| Contact Information |
Philip E. Cutler Cutler Nylander & Hayton PS 1191 Second Avenue, Suite 1650 Seattle, WA 98101 Telephone: 206-340-4600 Facsimile: 206-340-4646 Email: philcutler@cnhlaw.com Website: www.cnhlaw.com |
| Legal Employment | Cutler Nylander & Hayton (and predecessor firms, Cutler & Nylander and Talmadge and Cutler), 1990-present; Sax and MacIver/Karr Tuttle Campbell, 1979-89 (firms merged their practices in 1986); Perkins Coie, 1973-79. |
| Focus of Law Practice | Complex commercial and business dispute resolution, including litigation, mediation and arbitration. Substantial experience in business, corporate and commercial law; business-government relations; licensing, trade secret and intellectual property matters; product distribution, antitrust and franchising; employment termination and discrimination; securities. |
| Arbitration Experience | Experience since 1982 in dispute resolution in private and court-annexed ADR programs involving a wide variety of substantive law areas in business and commerce. Over 250 arbitrations as member of: American Arbitration Assn National Commercial Panel and Large Complex Case Panel; NASD/FINRA-Dispute Resolution Public Arbitrator Panel; King County Superior Court Mandatory Arbitration; U.S. District Court/Western District of Washington CR 39.1 Roster of Mediators/Arbitrators; AAA Prudential Policyholder Remediation Plan Appeals Committee (1998-1999); Louisiana-Pacific Inner-Seal Siding Class Action Settlement (U.S. District Court/District of Oregon, 1997-1998). Member of |
| Representative Arbitrations | Representative arbitrations include 6-, 7- and 8-figure customer/broker securities disputes; 7-figure employment termination dispute between senior executive and public-company employer; 8-figure breach of contract dispute between aircraft owner and VIP aircraft interior modifying company; 8-figure securities dispute between Indian tribe and financial advisors; 7-figure international franchise encroachment and wrongful termination dispute; 6- and 7-figure franchise disputes involving state-law franchise investment protection claims; 8-figure breach of contract dispute involving interior outfitting of business aircraft; 6-figure breach of contract dispute involving interior outfitting of yacht; 8- figure aircraft parts manufacturer/distributor dispute; 7-figure dispute over professional fees; 6-figure construction disputes (residential and commercial); 7-figure agricultural equipment breach of warranty dispute; athletes’ challenges of U.S. Olympic Committee rulings under Ted Stevens Olympics & Amateur Sports Act; 6-figure dispute between agricultural cooperative and joint venture partner over interpretation of commodity purchase contract and LLC agreement; 6- and 7-figure disputes involving the communications industry (wireless and broadcast media). Arbitrator for AERT/Weyerhaeuser Class Action Settlement (ChoiceDek decking product) (Seattle WA federal court, ongoing). Member of 2010 arbitration panel for Bering Sea and Alaska Crab Processors arbitration organizations. |
| Special Master/Judicial Experience | Numerous bench trials as King County Superior Court judge pro tem. Ad hoc Special Master assignments for King Co. Superior Court. Special Master for Weyerhaeuser Hardboard Siding Class Action Settlement (San Francisco Superior Court: 2000-2010). |
| Representative Special Master Assignments | Representative Special Master assignments include: Special Master for Weyerhaeuser HBS Class Action Settlement (Weyerhaeuser hardboard siding) (San Francisco Superior Court, 2000-2010); Kirlan Venture Capital v. Regis (King Co. Superior Court, Judge Suzanne Barnett, 2001 (discovery master)). |
| Arbitration Training | ABA DR Section Annual Spring Conferences (2002-2003 and 2005-2008); NW ADR Conferences (Seattle, 1994-2007 and 2009-2010); AAA Neutrals Conferences (1998, attendance; 2005, Faculty); AAA Commercial Arbitrator I (1998, Faculty) and II Training (2001); NASD/FINRA Arbitrator Chairperson Training (1998); NASD/FINRA Basic Arbitrator Training (1996); AAA Basic Arbitrator Training (September 1992); AAA Arbitrator Updates/ACE 2001-2007; periodic FINRA-sponsored arbitration updates; frequent presenter at arbitration/mediation CLEs sponsored by AAA, WSBA, ABA, Univ. Washington Law School; guest lecturer in negotiations at San Diego State University Executive MBA Program. |
| Professional Associations | Washington State Bar Assn (#5084), King County Bar Assn and American Bar Assn (all since 1973).
Federal Bar Assn/Western District of Washington (since 1982, trustee 1998-2000; chair/co-chair of ADR Committee 1986-1998). American Arbitration Assn (since 1992). NASD/FINRA-Dispute Resolution (since 1996). CPR Institute for Dispute Resolution (2003-2008). Admitted to the bar of the U.S. District Court, Western (1973) and Eastern (1979) Districts of Washington. ABA Sections on Litigation and Dispute Resolution; WSBA Sections on Antitrust/Business Torts; Litigation; Dispute Resolution (founder 1991 and chair 1998-99); KCBA ADR Section (founder 1997 and chair 2002-03). 9th Circuit ADR Committee (since 1997); ADR Roundtable (since 1997 . . . see www.adrroundtable.com). |
| Compensation | Special Master assignments and private and AAA-administered arbitrations: $375/hr, including study and preparation, plus costs and expenses. FINRA-administered arbitrations: per NASD/FINRA rules. King Co. Superior Court MAR arbitrations: court-paid (first day); $375/hr (each succeeding day).
Per diem and fixed fee options available. |
| Further Information | See www.cnhlaw.com or call/fax/e-mail Mr. Cutler’s assistant (Amylyn Riedling: amylyn@cnhlaw.com). |
Revised August 1, 2010