Business Litigation

Mr. Rising has represented clients in business disputes involving a wide variety of claims, including breach of contract, unfair business practices, violation of intellectual property rights, theft of trade secrets, release of hazardous waste and product liability.

Mr. Rising represented a large Korean company in a commercial dispute arising from an international joint venture. The matter was prosecuted through the International Chamber of Commerce Court of Arbitration, which awarded Mr. Rising's client $6.5 million.¹ In subsequent federal court litigation, Mr. Rising obtained for his client a $4.5 million judgment for fraud against the owner of the joint venture partner and $7.7 million judgments against two other companies.² In another federal court case, Mr. Rising defended boxing promoters from claims asserted by a Chinese company concerning promotion of the first professional boxing match held in China.³ Mr. Rising has also represented a Native Alaskan corporation in disputes arising out of the piracy of a vessel the company had chartered in Canada, and an American company in litigation with an Indian company concerning cast metal parts imported from India.

Mr. Rising represented a Northwest software company and its president in a computer trade secret and antitrust case against a major computer manufacturer.⁴ In another case, Mr. Rising defended three Northwest steel manufacturers in a multimillion-dollar hazardous waste case involving a Superfund site.⁵ Mr. Rising has also represented a Northwest seafood processor and a major petroleum products company in a number of Clean Water Act civil enforcement actions brought by the EPA and the Washington State Department of Ecology. Mr. Rising defended a former Hanford Nuclear Reservation contractor in three separate actions filed by a high profile Hanford "whistle blower."⁶ Mr. Rising's client was awarded judgments dismissing each of the lawsuits. Mr. Rising also defended the contractor in a $200 million product liability suit arising from the leak of a radiation source that contaminated a manufacturing plant in Georgia.⁷ The contractor had manufactured the radiation source using byproducts of plutonium production at Hanford. Mr. Rising's client was awarded a judgment dismissing the lawsuit at the start of the trial.

Mr. Rising represented more than 16,000 Washington residents in a class action lawsuit against an insurance company that attempted to terminate their health insurance coverage.⁸ Mr. Rising's clients were granted a preliminary injunction that prevented the out-of-state company from terminating their health insurance. The court then awarded Mr. Rising's clients a summary judgment, deciding that the attempted termination breached the insurer's contracts of insurance with the class members.

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1. Hyundai Wood Ind. Co., Ltd. v. Muscanto, Inc., International Chamber of Commerce No. 5289/RP/BGD.



2. Hyundai Wood Ind. Co., Ltd. v. Muscanto, Inc., et al., United States District Court, Western District of Washington No. C90-888R; American Resources, Inc. v. Muscanto Inc., et al., United States District Court, Western District of Washington No. C90-1299R.



3. Beijing Xinghua Ind. (Group), Inc. v. William Wheeler, et al., United States District Court, Western District of Washington No. C92-1506Z; Top Rank, Inc. v. Beijing Xinghua Ind. (Group), Inc., et al., United States District Court, Western District of Washington No. C92-1572Z.



4. Hewlett-Packard Company v. Robert S. Apgood and Strategic Systems, Inc., United States District Court, Northern District of California No. 5:89 cv20522.



5. Standard Equipment, Inc., et al. v. The Boeing Company, et al., United States District Court, Western District of Washington No. C-84-1129D.



6. Edwin L. Bricker and Cynthia Bricker v. Rockwell International Corporation, et al., United States District Court, Eastern District of Washington No. CV-90-3090-AAM, decision affirming judgment on appeal, 10 F.3d 598 (9th Cir. 1993); Edwin L. Bricker v. Rockwell International Corporation, et al., United States District Court, Eastern District of Washington No. CS-92-0126-WFN; Edwin L. Bricker and Cynthia Bricker v. Rockwell International Corporation, et al., Superior Court of Washington for Thurston County No. 92-2-00093-5.



7. Iotech, Inc. v. United States of America, et al., United States District Court, Eastern District of Washington No. CY-91-0154-AAM; Radiation Sterilizers, Inc. v. United States of America, et al.; United States District Court, Eastern District of Washington No. CY-91-0155-AAM.



8. Dwight Bowen, et al. v. Principal Mutual Life Insurance Company, et al., Superior Court of Washington for King County No. 95-2-27104-9.