies controlled by officers of the client.
Advised the audit committee of a publicly traded company in connection with revenue recognition issues and restatement of quarterly financials arising from software licensing activities at the client’s Asia sales office.
Represented an Internet business in connection with a Federal Trade Commission (FTC) inquiry into data collection, sales, and handling, including proceedings in Washington, D.C.
Represented an Internet company in connection with a state attorneys’ general investigation of Internet marketing practices.
Represented a consumer reporting agency in response to a Federal Trade Commission (FTC) Civil Investigative Demand regarding data collection practices and compliance with the Fair Credit Reporting Act.
Represented a website operator in connection with a Federal Trade Commission (FTC) enforcement action out of the Commission’s San Francisco office.
Represented a technology company in the investigation of potential unauthorized access to medical records.
Represented a medical provider in an investigation of unauthorized access to medical records.
