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Contact Brian

2801 Alaskan Way, Suite 300
Seattle, WA 98121
T: 206.622.8484

Brian W. Esler

Partner

Brian W. Esler leads Miller Nash Graham & Dunn's Washington State commercial litigation team. He was recently recognized as one of the Top 100 Attorneys in Washington State by Super Lawyers magazine. His practice emphasizes intellectual property advice and litigation, construction litigation, defense of financial institutions, and appellate advocacy. Before beginning practice, Brian served as a judicial law clerk for Chief Justice Barbara Durham of the Washington State Supreme Court.

Representative Experience

Represented executive in a high-profile lawsuit brought by former employer, asserting claims that our client misappropriated trade secrets, violated fiduciary duties, and breached contractual obligations. The case included a six-day evidentiary hearing of the former employer's motion for terminating sanctions based on allegations that our client had knowingly destroyed relevant evidence. The court rejected the allegations, finding that our client was a credible witness who did not violate a duty to preserve evidence, did not act in bad faith, and did not engage in conduct that prejudiced the former employer. As trial approached, the court granted a number of summary judgment and evidentiary motions that significantly limited the scope and value of plaintiffs’ claims. On what would have been the first day of trial, the parties were able to reach an amicable resolution that terminated the case.
Involved patent claims against the United States involving light-emitting diode technology.
Involved false advertising claims. 
Involved trademark-infringement claims, including obtaining insurance coverage for defense.
Obtained partial summary judgment and entry of permanent injunction in this Lanham Act false advertising case.