Business Litigation

J.D., University of California at Los Angeles, 1982

B.A., cum laude, Claremont McKenna College, 1979

Co-author, "CERCLA and Transboundary Contamination in the Columbia River," published in Natural Resources & Environment, Volume 21, Number 1, Summer 2006, for the ABA Section of Environment, Energy, and Resources.

Co-author "The State of Regulatory Takings in Washington: Reconsideration of the State's Takings Formula under Lingle v. Chevron U.S.A., Inc.," WSBA Environmental & Land Use Law Newsletter (May 2007).

Paul regularly speaks at Washington Bar Association and national legal education programs. Recent Presentations include: American Bar Association 2011 Annual Meeting, Enforcement of U.S. Environmental Law in Cases of Cross-Boundary Pollution: A Case Study, Toronto, Canada, August, 2011; Washington Bar Association, Dealing with Confidentiality Concerns: Sealed Court Records in Civil Cases, Seattle, Washington, October, 2006; Washington Bar Association, Summary Judgment: Narrowing the Issues or Disposing of the Case, Seattle, Washington, April, 2006; ALI-ABA International Environmental Litigation, Washington, D.C., April, 2005.

Former Chair, Seattle Ethics & Elections Commission, and a member for 8 years.

Recipient of multiple awards for success in obtaining a court order vacating conviction of death row inmate.

Counsel on Pakootas, et al. v. Teck Cominco, a case in which the Ninth Circuit has decided that United States environmental law applies to cross-boundary pollution.  The case concerns discharges of waste from a large smelter in Trail, British Columbia.  Trial on the liability phase commences in September, 2012.

Obtained dismissal of novel antitrust and dormant Commerce Clause claims on summary judgment.  SCB's client contracted to be the exclusive provider of ambulance services for a county on the Oregon border near Portland.  A competing ambulance company claimed the implementing ordinance violated the Sherman Act and the dormant Commerce Clause of the U.S. Constitution.  The U.S. District Court disagreed, sustaining SCB's client's position.

Defended an international arbitration conducted in Vienna, Austria under Austrian substantive law and International Chamber of Commerce rules of procedure.  The case concerned bedrock contract law principles, and the three person international tribunal accepted our view of key legal requirements and our client substantially prevailed.

Obtained a summary judgment dismissal in favor of SCB's client, the holder of an unpaid promissory note issued in a business venture. In Cornerstone Equipment Leasing, Inc. v. MacLeod, No. 64342-8-I, the Court of Appeals affirmed, rejecting arguments that the terms of a written debt instrument could be disregarded based on claimed oral agreements.  The court affirmed on issues of waiver, estoppel, and fraudulent inducement.  SCB was able to obtain this result without a trial, even though the debtor claimed disputed evidence.

Lead counsel for defendant in Weston v. Emerald City Pizza, LLC, which culminated in a Washington Court of Appeals case that reversed a class certification order and explained the standards applicable to class certification in wage and hour litigation.

Handled a dispute over provisions of a buy/sell agreement that led to parallel proceedings in Arizona and Washington.  The matter was settled favorably to SCB's client after trial.

Defended a class action alleging contract and Consumer Protection Act claims based on claimed erroneous billing practices.  After litigation over availability of contract relief in third party billing context and suitability of class treatment of CPA claim, case settled on the eve of trial.