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David A. Bateman

Partner
+1.206.370.6682
Fax +1.206.370.6013

David Bateman is a trial lawyer and focuses on the cutting edge of Internet law, technology law, and intellectual property litigation. With 20 years of experience in technology and intellectual property law, David represents clients in high profile litigation matters, and provides counseling to technology clients in business deals and lobbying efforts.

David consults with clients regarding all types of cyberlaw issues, including online brand protection, digital rights management, privacy, electronic communications, and Internet commerce. A nationally recognized leader in Internet, e–commerce, and software litigation, he has been lead counsel in hundreds of lawsuits against spammers, software pirates, phishers, cybersquatters and other Internet malefactors. He is a frequent speaker on the protection of computer systems, trade secrets and intellectual property, and has designed programs for protection of trade secrets and technology.

David's litigation practice has grown in step with rapid developments in technology and e–commerce. He has worked with online retailers, wireless carriers, internet service providers, software developers and hardware manufacturers to create, protect and defend their intellectual property and technologies. He has worked cooperatively with major ISPs, industry participants, and state and federal government agencies in the battle against online consumer deception and fraud. In addition, he has defended clients in class action lawsuits and agency investigations regarding consumer complaints, technology disputes, and trademark infringement.

Achievements

  • Selected to the Washington Super Lawyers List (2004-2013)

Speaking Engagements

  • "Fighting Cybersquatting and Phishing – A New Tool to Protect Your Customers and Brands," Privacy & Data Security Law Journal, November 2007
  • "What The Tech Industry is Doing About Phishing," National Association of Attorneys General Conference, August 2007
  • "Getting Control of Spam: Challenges and Solutions," UW Business School, Northwest eBusiness 2005, Seattle, WA
  • "Internet Update – Spam," 19th Annual Computer & Information Law Institute, Dallas, Texas, 2004
  • "Spam Law 101," Adjunct Professor, University of Washington Law School, Seattle, WA, 2004
  • "Lessons from Recent Litigation," Doing Business Online: Electronic Marketing Conference, Seattle, WA, 2003
  • Served as lead trial lawyer in Microsoft's nationwide Internet safety and security litigation efforts, heading programmatic litigation in spam, phishing, spyware, click-fraud and malvertizing enforcement.
  • Served as lead trial lawyer for major online retailers in domain name defense efforts and cybersquatting litigation. 
  • Filed first civil action under federal CANSPAM Act
  • Obtained $3.4 million judgment against spyware distributor
  • Defended software manufacturer in consumer class action alleging Computer Fraud and Abuse Act violations and spyware claims
  • Represented music publishers and software manufacturers managing national, programmatic copyright infringement and piracy litigation
  • Served as lead counsel for technology company in successful bench trial to protect trade secrets and enforce employee non–compete agreement
  • Defended local start–up company in trade secret and non–compete litigation
  • Represented national mobile phone service provider in employee theft litigation.
  • Defeated class certification of anti–spam allegations brought by consumers against national retailer of copier and printer products
  • Defended national insurer in class action lawsuit involving allegations relating to consumer credit insurance. 
  • Defended securities issuer in class action securities litigation and derivative suit. Obtained sanctions against class representative and class counsel.
  • Represented ticketing agency in class action litigation brought by disappointed Michael Jackson fans.
Trained as a trial lawyer, David's practice focuses on litigation, arbitration and alternative methods of dispute resolution. David has extensive experience in complex civil litigation, with an emphasis on commercial disputes, employment claims, and consumer finance and insurance matters. David has defended corporate clients in individual and class action cases relating to securities law, employment discrimination, intellectual property law, advertising and Consumer Protection Act claims.

David has appeared in state and federal courts throughout Washington, Oregon and Alaska. He has been selected as lead trial counsel for national, regional and local clients, and has both jury and bench trial experience. He has managed portfolios of litigation for a variety of clients, and has assisted clients in developing strategies to undertake efficient dispute resolution programs and techniques.

Representative Cases
  • Lead trial lawyer in defense of numerous employment litigation matters for national mobile phone service provider. King County Superior Court, 2001.
  • Obtained defense verdict in age discrimination jury trial for prominent defense contractor. Benton County Superior Court, 2001.
  • Defended local start-up company in trade secret litigation. King County Superior Court, 2001.
  • Lead trial lawyer in successful bench trial to enforce employee non-compete agreement. King County Superior Court, 2002.
Class Action Litigation
  • Defended national mobile phone service provider in class action alleging billing failures. King County Superior Court, 2002.
  • Defeated class certification of anti-Spam fax allegations brought by consumers against national retailer of copier and printer products. King County Superior Court, 1998.
  • Defended employer in nationwide race discrimination class action lawsuit. U.S. District Court, Western District of Washington, 2001.
  • Represented nationwide employer in failure-to-pay class action by current and former employees. Defeated class certification. Snohomish County Superior Court, 1998.
  • Defended issuer in class action securities litigation and derivative suit. U.S. District Court, Western District of Washington, 1997
  • Represented ticketing agency in class action litigation brought by disappointed Michael Jackson fans. King County Superior Court, 1992, appealed to Washington State Supreme Court.
Litigation Management
  • Managed portfolio of copyright infringement actions for national music licensing organization.
  • Managed regional litigation enforcement plan for national consumer lender.
  • Designed and managed significant aspects of discovery and trial preparation in multi-district litigation matters.