Hunter Ferguson

Hunter Ferguson

Partner, CIPP/US
Seattle, WA
Overview

About Hunter

Hunter Ferguson chairs the firm’s global Privacy and Data Security practice and is a partner in its Litigation group. He counsels and advises a wide range of clients on an array of privacy and security matters, including compliance with GDPR, CalCPA, and other federal and state regulatory regimes, assessment and management of third-party risk, and development of internal programs, policies, and procedures. He regularly advises and represents clients in connection with data breach and security incident planning, preparation and response, including internal investigations, notifications and public announcements, and regulatory reporting. And he represents businesses and individuals in privacy and data security disputes and litigation. Hunter also maintains an active litigation practice, involving complex contract, copyright, trade secret, and business interference disputes, and he regularly prepares merits and amicus briefing and petitions for review and certiorari at every level of state and federal courts.

Before joining Stoel Rives, Hunter was a law clerk for the Honorable Stephen J. Dwyer at the Washington State Court of Appeals, Division I (2008-2010) and a law clerk for the Honorable Sarah S. Vance at the United States District Court for the Eastern District of Louisiana (2007-2008).

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Experience

Experience

Information Privacy and Cybersecurity

  • Counsel businesses regarding compliance with GDPR, CalCPA, another applicable federal and state privacy laws.
  • Collaborate with businesses on the preparation and implementation of privacy and data security programs, policies, and procedures.
  • Counsel and represent businesses regarding data breaches, ransomware and other malware attacks, incident response, forensic audits, breach notification, regulatory reporting requirements, and government investigations, including investigations by the Department of Health and Human Services Office for Civil Rights and state attorneys general.
  • Advise clients regarding insurance coverage and development of sound cybersecurity and information privacy plans.
  • Successfully represented a group of seven public agencies in dispute with payment card processing contractor regarding network security and implementation of PCI data security standards.
  • Successfully represented individuals in invasion of privacy claims and in deletion of personal information from public websites.

Significant Appellate Decisions

  • King County v. Vinci Construction Grands Projets/Parsons RCI/Frontier-Kemper, JV, 188 Wn.2d 618, 398 P.3d 1093 (2017).
  • King County v. Vinci Construction Grands Projets/Parsons RCI/Frontier-Kemper, JV, 191 Wn. App. 142 (2015).
  • City & Cnty. of San Francisco v. Sheehan__ U.S. __, 135 S. Ct. 1765 (2015).
  • Grenning v. Miller-Stout, 739 F.3d 1235 (9th Cir. 2014).
  • Weidert v. Hanson, 178 Wn.2d 462, 309 P.3d 435 (Wash. 2013).

Product Liability

  • Represented public transit agency in design defect case against bus manufacturer and engine heater manufacturer that resulted in a favorable settlement.
  • Counsel to various pharmaceutical manufacturers in design defect and failure-to-warn disputes under Washington’s Product Liability Act.
  • Member of defense team for Fortune 100 business in mass product liability action; coordinated summary judgment motions resulting in dismissal of all fraud claims.

Commercial Litigation

  • Ponderay Newsprint Co. v. Public Utility District No. 1 of Pend Oreille County (Spokane Cnty. Sup. Ct.) – lead trial and joint defense counsel of newsprint mill in complex contract dispute with public utility district, involving a cross-claim for damages by the public utility district in excess of $406 million. Litigated dispute to a favorable settlement revision of power purchase agreement.
  • Represented numerous software development firms in complex contract, trade secrets, and copyright dispute.
  • Represented sellers of a healthcare business in complex contract, trade secrets, and tortious interference dispute.
  • Representing graphics firm in copyright and licensing agreement dispute.
  • Member of team that represents King County in construction dispute against tunneling contractor that resulted in $130 million jury verdict; prepared successful motion for summary judgment of contractor’s differing site conditions claim.
  • Second chair at trial resulting in ruling that investment fund clients were not liable for breach in a contract dispute over assignment of $75 million syndicated loan.
  • Represented data analytics and software development firm in Anti-Cybersquatting Protection Act and defamation suit against former business associate that resulted in dismantling of offending websites.
  • Represented software development firm in complex contract and trade secrets dispute in both state court and bankruptcy court and before the Bankruptcy Appellate Panel for the Ninth Circuit.
  • Represented international accounting firm in white-collar overtime exemption appeal in Washington state court resulting in favorable ruling of reversal.
  • Counsel to sportswear apparel firm regarding trademark and branding issues.

Rail Transport

  • Ongoing advice to, and representation of, forest products and commodity manufacturers and shippers regarding freight claims under the Carmack Amendment, the Surface Transportation Board’s regulation of rail service, and disputes with railroads over rail service adequacy.
  • Ballard Terminal R.R. Co. – Acquis. & Op. Exemption – Woodinville Sub., FD 35731 (STB Dec. 30, 2014) and GNP Rly, Inc. – Acquis. & Op. Exemption – Redmond Spur & Woodinville Sub., FD 35407 (STB June 15, 2011) – successfully defended the cities of Kirkland and Redmond, WA, in rail-reactivation proceeding before the Surface Transportation Board, defeating railroads’ effort to seize control of railbanked rail lines and protecting cities’ investments in rail corridors for development of interim trails.
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Honors

Honors & Activities

Professional Honors & Activities

  • Listed among Rising Stars (Business Litigation, Appellate, Transportation), Washington Super Lawyers®, 2014-2017, 2019
  • Trial Academy, International Association of Defense Counsel (IADC), 2014
  • Former Member, William O. Dwyer Inn of Court, 2009-2018
  • Volunteer attorney, King County Bar Association Housing Justice Project, 2011-2013
  • Volunteer attorney, Northwest Immigrant Rights Project, 2009-2012
  • Member, American Bar Association
  • Member, Washington State Bar Association
  • Member, King County Bar Association

Civic Activities

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Insights & Presentations

Insights & Presentations

  • “What Does the CCPA Mean for My Business? How Do We Comply?,” Stoel Rives LLP, Minneapolis, Seattle, July 2019
  • “Cybersecurity Risks for Employee Benefits Services” (co-presenter), Western Pension & Benefits Council, Seattle Chapter, 2019 Spring Seminar, April 2019
  • “Privacy & Security: Back to Basics” (co-presenter), Stoel Rives LLP, April 2019
  • “The Privacy Office: An Introduction” (co-presenter), Stoel Rives LLP, July 2015
  • “Rail Trail Property Rights Litigation” (co-presenter), Washington State Association of Municipal Attorneys Annual Conference, May 2015
  • Washington Civil Procedure Deskbook (3d ed., 2015), various chapters (co-author)
  • “The Confusing Standards for Discretionary Review in Washington and a Proposed Framework for Clarity” (co-author), 38 Seattle U. L. Rev, Sept. 2014
  • No On-Off Switch: 24-Hour Prison Security Lighting,” Bar Bulletin, King County Bar Association, Feb. 2013
  • “A Tale of Quiet Efficiency: King County’s Success with Hybrid Buses” (co-presenter), Association for European Transport Annual Conference, Glasgow, Scotland, Oct. 2012
  • “Federal Court Boot Camp: How to Practice in Federal Court” (co-presenter), Pincus Professional Education, Seattle, Washington, Dec. 2011, 2012
  • “Products Liability” (co-author), Law of Outdoor Industries (2d ed.), 2011
  • Claim Consolidation: Is One a Lonely Number?” (co-author), Bar Bulletin, King County Bar Association, Mar. 2011
  • “The Complete Appeal: State vs. Federal” (co-presenter), Pincus Professional Education, Seattle, Washington, Dec. 2011, 2010



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