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Leonard J. Feldman
Partner
Seattle, WA
(206) 386-7538 Direct
(206) 386-7500 Fax

ljfeldman@stoel.com

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Leonard J. Feldman

Experience

Leonard Feldman is a partner in the Litigation group. Mr. Feldman focuses his practice on complex commercial litigation and appellate work. His commercial litigation experience includes class actions, antitrust (litigation and counseling), intellectual property, construction law, securities litigation, environmental litigation and civil rights. His appellate practice encompasses all phases of civil and criminal appeals, including emergency motions, expedited appeals, case management, drafting and oral argument.

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 Work

Trial Experience

  • Bonneville Power Administration Arbitration (American Arbitration Association) - Represented Bonneville Power Administration, a federal power marketing agency, in a breach of contract dispute with the developer of a power generating facility. The matter was arbitrated in Denver, with the hearing lasting over a year. The matter included resolution of significant claims by the contractor (Kiewit/Black & Veatch) and the equipment supplier (General Electric) and extensive technical testimony about the facility's turbine. The plaintiff's claim exceeded $1 billion and is one of the largest ever brought before the AAA.
  • Skidmore, Owings & Merrill v. Intrawest Corp. (King County; Wash. Ct. App.) - Successfully represented Skidmore, Owings & Merrill, one of the world's largest architectural and engineering firms, against architectural and engineering malpractice claims brought by the owner and several contractors related to the construction of a high-rise structure in Seattle. Intrawest and its contractors were ultimately awarded approximately one-fourth of the amounts they had claimed.
  • The Disposal Group v. City of Vancouver (W.D. Wash.) - Successfully represented TDG in a lawsuit against the City of Vancouver claiming that TDG was entitled to compensation when the City terminated the hauler's right to collect garbage in a portion of the city. TDG was awarded damages (lost profits for 10 years) of $3 million.

Class Action Experience

  • Jones v. Genus Credit Management Corporation (D. Md.) - Successfully represented American Financial Solutions and North Seattle Community College Foundation in a purported nationwide class action against several major participants in the credit counseling industry. The district court dismissed the lawsuit in its entirety.
  • 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.
  • Johnston v. Goldendale Aluminum Company (E.D. Wash.) - Successfully represented Goldendale Aluminum Company in a purported class action alleging that the company's officers and directors breached their duties as fiduciaries and cofiduciaries within the meaning of the Employee Retirement Income Security Act (ERISA). After receiving the defendants' motion to dismiss the complaint as a matter of law and engaging in limited discovery, the plaintiff agreed to dismiss the complaint voluntarily.
  • Robinson v. Hertz Corporation (King County Superior Ct.) - Successfully represented Hertz Corporation in a consumer class action arising out of charges paid by Hertz customers. Successfully moved to dismiss all claims against Hertz, which was then dismissed from the action.

Appellate Experience

  • Mitchell v. American Reliable Insurance Company (9th Cir.) - Successfully represented assignee of policyholder in asserting coverage and bad faith 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 various director defendants in a lawsuit filed by sellers of stock of a closely held corporation alleging misrepresentation under the Washington State Securities Act (WSSA). The trial court declined to award damages and the court of appeals affirmed, holding that rescission (rather than damages) was the 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. United States 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.

Professional Honors & Activities

  • Listed in Best Lawyers in America® (currently: Appellate Practice), 2013
  • Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Litigation: General Commercial), 2010-2013
  • Listed in Washington Super Lawyers® (currently: Appellate), 2007-2012
  • Selected as a "Local Litigation Star," Benchmark Litigation (Commercial Litigation), 2012-2013
  • Selected as one of Washington's Top 10 Appellate Law Lawyers, Super Lawyers®, 2009
  • Listed in "Top Business Lawyers in Washington," Washington CEO, 2008
  • Recipient of Pro Bono Award from Washington Sate Bar Association, 2006
  • Selected as a "Rising Star" by Washington Law and Politics, 2006
  • Member, Washington State Bar Association
  • Member, Federal Bar Association Appellate Practice Committee
  • Past president, King County Bar Association Appellate Practice Committee

Presentations

  • "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
  • "Effective Appellate Brief Writing," KCBA Appellate Practice Section, 2009
  • "Effective Appellate Brief Writing," Microsoft Legal and Corporate Affairs, 2009
  • "How to Write, Edit and Review Persuasive Briefs," CLE, WSBA, 2009
  • "Brief Writing and Oral Argument," KCBA Appellate Practice Institute/KCBA Appellate Law Section CLE, 2007
  • "Reducing Antitrust Risks in Pricing Decisions," Washington Corporate Counsel Association, 2007
  • "Effective Appellate Advocacy in Federal Court," CLE, Seattle, 1999
  • "Third Annual Ninth Circuit Appellate Practice Institute," CLE, Seattle, 1996
  • "Reducing Antitrust Risks in Product Distribution," CLE, Seattle, 1994

Civic Activities

  • Mentor and participant, Leukemia & Lymphoma Society Team in Training; Maui Marathon, Sept. 2003; London Marathon, Apr. 2004; Lake Stevens Half Ironman, Aug. 2011

Publications

  • "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 Decisionmaking" (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
  • "Appealing Opportunities Abound: Making a Difference One Case at a Time," King County Bar Association Bar Bulletin, 2008
  • "The Clerks' Rules of Appellate Procedure" 27 (coauthor), Appellate Practice Journal 20, 2008
  • "A Guide to Appellate Motions on the Merits" (coauthor), 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
  • "The Ninth Circuit Pro Bono Program: Public Service and Personal Satisfaction," Washington State Bar News, 2003
  • "Primer on Pricing Practices and the Antitrust Laws" (coauthor), Antitrust Litigator, 1994
  • "The Interstate Compact: A Cooperative Solution to Complex Litigation in State Courts," 12 Review of Litigation 137, 1992

Education

  • 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

Admissions

  • Washington
  • 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

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