ADR Profile – Phil Cutler PDF version
Law Practice History Experience since 1973 in complex commercial and business dispute resolution, including litigation, mediation and arbitration, appeals. 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.
Dispute Resolution 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 500 mediations or arbitrations privately or as member of: American Arbitration Assn National Commercial Panel and Large Complex Case Panel, Northwest Mediator Panel; NASD/FINRA 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). Numerous bench trials as King County Superior Court judge pro tem (mid-1990s). Special master assignments for King Co. Superior Court (discovery), San Francisco Co. Superior Court (administration of class action settlement). 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.
Bar Admissions Washington State Bar Assn; U.S. District Court, Western and Eastern Districts of Washington; 9th Circuit Court of Appeals; U.S. Supreme Court.
Professional Associations Fellow, College of Commercial Arbitrators (www.thecca.net); ADR Roundtable (www.adrroundtable.com); WSBA, ABA and KCBA; Federal Bar Assn/Western District of Washington; ABA Sections on Litigation and Dispute Resolution; WSBA Sections on Antitrust/Business Torts; Litigation; Dispute Resolution; KCBA ADR Section.
Peer Recognition ADR All Star (WSBA DR Section); Super Lawyer (Washington Law & Politics); AV rating (Martindale-Hubbell Law Directory).
Compensation Special Master assignments and private and AAA-administered mediations, negotiations and arbitrations: $400/hr, including study and preparation, plus costs and expenses. FINRA-administered arbitrations: per FINRA rules. King Co. Superior Court MAR arbitrations: court-paid (pre-hearing and first day); $400/hr (each succeeding day). Per diem and fixed fee options available.
Further Information/Scheduling Contact Mr. Cutler’s assistant Amylyn Riedling
AVAILABLE FOR:
- Mediation of commercial and business disputes – pre-filing, in litigation or in arbitration – privately, through AAA or under Western District Local Rule 39.1
- Deal mediation
- Facilitation/mediation of business disputes between shareholders, partners, LLC members, family members
- Early neutral evaluation
- Pro tem and private judge assignments, referee assignments under RCW Chapter 4.48
- Arbitration of commercial and business disputes – privately and through AAA, FINRA and King County MAR Department Mock and summary trials and arbitrations
- Special master assignments regarding discovery or administration of class action settlements
REPRESENTATIVE ARBITRATIONS, MEDIATIONS & SPECIAL MASTER ASSIGNMENTS:
Representative Arbitrations Six-, 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).
Representative Special Master Assignments Weyerhaeuser Hardboard Siding Class Action Settlement (San Francisco Superior Court, 2000-2010); Kirlan Venture Capital v. Regis (King Co. Superior Court, Judge Suzanne Barnett, 2001 (discovery master)).
Representative Mediations and Negotiations Five- to 8-figure disputes involving unfair business practices, commercial leasing, contracts, construction (residential and commercial), corporate, partnership and LLC reorganization and dissolution, business strategic alliances, distributor termination, employment termination and discrimination, professional fees (legal, architecture), fishing rights, patents, copyrights and trademarks, labor/collective bargaining, real estate, securities (customer/broker and broker-dealer/broker-dealer), and software counterfeiting/piracy.