Leonard J. Feldman
Leonard Feldman is a partner in the Litigation group and heads the firm's appellate practice group. His appellate practice encompasses all phases of civil and criminal appeals, including emergency motions, expedited appeals, case management, drafting and oral argument. His commercial litigation experience includes class actions, antitrust (litigation and counseling), intellectual property, construction law, securities litigation, environmental litigation and civil rights.
Mr. Feldman is currently a District Coordinator for the Ninth Circuit Pro Bono Program. He is also a lecturer and teaches a course on appellate practice at the University of Washington School of Law.
Previously, Mr. Feldman was an attorney (shareholder, 1999) at Heller Erhman LLP, 1992-2008. He served as the judicial clerk for Judge Jerome Farris at the U.S. Court of Appeals for the Ninth Circuit, 1991-1992.
Representative WorkErection Company v. W&W Steel (9th Cir.) – Successfully represented construction company on appeal in lawsuit seeking to compel arbitration pursuant to a disputed agreement.
Mitchell v. American Reliable Insurance Company (9th Cir.; D. Mont.) - Successfully represented assignee of policyholder in asserting coverage claims against insurance company. Ninth Circuit Court of Appeals held that insurer breached duty to defend and reversed district court's contrary holding.
Sun Microsystems, Inc. v. Microsoft Corp. (D. Md.; 4th Cir.) - Successfully represented Microsoft in defending claims under federal antitrust laws, California state unfair competition laws and copyright laws alleging monopolization, attempted monopolization, tying, unfair competition and copyright infringement.
Helenius v. Chelius (King County; Wash. Ct. App.) - Successfully represented director defendants in lawsuit alleging misrepresentation under Washington State Securities Act (WSSA). The trial court declined to award damages and the court of appeals affirmed, holding that rescission was proper remedy under the WSSA.
Heaphy v. State Farm Insurance Company (Pierce County; Wash. Ct. App.) - Successfully represented State Farm Insurance companies in a purported nationwide class action by insureds who supposedly were not compensated under their underinsured motorist coverage for diminution of value after their cars were damaged.
Western States Petroleum Association. v. U.S. Environmental Protection Agency (9th Cir.) - Successfully represented Western States Petroleum Association challenging EPA's decision to reject a portion of Washington's operating permit plan that allows small emission units to be exempted from Title V permit applications and permit compliance requirements in Washington.
Sean G. Duffy v. Chase Riveland (W.D. Wash.; 9th Cir) - Appointed by the Ninth Circuit Court of Appeals to represent on a pro bono basis Sean Duffy, a deaf inmate alleging handicap discrimination and denial of due process rights. The Ninth Circuit reversed the district court's judgment in favor of defendants. The case settled on favorable terms after the District Court for the Western District of Washington granted summary judgment in favor of Mr. Duffy.
Professional Honors & Activities
- Listed in Best Lawyers in America® (currently: Appellate Practice), 2013-2015
- Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Litigation: General Commercial), 2010-2014
- Selected as "Local Litigation Star," Benchmark Litigation (Commercial Litigation), 2012-2013
- Listed in Washington Super Lawyers® (Appellate, Business Litigation), 2007-2014
- Selected as one of Washington's Top 10 Appellate Law Lawyers, Super Lawyers®, 2009
- Past president, King County Bar Association Appellate Practice Committee
- Listed in "Top Business Lawyers in Washington," Washington CEO, 2008
- Recipient of Pro Bono Award from Washington State Bar Association, 2006
- "Doing Well by Doing Good – Pro Bono Panel CLE," Federal Bar Association, 2013
- "Success on Appeal Begins with the Record in the Trial Court," Federal Bar Association, 2012
- "How to Write, Edit and Review Persuasive Briefs," Montana Trial Lawyers Association, 2011
- "Effective Appellate Brief Writing," Alaska Bar Appellate Section, 2010
- "Ninth Circuit Boot Camp: A Beginning and Intermediate Guide to Ninth Circuit Practice," Pincus Professional Education, 2010
- "Complete Appeal Conference: Strategies from Start to Finish," Pincus Professional Education, 2010
- "Effective Appellate Brief Writing," WSBA Breakfast at the Bar, 2009
- "Brief Writing and Oral Argument," KCBA Appellate Practice Institute/KCBA Appellate Law Section CLE, 2007
- Brief Writing and Oral Argument," KCBA Appellate Practice Section, 2009
- Effective Appellate Advocacy in Federal Court," CLE, Seattle, Washington, 1999
- "Third Annual Ninth Circuit Appellate Practice Institute," CLE, Seattle, Washington, 1996
- Mentor and participant, Leukemia & Lymphoma Society Team in Training; Maui Marathon, Sept. 2003; London Marathon, Apr. 2004; Lake Stevens Half Ironman, Aug. 2011
- "The Confusing Standards for Discretionary Review in Washington and a Proposed Framework for Clarity" (coauthor), 38 Seattle University Law Review, forthcoming September 2014
- "Claim Consolidation: Is One a Lonely Number?" King County Bar Association Bar Bulletin, 2011
- "The Continuous Ownership Requirement in Shareholder Derivative Litigation: Endorsing a Common Sense Application of Standing and Choice-of-Law Principles" (coauthor), Willamette Law Review, 2011
- "Effective Oral Argument: Five Do's, Five Don'ts and Six Pitches from One Judge and Two Lawyers" (coauthor), Seattle University Law Review 347, 2010
- "Looking Outside the Judicial Monastery: A Pragmatic Approach to Judicial Decision-making" (coauthor), Washington State Bar News, 2010
- "How to Write, Edit and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers" (coauthor), 31 Seattle University Law Review 417, 2008
- "The Clerks' Rules of Appellate Procedure" (coauthor), 27 Appellate Practice Journal 20, 2008
- "A Guide to Appellate Motions on the Merits" (co-author), King County Bar Association Bar Bulletin, 2007
- "Mootness in the Class Action Context: Court-Created Exceptions to the 'Case or Controversy' Requirement of Article III" (coauthor), 26 Review of Litigation 77, 2007
- "Independent Ink at the Crossroads of Antitrust and Intellectual Property Law: The Court's Holding Regarding Market Power in Cases Involving Patents and Implications in Cases Involving Copyrights" (coauthor), 30 Seattle University Law Review 407, 2007
- "Avoiding Liability for Securities Fraud: The Legal Significance of Integration (and Non-Reliance) Clauses Under State and Federal Law" (coauthor), Washington State Bar News, 2006
- "Litigating in the New Class Action World: An Update on the Evolving Case Law Under the Class Action Fairness Act" (coauthor), Analysis & Perspective, 2005
- "The Equitable Tolling Doctrine in First Party Insurance Coverage Matters: Analysis, Benefits and Illustrative Case Study" (coauthor), Tort Trial & Insurance Practice Law Journal, 2005
- "Primer on Pricing Practices and the Antitrust Laws" (coauthor), 22 Antitrust Litigator 3 – 1994
- "The Interstate Compact: A Cooperative Solution to Complex Litigation in State Courts," 12 Review of Litigation 137, 1992
- Harvard Law School, J.D., 1991, magna cum laude
Sears Award (top two students at Harvard Law School), 1988-1989, 1989-1990
- University of Washington, B.S., 1987, summa cum laude
Undergraduate Merit Scholarship (top 25 students at University of Washington), 1983-1984, 1984-1985, 1986-1987
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- U.S. District Courts for the Western and Eastern Districts of Washington
- U.S. Courts of Appeals for the Fifth, Eighth, Ninth and Tenth Circuits
- U.S. Supreme Court