hero-find-an-arbitrator

Phone: (206) 340-4600

1191 Second Ave. Ste. 1800

Seattle, WA 98101

Philip Cutler

Profession:

Commercial and Business Dispute Resolution: Trial lawyer and counselor, Mediator, Arbitrator, Special Master

Current Employer:

Cutler Nylander & Hayton P.S.

Areas of Expertise:

✔ Agricultural ✔ Antitrust
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Executive Compensation
✔ Franchise ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Licensing ✔ Partnerships
✔ Professional Fees ✔ Shareholder Disputes
✔ Trade Secrets and Confidentiality Disputes

Experience:

Over 30 years experience serving as arbitrator, mediator, judge pro tem, and special master in several hundred business and commercial disputes involving domestic and international public and private parties in areas such as agriculture, agricultural cooperatives and regulated commodities; class action settlements; communications; construction; consumer protection; contracts; licensing and intellectual property protection and enforcement (copyrights, trademarks, patents and trade secrets); corporate affairs and governance; discovery under federal and state rules; franchising and distributor termination; Indian tribes and sovereign immunity; international law; securities; Olympic sports; and UCC sales and warranty. Frequent service as chair or member of 3-arbitrator panels. Amounts in controversy have ranged from mid-5- figures to 9-figures.

Work History:

Since 1973 law practice has emphasized business and commercial problem-solving and dispute resolution through trial, appeal, mediation and arbitration in areas of antitrust/business torts; franchising and product distribution; internal and external business and corporate disputes; e-commerce domain name disputes; employment discrimination and termination; government relations; intellectual property (licensing and enforcement of copyrights, trademarks, trade secrets); insurance; UCC negotiable instruments, sales and warranty disputes; financial institutions (mortgage brokers and lenders); and securities (customer/broker and broker-dealer/broker-dealer). Since 2012 has focused on work as neutral mediator and arbitrator and ADR consultant. Present and previous law firm affiliations:

1990-present: Cutler Nylander & Hayton PS, Seattle WA (and predecessor firms – Cutler & Nylander, Talmadge and Cutler, Talmadge Cutler & Friedman)
1986-89: Karr Tuttle Campbell, Seattle WA (merger with Sax and MacIver)
1979-85: Sax and MacIver, Seattle WA
1973-79: Perkins Coie, Seattle WA

Cases:

Movie Gallery Inc. v. Greenshields, 648 F.Supp.2nd 1252 (M.D. Ala. 2009) Washington Water Jet Workers Assn v. Yarbrough, 148 Wn.2d 403, 61 P.3d 309 (2003), reconsidered and reversed, 151 Wn.2d 470, 90 P.3d 42 (2005)
Author, amicus brief on behalf of JAMS, Boyd v. Davis, 127 Wn.2d 256, 897 P.2d 1239 (1995); position advanced adopted by concurring opinion of Justice Utter, 127 Wn.2d at 266
Citizens Alliance v. City of Auburn, 126 Wn.2d 356, 864 P.2d 1300 (1995)
Washington State Hop Producers v. Goshie Farms, 112 Wn.2d 694, 773 P.2d 70 (1989)
Boeing Co. v. Sierracin Corp., 108 Wn.2d 38, 738 P.2d 665 (1987)
Bar-T Ranch Dairy v. Consolidated Dairy Products, 97 Wn.2d 167, 642 P.2d 1240 (1982)
Golob & Sons v. Schaake Packing Co., 93 Wn.2d 257, 609 P.2d 444 (1980)

Training:

Facilitator, AAA Core Fundamentals for New AAA Arbitrators, Seattle, March 2017; Facilitator and Materials Co-Author, AAA ACE-8 (Principled Deliberations), Seattle, September 2014; Facilitator, AAA ACE-9 (Conducting Research & Investigations), Seattle, September 2014; AAA Arbitrator Updates/ACE 2001-2010; College of Commercial Arbitrators annual meetings, Chicago (2006), San Francisco (2008), Laguna Niguel (2010); ABA DR Section Conferences, Seattle (2002), San Antonio (2003), Los Angeles (2005), Atlanta (2006), Washington DC (2007), Seattle (2008), Denver (2011), Washington D.C. (2012), Chicago (2013), Miami (2014); Northwest ADR Conferences, Seattle (1994-2017); AAA Neutrals Conferences – Orlando (October 1998), Palm Springs (March 2005), Philadelphia (September 2005), Orlando (November 2010); AAA Commercial Arbitrator II Training, Seattle (March 2001); AAA Commercial Arbitration Train the Trainer course (Arb I), Denver (August 1998); NASD Arbitrator Chairperson Training, Seattle (1998); NASD Basic Arbitrator Training, Seattle (1996); AAA Basic Arbitrator Training, Seattle (1992).

License:

Washington State Bar Association (all Washington courts), 1973
United States District Court for the Western (1973) and Eastern (1979) Districts of Washington
U.S. District Court, Northern District of California (1985)
U.S. District Court, Middle District of Alabama, 2007 U.S. District Court, Eastern District of Pennsylvania, 2011 United States Court of Appeals for the Ninth Circuit (1991)
U.S. Court of Federal Claims (1976)
United States Supreme Court (2005)

Awards:

"AV Preeminent" rating, Martindale-Hubbell Law Directory
SuperLawyer, 1999-2017, Washington Law & Politics
ADR All-Star, WSBA DR Section, 1998-2002
Who's Who in America
Who's Who in American Law.

Panels:

American Arbitration Association, national roster of Commercial Arbitrators and Large Complex Case Panel
Bering Sea Fishery and Alaska Crab Processors Arbitration Organizations
King County Superior Court, Mandatory Arbitration Panel
FINRA Dispute Resolution, Public Arbitrator and Chairperson Panels
U.S. District Court, Western District of Washington, Rule 39.1 Arbitration and Mediation Panels.

Associations:

ADR Roundtable (by-invitation-only association of Seattle-area lawyers and law teachers active in arbitration and mediation)
American Arbitration Association
American Bar Association, Sections on Antitrust, Dispute Resolution (Membership Chair, 2003-present; Section Council, 2005-2008), Litigation
College of Commercial Arbitrators
Federal Bar Association/Western District of Washington, ADR Committee (Chair/Co-Chair, 1986-98)
King County Bar Association, Section on Dispute Resolution (Chair, 2002-2003)
FINRA Dispute Resolution
Ninth Circuit Court of Appeals, Standing Committee on ADR (1997-2010)
Washington State Bar Association, Sections on Antitrust and Unfair Business Practices, Dispute Resolution (Chair, 1998-99), Litigation

Education:

Georgetown University (Washington DC), College of Arts & Sciences, AB History (1970)
Northwestern University School of Law (Chicago IL), JD with honors (1973)

Publications:

Speaker/presenter at and/or materials author for numerous lawyer and/or neutral education programs on arbitration and mediation practice, procedure and skills training sponsored by the American Arbitration Association; American, King County and Washington State Bar Associations; Federal Bar Association/Western District of Washington; U.S. Department of Justice; and University of Washington. Also, guest lecturer on Negotiations, San Diego State University Executive MBA Program.

Author:

DISCOVERY IN ARBITRATION, King County Bar Bulletin, October 2016

Miscellaneous:

Special Master, In re Weyerhaeuser HBS Class Action Settlement (Williams v. Weyerhaeuser Co.), San Francisco Superior Court (2000-2011)
Citizen, United States of America
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