Contact Philip S. McCune

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Alizabeth Rasmussen

Paralegal

315 Fifth Avenue S, Suite 1000
Seattle WA 98104
206.676.7000
slg@summitlaw.com

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Philip S. McCune

Environmental, Litigation

(206) 676-7038

philm@summitlaw.com

Profile Introduction

Phil is a firm founder. His work ranges from large,complex matters for Fortune 500 companies to significant cases for local corporations and individuals. Many of Phil's clients are involved in technology and/or early stage companies. Phil is known as both an aggressive litigator and an ethical opponent, who brings an imaginative approach to his cases.

Phil has been trial counsel for matters that include prominent business litigation, cutting-edge patent litigation, ground breaking national antitrust litigation, complicated construction litigation, and the successful defense of class action litigation, as well as trade secrets, products liability, and toxic tort cases. Phil is a mediator and also serves as an arbitrator.

Phil's peers rate him as a "Super Lawyer" and have repeatedly selected him as a "Top 100 Washington Super Lawyer." Phil is listed as a"Best Lawyer in America" (commercial litigation). Benchmark Litigation has listed Phil as a Washington State "Litigation Star"since its inception, and Phil is one of only 32 litigators named to that list in 2013. Martindale Hubble rates Phil as AV (preeminent) with a score of 5 out of 5 in litigation. Phil is well connected in the Northwest legal, civic, and venture capital communities.

After graduating with honors from Dartmouth College and Michigan Law School, Phil clerked for and was mentored by a renowned litigator serving on the Federal bench in Seattle. He then joined a prominent national firm, leading complex litigation including class actions, environmental and Superfund litigation. With leaders from Seattle's best firms, Phil founded Summit Law Group, and has helped to shape its national reputation among in-house counsel, C-level management, and high net worth individuals, as a top-tier litigation firm.

Representative Cases/Matters

  • Corporate fiduciary duty and control litigation, including: obtaining a voting trust on behalf of minority shareholders against the president and majority owner of a corporation controlling groundbreaking emission-reduction technology; representing a private military contractor in claims against a joint venture partner for misappropriating funds invested in the development of an encrypted mobile telephone; defending and prosecuting executive malfeasance claims; and, litigating oppression and fiduciary duty claims related to closely held companies.
  • Trade secret cases, including: obtaining summary judgment dismissing a billion-dollar patent and trade secret claim against an international corporation; obtaining, with a partner firm, a $19 million jury verdict for theft of trade secrets on behalf of clients who invented the pointing and scrolling computer mouse; and, litigating the theft of trade secrets from an industry-leading meat-processing equipment company.
  • Non-compete negotiations and litigation on behalf of individual executives and Fortune 500 companies.
  • Patent and contract litigation regarding Microsoft's challenge to the Android operating system (Motorola v. Microsoft); other contract and patent issues against Microsoft (Symantec v. Microsoft).
  • Class action defense, including: defense of a national text advertiser against claims by an alleged class of 40 million cellphone owners; and, defense of a national airline against class claims by flight attendants alleging unhealthy workplace conditions.
  • Mass tort and product liability defense, such as industrial food processing equipment injuries and crane injuries, and Hanford Nuclear Reservation over-pressurization and chemical plant explosion cases.
  • Groundbreaking national antitrust litigation (Caldera v. Microsoft).
  • Complex construction litigation (including a three-month trial regarding $110-million-plus cost overruns during construction of the world's largest radio telescope).

 

Publications & Speaking Engagements

  • "Managing Litigation as a Business: Aligning Value and Costs of Dispute / Litigation Services." The Association of Corporate Counsel, Washington Chapter, ACC Value Challenge Program.  Speaker/Faculty Member, 2013.
  • "Ethics and E-Discovery: Understanding the Responsibilities and Pitfalls of ESI," DLA Annual Meeting, 2012
  • "E-Discovery as Sword and Shield," Modern Discovery CLE, 2011
  • "Expert Witnesses and Ethics," Expert Testimony and Evidence CLE, 2009
  • "Federal Discovery Rules in Practice," Modern Discovery CLE: Achieving the Just, Speedy and Inexpensive Determination of Cases: Myth or Reality?, 2008
  • "The Power Line Health Controversy: Legal Problems and Proposals for Reform," University of Michigan Journal of Law Reform (1991)
  • "The Forest Practices Act," Environmental Law and Practice (Vols. 23 and 24, Washington Practice Series) (2007–2012)

Memberships

  • Fellow, Litigation Counsel of America
  • Secretary, Vice President, Executive Board, Seattle Repertory Theatre
  • Board of Directors, American Friends of SMUS
  • Board of Directors, Community Services for the Blind and Partially Sighted/SightConnection (emeritus)
  • Board of Directors, Friends of Independent Schools and Better Education (emeritus)
  • American Bar Association; Washington State Bar Association; Federal Bar Association (Western District of Washington); Seattle King County Bar Association

Honors

  • Fellow, Litigation Counsel of America
  • Listed in Marquis Who’s Who publications, including Who’s Who in American Law, Who’s Who in America, Who’s Who in American Business, and Who’s Who in the World
  • Named a “Super Lawyer” and rated a “Top 100 Washington Super Lawyer”
  • Previously a “Rising Star” (Top Lawyers under 40)
  • Washington State “Litigation Star,” one of 25–28 top ranked litigators by clients and peers (each year of publication), Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys
  • Named in The Best Lawyers in America for Commercial Litigation
  • Martindale-Hubbell (AV-rated, highest ranking, 5.0/5.0 for litigation)

Community Service

  • Executive Board, Vice President, Secretary, Seattle Repertory Theatre
  • Washington State Bar Association Pro Bono Community Service Commendation
  • Board of Directors, American Friends of SMUS
  • Board of Directors, Community Services for the Blind and Partially Sighted/SightConnection (emeritus)
  • Board of Directors, Friends of Independent Schools and Better Education (emeritus)
  • Campaign Steering Committee: Building Our Future: The Campaign for Seattle Prep; Seattle Preparatory School

Education

  • University of Michigan Law School (J.D., cum laude); national writing award-winning Senior Editor of University of Michigan Journal of Law Reform
  • Dartmouth College (B.A., history, magna cum laude)

Bar Admissions

  • Washington State
  • United States Supreme Court
  • Ninth Circuit Court of Appeals
  • Federal District Court, Western District of Washington
  • Federal District Court, Eastern District of Washington

Clerkships

  • Honorable John C. Coughenour, United States District Court, Western District of Washington