Practice Areas

Representative Matters

Tyler tried and won a complex case between co-founders of a tech firm involving fiduciary duty and employment disputes. The trial victory prevented the opposing party from ousting his co-owner and forcing a buy-out of his shares.

Tyler represented a venture capital firm and early-stage telecom company prosecuting claims against former officers and directors for breach of fiduciary duty and fraud. Following a two-week arbitration, the arbitrator found in favor of the company and awarded joint and several damages against the former officers and directors. 

Tyler defended an Internet company against securities fraud and breach of contract claims brought by the former majority shareholder of an acquired company. After extensive discovery and motion practice, the claims were settled on a favorable basis at mediation shortly before trial.

Represented majority shareholder in breach of fiduciary duty claims based on the discovery of extensive self-dealing and corporate waste by the founding (selling) officers and directors of the company. After a two-week arbitration, we prevailed on fiduciary duty claims and reached settlements that included return of cash and shares to our client.

Represented co-founder and shareholder in a lawsuit arising from the attempted ouster from a closely held company. After a four-day trial, we obtained a ruling reversing the purported termination of the client’s employment and affirming the authority of the Board of Directors in management of the Company’s affairs.

Represented a 50% owner of a Seattle-area media and advertising firm in negotiations with a fellow 50% shareholder regarding management and corporate governance disputes. 

We have experience representing issuers, officers, and directors in securities litigation and derivative lawsuits. Most recently, Tyler obtained a trial court’s ruling that stayed plaintiff’s derivative claims pending the outcome of an internal investigation. In response, plaintiff voluntarily dismissed the lawsuit.

Represented company in a breach of fiduciary duty case involving claims arising from self-dealing by a 49%-unit holder in connection with the client’s supplier in Asia.

Represented a minority shareholder in negotiations relating to the majority shareholders’ efforts to terminate the minority shareholder’s employment at a biotech firm. Negotiated business separation and compensation for the client without filing suit.

Represented an officer and minority shareholder in negotiations relating to the majority shareholder’s competing business and recapitalization event.

Represented individual officer and director defendants in an alleged breach of fiduciary duty case arising from allegations regarding the company’s assets and business practices in China.

Represented individual in connection with state and federal investigations regarding allegedly problematic practices at a health care provider.

Represented majority shareholder of franchise in litigation brought by minority shareholder and key employee in breach of fiduciary duty dispute.  Parties settled their dispute after Tyler and Ariel obtained expert report accurately valuing shares and crafted summary judgment arguments that could have resulted in dismissal of several claims.

Representative Investigations

Advised committee of the board of directors in connection with potential conflict of interest transactions involving affiliate companies controlled by officers of the client.

Advised the audit committee of a publicly traded company in connection with revenue recognition issues and restatement of quarterly financials arising from software licensing activities at the client’s Asia sales office. Presented investigation results to the SEC.

Represented an Internet business in connection with a Federal Trade Commission (FTC) inquiry into data collection, sales, and handling, including proceedings in Washington, D.C.

Represented an Internet company in connection with a state attorneys’ general investigation of Internet marketing practices.

Represented a consumer reporting agency in response to a Federal Trade Commission Civil Investigative Demand regarding data collection practices and compliance with the Fair Credit Reporting Act.

Represented a website operator in connection with a Federal Trade Commission enforcement action out of the Commission’s San Francisco office.

Represented a technology company in the investigation of potential unauthorized access to medical records.

Represented a medical provider in an investigation of unauthorized access to medical records.

Represented a technology company in the investigation and remediation of a data breach.

Represented potential divesture buyer before the Federal Trade Commission in antitrust merger investigation, including responding to Civil Investigative Demand, defending multiple depositions of board members, and presenting strategic growth and financing plans in support of purchase.