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Contact Brian

2801 Alaskan Way, Suite 300
Seattle, WA 98121
T: 206.624.8300

Brian W. Esler

Partner

Brian Esler leads Miller Nash Graham & Dunn’s Washington State commercial litigation team. He has been recognized as one of the Top 100 Attorneys in Washington State by Super Lawyers magazine for three years in a row, and as a “Washington Litigation Star” by Benchmark Litigation. His practice emphasizes complex business litigation, intellectual property advice and litigation, construction litigation, defense of financial institutions, and appellate advocacy. He has broad courtroom experience in a variety of venues, having litigated or tried cases in state courts, federal courts and tribal court. He is also an editor for the Business Torts Journal, published by the Business Torts and Unfair Competition subcommittee of the ABA Section of Litigation, and serves on the Washington State Bar Association’s Court Rules and Procedures committee.

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.