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Practice Emphasis Hospitality, Beverage & Franchise, Antitrust, and Intellectual Property Professional Experience Joined Graham & Dunn, 1981 Clerk, Judge N.J. Walinski, U.S. District Court, N.D. Ohio Clerk, Judge Paul C. Weick, US Circuit Court, Sixth Circuit Court of Appeals Admitted to Practice: Ohio, 1978; Washington, 1982; Oregon, 2004 Doug is a trial lawyer whose practice is concentrated in franchising, licensing, antitrust, and distribution law matters. Professional and Community Activities American Bar Association Washington State Bar Association Ohio State Bar Association King County Bar Association Federal Bar Association (Western District of Washington) Former Co-Chair, Local Rules Committee American Arbitration Association, member of arbitration panel International Franchise Association, Council of Franchise Suppliers Education J.D., University of Toledo, 1978; editor-in-chief, University of Toledo Law Review B.S., Bowling Green State University, 1974 Illustrative Cases The following are examples of some of the types of cases Doug has handled for our clients: Atlantic Richfield Company v. Pacific Crest Equities Corp., BUS. FRANCHISE GUIDE (CCH), 9829 (D. Or. 1991). Order dismissing franchisee's $85 million action following failure of master franchisee, which had acquired Plaid Pantry chain of convenience stores and had converted them to am/pm franchised outlets. Franchisee's claims were predicated on various alleged misrepresentations. Ben L. Corp v. Atlantic Richfield Co., BUS. FRANCHISE GUIDE (CCH) 9496 (W.D. Wash. 1989). Injunction issued by franchisor against former franchisee for trademark and service mark infringement and unfair competition. Beutlich v. ARCO Products Co., BUS. FRANCHISE GUIDE (CCH) 11,657 (WD Wash. 1998) aff'd, BUS. FRANCHISE GUIDE (CCH) 11,658 (9th Cir. 1999). Defense of action to enjoin termination of franchise agreements following franchisor's discovery of franchisee's phantom sales to obtain promotional allowance rebates Plaintiff's claims dismissed on summary judgment, and affirmed on appeal to Ninth Circuit. Century 21 v. John L. Scott Real Estate Affiliates, Spokane County Superior Court (1995). Defense of action for tortious interference of contract following conversion by a Century 21 franchisee to another brand. Corp v. ARCO, 122 Wn.2d 574, 860 P.2d 1015, BUS. FRANCHISE GUIDE (CCH), 10,436 (1993). Opinion affirming dismissal of claims and ending 13 years of litigation in action brought by numerous franchisees following ARCO's introduction of new franchise system to replace existing franchise system. Crane and Associates, Inc. v. Century 21 v. Prudential Real Estate Affiliates, Inc., King County Superior Court (1996). Action by multiple unit franchisee following conversion of offices contesting anti-competitive effects of noncompete provisions in separate franchise agreements with overlapping terms, former franchisor's bad faith refusal to allow transfer of existing franchise, and claims against new franchisor alleged tortious interference of contract. Dobson v. Atlantic Richfield Company, Multnomah (Oregon) Circuit Court (2000). Defense of class action suit claiming disclosures to customers concerning debit card transaction fee violates Oregon Unfair Trade Practices Act. Faria v. Minuteman Press International, King County Superior Court (1993). Defense of franchisor in action by former franchisee for damages based on alleged pre-sale misrepresentations. Ferryman v. Ramada Franchise Systems, Inc., US District Court, Western District of Washington (1998). Defense of action seeking to enjoin termination of franchise based on franchisee's failure to satisfy quality assurance requirements. Case settled following denial of motion for preliminary injunction to enjoin termination. Fisher Properties, Inc. v. Arden-Mayfair, Inc., 106 Wash. 2d 826, 726 P. 2d 8 (1986) appeal from remand, 115 Wash. 2d 364, 798 P. 2d 799 (1990). Affirming damage award to long-term lessor for damages following lessee's failure to maintain or surrender leased premises in the condition required by lease. Harb v. Norrell Systems, Inc., BUS. FRANCHISE GUIDE (CCH), 10,185 (WD Wash. 1993). Order granting franchisor's motion for summary judgment on claims that breakaway franchisees could rescind based on the failure to register franchise salespersons. Harb v. Norrell Systems, Inc., BUS. FRANCHISE GUIDE (CCH), 10,231 (WD Wash. 1993). Findings of fact and conclusion of law following trial in action by breakaway franchisees who sought to rescind franchise based on alleged misrepresentations and awarding franchisor damages for breach of the franchise agreements. Holland America v. Wausau Insurance Co., Arbitration (1995). Prosecution against first party insurer for reimbursement for the several million dollars spent for environmental remediation of a subsidiary's Alaska bus maintenance facilities and another subsidiary's Alaska hotel properties. Howard Johnson Franchise Systems v. Rainier Enterprise, US Dist. Court, WD Wash. (1995). Action to enforce franchise termination and post-termination obligations and defense of claims under the Washington Franchise Investment Protection Act. Kazin v. Atlantic Richfield Co., King County Superior Court (1986). Defense of product liability and negligence action resulting from deaths of four persons following fire at ARCO franchised facility. Lindgren v. Gloria Jeans Coffee Bean, et all, Spokane County Superior Court (1997). Action against franchisor and franchisor's founder by former franchisee of multiple units in Nevada, Oregon, Washington, and California based on claims of violations of state franchise and securities statutes, common law fraud and misrepresentation, and breach of contract. Mann v. Atlantic Richfield Co., BUS. FRANCHISE GUIDE (CCH) 9489 (WD Wash. 1988). Order dismissing franchisee's claims and awarding summary judgment following nonrenewal of franchise. Olympic Pipe Line Company v. Atlantic Richfield Co. and Equilon Pipeline Company, US District Court, Western District of Washington (2000). Defense of contribution action brought by oil pipeline company following rupture of pipeline and fire, and action for economic losses approaching $500 Million based on ARCO's the loss of use of its refinery resulting from nearly two year closure of the pipeline. PACCAR, Inc. v. TeleScan Technologies, Inc, (E.D. Mich. 2000), appeal pending, No. 00-2183 (6th Cir.). Action to enjoin infringing and diluting use of Paccar's trademarks in TeleScan's domain names and Web site Preliminary injunction issued, and matter is on appeal. Seawest Sub Shops, Inc. v. Semph, US District Court, Western District of Washington (1994). Action to enforce franchise agreements against numerous breakaway franchisees who attempted to establish their own system. Shanklin v. Overlake Hospital et. al, King County Superior Court (1988). Prosecution of medical malpractice action against hospital, neurosurgeons, and anesthesiologist resulting from cardiac arrest during surgery which caused massive brain damage to 40-year old father of three and owner of small business. Skinner v. Atlantic Richfield Co., Pierce County Superior Court (1997)(Pending). Representation of ARCO in defense of class action seeking damages for personal injuries and property damage brought following the product recall of contaminated home heating oil. Technovators v. Anhauser Busch, US Dist. Court, US District Court, Central District of California and King County Superior Court (1985). Defense of product liability action resulting from failure of multiple grain bins incorporating a new bin technology purchased by Busch from Technovators for Van Nuys brewery. Thompson v. Atlantic Richfield Co., 663 F. Supp. 206 (WD Wash. 1986), reconsideration denied, BUS. FRANCHISE GUIDE (CCH) 9,080 (WD Wash. 1987). Order granting summary judgment in favor of franchisor on claims that franchisor had failed to make disclosures regarding renewal required by UFOC and rejecting claim that modification to franchise offered on renewal did not cause an unlawful termination or nonrenewal.Thompson v. Atlantic Richfield Co., 673 F. Supp. 1026, BUS. FRANCHISE GUIDE (CCH) 9048 (WD Wash. 1987). Order granting summary judgment to franchisor dismissing claim by franchisees that franchisor had duty to account for use of advertising funds collected by franchisor.Ticketmaster Corporation v. HBI Financial, Inc. (Seattle Mariners Management Corp.), King County Superior Court (1997). Representation of Ticketmaster in its attempt to dissolve its Joint Venture Agreement and in defense of claims that Ticketmaster breached its fiduciary duties in operating the Joint Venture. Case settled following grant of summary judgment to Ticketmaster, holding that Ticketmaster was authorized to dissolve the Joint Venture at any time without liability because Joint Venture Agreement was not for a specified term.Travelodge Hotels, Inc. v. Sam-Dhil Enterprises, Inc., US District Court, Western District of Washington (1998). Action to enjoin infringement, unfair competition, and dilution of Travelodge marks against hotel owner using the name Travelers' Lodge. |
