Jim Fowler is primarily a commercial litigator who, throughout his career, has intentionally sought to engage in a diverse range of industries and legal matters. He has successfully litigated numerous breach of contract, UCC, trademark, trade secret, real estate, construction, regulatory and tort claims, and also tried a number of criminal felony cases as a special prosecutor with the King County Prosecutor’s Office. In addition to trials, he has litigated several dozen injunctions and numerous state and federal appeals.
Outside of litigation, Jim has been asked by clients to negotiate collective bargaining agreements and also acted as both a mediator and arbitrator for third parties. Jim enjoys the challenges of learning new industries and legal issues, and as a result of his broad experience, now spends a significant portion of his time counseling companies to avoid litigation.
Jim practiced at Graham & Dunn from 1987 to 2002 and is pleased to rejoin the firm.
Business Litigation Plus
Obtained $4.4 million dollar judgment in a bench trial for a commercial fraud perpetrated in series of transactions in the United States, Hong Kong, and China. The trial judgment included a court finding to pierce the corporate veil and impose personal liability on the defendant corporate principal. In addition, he obtained $80,000 of sanctions for pretrial discovery abuse, including $25,000 of sanctions against opposing counsel.
Represented a former employee in suit to recover the value of stock that the employer contended had been forfeited. After week long jury trial, obtained $700,000 judgment, representing full value of the options plus attorney’s fees.
Replaced trial counsel for a commercial tenant after the tenant suffered complete loss at the trial court level. Appealed on three grounds. The Court of Appeals reversed and entered findings in tenant’s favor on two grounds, remanded for a new trial on third ground, and awarded tenant its attorney’s fees and costs for the appeal. Reported at 62 Wn. App. 593, 815 P.2d 284 (1991).
Defended oil company against contribution claim in excess of $1 million as a result of adverse judgment in a personal injury suit. Obtained summary judgment dismissing all claims and granting sanctions against plaintiff’s counsel at trial court level. Upheld summary judgment on appeal before the 9th Circuit.
Obtained summary judgment at trial court level against attorney for breach of commercial lease. Upheld summary judgment and recovered attorney’s fees on appeal.
Successfully vacated TRO against construction project in residential neighborhood based on adverse possession claim.
Represented parties in at least five disputes regarding sales of goods under Article 2 of the Uniform Commercial Code, including several involving Article 2-207.
Represented manufacturer of airplane interiors in multimillion dollar dispute over construction of Boeing Business Jet.
Obtained seven-figure settlement for E. coli victim against owners of Jack In the Box hamburger chain.
Intellectual Property Litigation/Noncompetition Agreements Plus
Defended two high producing insurance brokers in a two week noncompete trial. Successfully opposed motion for preliminary injunction and appeal thereof, obtained summary judgment dismissing trade secrets claims, and after two week trial, limited the plaintiff’s damages to less than one-third the amount offered in settlement.
Participated in the representation of trading card manufacturer in separate suits against the National Football League and Major League Baseball. In both cases, the leagues refused to grant the manufacturer licenses to use league trademarks to produce sports trading cards. Both suits settled after the leagues granted the licenses initially sought by the manufacturer.
Obtained temporary restraining order, preliminary and permanent injunctions enforcing noncompetition clause against former salesman in possession of confidential information regarding client’s customers. Also recovered significant portion of client’s attorneys’ fees.
Obtained temporary restraining order and preliminary injunction enforcing nonsolicitation clause against former sales manager in possession of confidential information regarding client’s customers.
Obtained temporary restraining order and preliminary injunction enforcing noncompetition agreement against former engineering employee.
Defeated numerous unrelated claims by brokerage firms seeking injunctive relief to enforce noncompetition agreements in the insurance brokerage industry.
- King County Bar Association, member
- Washington State Bar Association, member