Phil’s practice emphasizes arbitration, mediation and other forms of dispute resolution, as well as litigation and counseling in business, corporate and commercial law; business-government relations; licensing, trade secret and intellectual property law; antitrust and trade regulation matters; and appellate practice. Phil serves frequently as mediator or arbitrator in commercial, business and securities cases privately and through ADR providers such as the American Arbitration Association (AAA) and the Financial Industry Regulatory Authority (FINRA).
Phil is admitted to practice in all Washington State courts (1973), the federal district courts for the Western (1973) and Eastern (1979) Districts of Washington, the Ninth Circuit Court of Appeals (1991) and the United States Supreme Court (2006). He has also been admitted pro hac vice in cases pending in the federal district courts for the Northern District of California and the Middle District of Alabama.
1990-present, Principal and President, Cutler Nylander & Hayton, Seattle, Washington; 1979-1989, Partner/Principal, Sax and MacIver/Karr Tuttle Campbell, Seattle, Washington (firms merged their practices in 1986); 1973-1979, Associate, Perkins Coie, Seattle, Washington.
Phil did his undergraduate work at Georgetown University (College of Arts & Sciences, A.B., History, 1970). He graduated with honors from Northwestern University School of Law (J.D., 1973), where he served as Editor-in-Chief of the Journal of Criminal Law and Criminology and published Note, The Evidentiary Value of Spectrographic Voice Identification, 63 J. Crim. L.C. & P.S. 343 (1972).
PUBLICATIONS AND SPEAKING
Author: “I am Your Arbitrator…,” (private, 2002-2010) (also available on AAA’s Neutrals Training website, www.adr.org); “Representing Clients in Mediation: A Mediator’s Perspective,” Dispute Resolution Magazine (ABA Dispute Resolution Section) (Spring 2003); “Who Owns the Expirations?” The Broker, 55/3:16 (July-August 1992); numerous publications in connection with continuing legal education programs sponsored by the American Bar Association, Federal Bar Association of the Western District of Washington, University of Washington Law School, King County Bar Association, and Washington State Bar Association.
Contributing author: ADR Deskbook, WSBA, 1998; Doing Business in Washington State (chapter on alternative dispute resolution), WSBA International Law Section, 1997 and supplements, 5th Ed. 2010, including Chinese language translation; Washington Pattern Jury Instructions – Misappropriation of Trade Secrets/Tortious Interference with Economic Relations, 6A Washington Practice, Washington Supreme Court Committee on Jury Instructions (West 1997 and supplements); Antitrust Evidence Handbook, ABA Section of Antitrust Law, 1991; Washington Antitrust Law Developments, WSBA Section of Antitrust Law, 1985; Washington Consumer Protection, Antitrust and Unfair Business Practices Law Developments (2nd), WSBA Section of Consumer Protection, Antitrust, and Unfair Business Practices, 1988 and 1993 Supp.
HONORS AND PEER RECOGNITION
Martindale-Hubbell AV rating; Super Lawyer, Washington Law & Politics, 1999-present; Seattle Met Magazine, 2010 Top Lawyers; ADR All Star, WSBA Dispute Resolution Section, 1998-2002; member of 9th Circuit ADR Committee, 1997-2010. Since 1997 Phil has chaired the ADR Roundtable (www.adrroundtable.com), a by-invitation-only association of Seattle lawyers and law teachers with an avid interest in mediation, arbitration and other forms of alternative dispute resolution.