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PHILIP S. MCCUNE
Complex Litigation/Land Use
(206) 676-7000
V-Card 
Practice: Phil McCune is a firm founder. He litigates company-critical complex legal disputes of all types, in all forums.
Experience: Phil represents customers in negotiations, mediations, arbitrations, trials, and arguments before state and federal appeals courts.
Phil’s work includes business litigation, trade secret litigation, antitrust disputes, construction disputes involving complex structures, products liability, and toxic tort litigation. Phil represents large and small companies as their “go to” litigator in matters throughout the Northwest.
Phil also guides industrial land use projects, such as landfills, to fully permitted status, and handles litigation surrounding them.
Some representative matters include:
- Disputes over corporate investments and control, including securities, fiduciary duty, voting trust and other corporate disputes.
- Trade secret, intellectual property and noncompetition agreement litigation, including a $19 million jury award as counsel for the inventors of the pointing and scrolling mouse, for theft of their trade secrets.
- Construction litigation including the successful defense of claims brought against the owner of the world’s largest radio telescope, seeking reimbursement of more than $60 million in cost overruns.
- Defense of tort cases such as the Hanford Nuclear Reservation Downwinder Litigation, mass tort claims related to an over pressurization event at the Hanford Plutonium Refining Facility, and a chemical plant explosion. Phil obtained decertification of flight attendant class claims for secondhand smoke exposure on international flights and the first published ruling in Washington holding that medical monitoring is not a cause of action. Phil also litigates a variety of product liability issues.
- Litigation related to large software development projects for businesses.
- Large Microsoft antitrust litigation.
- Defense and prosecution of CERCLA and related environmental cleanup claims.
- Rule 39.1 Neutral, United States District Court, Western District of Washington; King County Superior Court arbitrator.
Memberships/Honors:
- Benchmark Litigation: The Definitive Guide to America’s Leading Firms and Attorneys—“Litigation Star.” One of Washington State's top 25 litigators: This list “reflects only those individuals who were recommended consistently as reputable and effective litigators by clients and peers.”
- Martindale-Hubbell: “AV” / "Preeminent"; rated 5.0 out of 5.0, litigation.
- Seattle Metropolitan Magazine—“Top Lawyers.”
- Super Lawyers Magazine—“Super Lawyer” (“Washington Top 100”); listed in “Top Attorneys in Business Litigation,” Corporate Counsel Edition; “Top Attorneys in Washington.”
- (Prior) Washington Law & Politics, “Rising Star,” top lawyers under 40.
- Listed in Marquis Who’s Who in American Law, Who’s Who in America, Who’s Who in American Business, Who’s Who in the World.
- Fellow, Litigation Counsel of America.
- Member of the American Bar Association, Washington State Bar Association, Federal Bar Association, King County Bar Association, and Dartmouth Lawyers Association.
Community Involvement:
- Executive Board Officer, Seattle Repertory Theatre; founder of “The Crew,” the Rep’s young professional affiliate group.
- Past Trustee: Community Services for the Blind and Partially Sighted; Friends of Independent Schools and Better Education; AFSMUS Foundation.
Education:
- Dartmouth College (B.A., magna cum laude, 1987), College Presidential Scholar.
- University of Michigan Law School (J.D., cum laude, 1991).
- Dean’s Commendation Public Service award.
- Senior Editor, Journal of Law Reform.
- Winner of the National Energy Law and Policy Institute’s National Writing Competition.
- Law Clerk for the Honorable John C. Coughenour, United States District Court for the Western District of Washington.
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