Skip to Main Content
Our Commitment to Diversity

REPRESENTATIVE EXPERIENCE

Philip M. Guess

Business Litigation Experience

Represent Heart Monitor Company in series of non-compete and trade secret litigation associated with sales team.

Represented Consulting Firm in valuation case involving departing partner.

Represent generic pharmaceutical company in trade secret dispute with former prospective business partner.

Represent shareholder in global public relations and media company in case involving valuation and breaches of fiduciary duty.

Represent seller of workplace safety equipment company in dispute related to application of Generally Accepted Accounting Principles affecting earn out payment.

Represented a large national bank in dispute in breach of contract/fiduciary duty claim by mortgage holder. Obtained summary dismissal.

Represent global pesticides company and its subsidiary in Florida District Court in dispute with subsidiary’s founder and former executive alleging securities fraud, fraud, breach of fiduciary duty and breach of contract.

Represent worldwide seller of premium machine products in dispute with former overseas executives for theft and improper use of trade secrets.

Represented investment fund in dispute over buyout of co-founder and alleged breaches of fiduciary duty. Case settled on favorable terms.

Represented medical clinic in dispute with former physicians related to violation of non-compete. Case settled on favorable terms.

Represented worldwide transportation and logistics company alleging trade secrets/breach of non-compete against two former employees. Secured court ordered temporary restraining order, preliminary injunction, and negotiated a permanent injunction. Case No. 3:17-cv-01160-MO (Or. D. November 3, 2017).

Represented seller of maritime services company in dispute related to application of Generally Accepted Accounting Principles affecting earn out payment. Case settled on favorable terms.

Represented large financial institution in series of cases involving allegations of wrongful foreclosure and/or violation of various federal lending laws and regulations. Secured numerous dismissals (e.g., Case No. C18-0230JLR, 2018 WL 3126546 (W.D. Wash. June 26, 2018); Case No. 76462-4-1, 2018 WL 3120833 (Wash. Ct. App. June 25, 2018); Case No. C16-9RAJ, 2016 WL 4061813 (W.D. Wash. July 29, 2016)) and settled numerous other cases on favorable terms.

Represented a Seattle-based technology company in multi-million dollar breach of contract action filed in King County Superior Court. Case settled on favorable terms.Breach of contract

Represented national cellular telephone company in litigation in Kitsap County Superior Court involving multi-million dollar breach of contract dispute. Obtained multi-million dollar summary judgment award.

Represented warehouse lending company in fraudulent conveyance action against former retail lender in King County Superior Court. Obtained multi-million dollar summary judgment award.

Represented medical technology company in three separate cases involving former employee actions with respect to non-competes and trade secrets. One case summarily dismissed, two settled on favorable terms.

Represented a large national pipeline company in dispute with various agencies of the State of Washington regarding awarding requisite permits for expansion. Obtained injunctive relief in client’s favor.

Represented a Northwest-based maritime company in trade secret/non-compete litigation with two former executive employees in King County Superior Court. Case settled on favorable terms.

Represented a partnership real estate venture in litigation with dispute with former partner in Montana Federal District Court.

Represented a British university in breach of contract dispute with former PhD candidate filed in federal court in the Western District of Washington. Obtained summary dismissal of case which was confirmed on appeal.

Represented consultant related to investment in renewable energy tax-equity investment. Case settled on favorable terms.

Represented Pennsylvania-based energy company in large breach of contract arbitration related to transportation and delivery of natural gas. 313 F. Supp. 2d 1039 (D.N.D. 2004). Case settled in favorable terms.

Represented a national cellular telephone company in consumer class action filed in King County Superior Court regarding purported improper allocation of minutes. Case summarily dismissed.

Represented a Taiwan-based technology company in breach of contract litigation in federal District Court in Indiana and Hong Kong. Case settled on favorable terms.

Represent cryptocurrency company in connection with breach of contract and fraud claim against former trader.

Secured summary judgment for publicly traded renewable energy company with respect to founder’s termination and claims of equity ownership Monfort v. ADOMANI, Inc., 18-CV-05211-LHK, 2019 WL 6311378 (N.D. Cal. Nov. 25, 2019); see also 2019 WL 131842 (N.D. Cal. Jan. 8, 2019).

Securities and Fraud Litigation Experience

Represented Educational Services Company in dispute regarding claims associated with escrow claims post-dating transaction. 

Represent City Retirement System with respect to fraudulent acts of broker dealer managing assets.

Represented medical diagnostic laboratory in derivative case pending in San Jose Superior Court.

Represented an investment fund in investigations before the Washington Department of Financial Institutions pertaining to management fees.

Represent defrauded institutional investors in In Re Bayou Group, LLC in Southern District of New York bankruptcy court. Ultimately, Institutional investors ultimately recovered monies and judgments in excess of $75 million. 363 B.R. 674 (S.D.N.Y. 2007).

Represent large state employees pension fund in dispute with investment fund and former founder pertaining to founders’ recent criminal plea related to bribery scandal.

Represented former Chief Financial Officer of San Diego-based technology company in company investigation and associated derivative action.

Represented several companies with respect to a series of informal or formal investigations by the Securities & Exchange Commission into potential employee insider trading.

Represent Northwest- and California-based investment funds with respect to investor losses in the investments in the Bernard L. Madoff Ponzi Scheme, in California state litigation.

Represent East Coast-based investment fund in Lehman Brothers bankruptcy proceeding pending in the Southern District of New York. Securities Investor Protection Corp. v. Lehman Bros, Inc. 433 B.R. 127 (S.D.N.Y. 2010).

Represented mineral company in class and derivative actions in Idaho federal court. Case settled on favorable terms.

Represented outside directors of Northwest technology company in companion derivative cases pending in the Western District of Washington and King County Superior Court. Case settled on favorable terms.

Represent publicly traded renewable energy company in Riverside Superior Court in ’33 Act case asserting material omissions in disclosures related to initial public offering.

Represented entrepreneur before the U.S. Court of Appeals for the Ninth Circuit, obtaining dismissal of securities fraud claim. 748 F. App’x 732 (9th Cir. 2018).

Represented a large broker dealer before Washington Department of Financial Institutions regarding a disputed settlement agreement.

Represented interests of co-founder in technology company derivative litigation pending in King County Superior Court. Case settled on favorable terms.

Represented Pacific Northwest mining company in defending ’34 Act and state fiduciary claims in federal and state courts seeking to enjoin acquisition. Injunctive relief defeated in state case and federal case summarily dismissed. Case No. 2:16-CV-00256-SMJ, 2016 WL 4611573 (E.D. Wash. Sept. 2, 2016).

Represented individual/fund in defense of $10 million lawsuit seeking compensation for alleged investment advice. Case summarily dismissed. Case No. 4:15-CV-40082-TSH, 2015 WL 5822629 (D. Mass. Oct. 1 2015).

Represented Liquidating Trustee for the Meridian real estate funds in resolution of a $220 million fraudulent scheme, the largest fraud of its kind in the Pacific Northwest. In Re: Consolidated Meridian Funds et al, 487 B.R. 263 (W.D. Wash. 2013).

Represented Texas-based security and technology company in dissenters’ rights litigation in King County. Case settled on favorable terms.

Representation of numerous institutional investors that were victims of the Madoff fraud scheme in Trustee adversary proceedings for the bankruptcy estate of Bernard L. Madoff Investment Securities.

Represented Northwest-based timeshare company in shareholder derivative litigation pending in federal court in the Northern District of California.

Represented an Idaho-based mining company with respect to Securities & Exchange Commission investigation.

Represented a large Seattle-based technology company with respect to Securities & Exchange Commission insider trading investigation pertaining to acquisition.

Represented several financial institutions/advisors before the Washington Department of Financial Institutions.

Represented a large Northwest-based technology company in defamation case in the federal District Court for the District of Columbia. Obtained summary dismissal of case.

Return to top of page

Email Disclaimer

We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.

Accept Cancel