Thomas J. Brewer
The Millennium Building, Suite 1150
719 Second Avenue
Seattle, WA 98104
(206) 623-5321
(206) 623-5670 (fax)
Email: tjbrewer@tjbrewer.com
Attorney; practice limited to providing arbitration,
mediation, early neutral evaluation, private case or issue
assessment, special master and other ADR services.
Twenty-five years of experience as a trial lawyer representing and counseling clients in business and commercial cases. The cases mainly involved breach-of-contract, business torts, commercial transactions, professional liability, antitrust, unfair competition, real estate, shareholder and partnership disputes, environmental and securities-related matters. Substantial experience representing clients as litigation counsel in state and federal courts, in arbitration and mediation proceedings, and in class actions and complex, multi-party cases.
Eighteen years of experience serving as an arbitrator and mediator in commercial cases. Served as a sole or panelist arbitrator in over 400 cases, involving a wide variety of parties and issues. Also served as a mediator in hundreds of business disputes. The cases have ranged in size and complexity from eight- and nine-figure commercial contract, intellectual property, telecommunications, energy and international contract and licensing disputes to other cases involving breach of contract, unfair competition, construction, business purchase and sale, copyright, trademark and patent, international sales, health insurance, biotech, software and other technology disputes, partnership and shareholder, commercial leasing and real estate, employment, insurance coverage, franchise, valuation, distribution, and many other types of disputes. Frequent service as chair of three-arbitrator panels.
Member of the American Arbitration Association's National Panel of Commercial Arbitrators since 1985. Also a member of the AAA's International Panel, National Roster of Construction Industry Neutrals, Large Complex Case Panel, eCommerce Panel, and Mediation Panel. Fellow, College of Commercial Arbitrators. Fellow, Chartered Institute of Arbitrators, North American Branch. Member, ADR Roundtable, Seattle. Approved Mediator/Arbitrator, U.S. District Court, Western District of Washington. Member, NASD Board of Arbitrators and National Roster of Mediators.
Examples of pending arbitration cases include service as the neutral arbitrator in an eight-figure international arbitration involving a dispute over the pricing term in a long-term chemical supply contract; service as a neutral panelist arbitrator in a nine-figure international arbitration involving alleged breaches of a licensing agreement covering certain microprocessor technology; service as the neutral arbitrator in a telecommunications dispute involving claims that collection of tariffed SS7 messaging charges violates the parties' interconnection agreements in a number of states; service as a neutral panelist in an international arbitration between a U.S. corporation and a Chinese joint-venture partner; service as panel chair in a dispute between two wireless telecommunications companies arising out of an acquisition; and service as a neutral panelist in an eight-figure arbitration relating to construction and management of a casino.
Previously concluded cases include an arbitration of eight-figure claims and seven-figure counterclaims arising out of a U.S. manufacturer's decision to terminate its exclusive Canadian distributor; a dispute between a high-tech multinational company headquartered in India and the former CEO of one of its subsidiaries; a nine-figure international energy arbitration involving alleged breaches of a long-term power purchase and sale agreement; an eight-figure high-low arbitration (conducted pursuant to the terms of a settlement agreement) of the damages claims in two class actions brought against a large health insurance company; a dispute involving the U.S. Olympic Committee and the national governing body of an Olympic sport; an eight-figure dispute concerning alleged breaches of an international licensing agreement in the sports apparel and athletic footwear industry; service as panel chair in an eight-figure dispute involving securities and tort claims between an Indian tribe and its former investment advisory firm; a telecommunications industry dispute involving eight-figure claims and nine-figure counterclaims; a dispute between an affiliate of the Chinese government and U.S. parties related to a timber and real estate project; a software industry dispute involving alleged breaches of an asset purchase agreement; an expedited arbitration (clause required award within thirty days of demand) of a commercial leasing dispute; a commercial real estate dispute relating to acquisition of a nursing home; a franchise termination dispute; a two-week construction and breach-of-privacy arbitration involving entertainment industry personalities; several insurance coverage disputes; a dispute relating to a business purchase and sale and unit buy-back agreements; an operating dispute between members of an LLC; a dispute between securities brokerage firms involving trade secret claims and alleged breaches of the federal Computer Fraud and Abuse Act; several telecommunications cases relating to the terms and operation of interconnection agreements; valuation disputes; a dispute involving breach-of-contract and securities claims between parties in the commercial radio industry; a contract dispute between an Italian manufacturer and the former CEO of its US subsidiary; a dispute between a class 1 railroad and a short line; a breach-of-contract and securities dispute relating to acquisition of a group medical practice; a dispute over ownership of certain patents; approximately four hundred other cases, of varying size and complexity, involving a wide range of issues. International arbitrations and mediations have included British, Canadian, Chinese, French, German, Italian, Indian, Japanese, Mexican and U.S. parties.
Mediation experience has included numerous breach-of-contract and business tort disputes between parties in various industries; disputes arising out of the purchase and sale of businesses; intellectual property and patent disputes; energy cases; construction and government contracting disputes; copyright, trademark infringement and dilution disputes; reorganization and debtor-creditor disputes; trade secret and unfair competition disputes in high technology and other industries; law firm dissolution and legal malpractice claims; disputes involving family members, family-owned businesses, and estates; real estate-related disputes; franchise disputes; securities cases; and disputes relating to enforcement of employee non-competition and confidentiality covenants.
Some specific examples include an eight-figure dispute between a seller and purchaser of allegedly defective SRAM memory modules; a dispute between a wholesale supplier of electricity and one of its customers involving alleged breaches of a power purchase and sale agreement; a legal malpractice action arising out of a law firm's alleged failure to maintain patent protection on a high-technology product in Japan; a federal court action involving allegations of unlawful short-swing trading; a dispute between a nationwide entertainment retailer and a designer of networked digital media devices involving alleged breaches of a purchase and non-disclosure agreement, trade secret and tort claims; a dispute between U.S. and Taiwanese parties relating to a military procurement contract; a contract dispute related to alleged breaches of a long-term contract for the sale of certain diagnostic testing kits and associated laboratory facilities; a patent and antitrust dispute involving parties involved in manufacturing medical diagnostics equipment; a class action suit brought against a Washington county and several school districts for alleged unlawful imposition of development impact fees; a dispute between German and U.S. parties arising out of the sale of a pulp and paper mill; a dispute between a German manufacturer of designer clothing and two prominent Northwest retailers involving Robinson-Patman Act, breach-of-contract, and business tort allegations; a dispute between Japanese and Canadian parties involving patent, antitrust and reverse-engineering allegations; a dispute between a golf course developer and a national golf tour; a misrepresentation and securities dispute relating to the failure of a grocery store acquisition; a dispute between a landowner and several units of state and local government arising out of a flood; and a dispute over a utility's electric and gas charges to a large industrial customer.
Currently serving as a court-appointed special master for discovery matters in a federal court patent litigation (Whatley v. Nike, Inc., No. CV98-063-MO, U.S.D.C., Or.) and as a "verification expert" engaged by class counsel and a class action defendant to verify and report to the respective courts concerning the defendant's performance of certain class action settlement obligations in West, et al. v. Group Health Cooperative of Puget Sound, et al., No. C01-716P, U.S.D.C., W.D. Wa. and Stone v. Group Health Group Health Cooperative of Puget Sound, et al., King County Sup. Ct. No. 01-2-14261-5 SEA. Recently served as a court-appointed discovery master in Amazon.com Commerce Services, Inc. v. Expedia, Inc. (King County Sup. Ct. No. 02-2-25747-0SEA), a breach of contract and antitrust action.
Dartmouth College (B.A., Government, magna cum laude, 1968); Oxford University (B.A., Jurisprudence, First Class Honours, Rhodes Scholar, 1973); Harvard Law School (J.D., magna cum laude, law review, 1975).
Self-employed arbitrator and mediator, November 2000-present; Partner, Wickwire Greene Crosby Brewer & Seward, Seattle, 1994-October 2000; Partner, Heller Ehrman White & McAuliffe, Seattle (following merger of Wickwire and Heller Ehrman firms in 1988), 1988-1994; Chair, Heller Ehrman Litigation Department, Northwest offices: Seattle, Tacoma, Portland and Anchorage, 1988-1994; Partner, 1981-1988 and Associate, 1978-1981, Wickwire Goldmark and Schorr, Seattle; Associate, Heller Ehrman White & McAuliffe, San Francisco, 1975-1978.
AAA International Panel Arbitrator Training, New York, 04/03; ABA Section of Dispute Resolution,
Fifth Annual Conference, San Antonio, 04/03; ICC International Dispute Resolution: Insights into Practice and Procedure, Phoenix, 02/03; AAA National Neutrals' Conference, Scottsdale, 01/03; AAA Commercial Arbitrator II Training, Seattle, 4/02; AAA Mediator Conference, New Orleans, 3/01; NASD Chairperson Training, San Francisco, 2/01; AAA Construction Arbitrator Training, San Francisco, 10/00; AAA Commercial Arbitrator Training, Seattle, 12/99; AAA Large Complex Case and Panel Chair Workshop, Scottsdale, 10/99; AAA National Neutrals' Retreat - Mediation Training, Orlando, 10/98; Chartered Institute of Arbitrators, Special Fellowship Program, Toronto, 4/98; AAA/Chartered Institute of Arbitrators International Arbitration Training Seminar, Charleston, 4/97; numerous other ADR trainings.
Admitted to the Bar: California, 1975 (inactive); Washington, 1978; 9th Circuit Court of Appeals, 1978; U.S. Supreme Court, 1979; and numerous U.S. District Courts.
Member, International Bar Association (Arbitration and ADR Committee). Member, American Bar Association (Litigation and ADR Sections). Member, Washington State Bar Association (Litigation and ADR Sections). Member, King County Bar Association (ADR Section). Member, Federal Bar Association of the Western District of Washington (ADR Committee).
"US Courts Split Over Arbitration Clauses Providing for Expanded Judicial Review of Arbitral Awards - Without
Discussing the Implications for International Arbitration," MEALEY'S INTERNATIONAL ARBITRATION REPORT, vol. 18, iss. 11, p. 15, November 2003; Program chair and speaker, Litigation and Arbitration of International Disputes: Selected Topics, Federal Bar Association Seminar,
Seattle, 05/03; speaker, Issues Relating to International Enforceability of Arbitral Awards, Washington State
Bar Association seminar, Seattle, 05/03; speaker, Ethics Issues In Mediation, Federal Bar Association Seminar,
Seattle, 02/03; co-author, "ADR Drafting Tips," DISPUTE RESOLUTION, Spring 2002; speaker, Managing Discovery and Evidence in Arbitration -
Domestic and International Perspectives, ABA Section of Dispute Resolution, Fourth Annual Conference, Seattle, 04/02; program chair, Life After Liability: Proving and
Defending the Rest of the Case, Federal Bar Association Seminar, Seattle, 12/01; speaker, Washington State Bar Association Seventh Annual Litigation Institute,
Seattle, 04/01; co-author, Combining Mediation and Arbitration, 54 DISPUTE RESOLUTION JOURNAL, no. 4, p. 32, November 1999; The Arbitrability of Antitrust Disputes: Freedom to Contract for an Alternative Forum, 66 ANTITRUST L.J. 91 (1997).
