David C. Spellman
Shareholder
spellmand@lanepowell.com
206.223.7392
Areas of Practice
David Spellman is a team leader, member and mentor. He focuses on facilitating continuous
improvement in interdisciplinary, legal and business planning, and problem-solving. David
is a skilled project manager with a Yellow Belt certification in Legal Lean Sigma® and Project
Management.
David counsels startups and mature businesses, involving intellectual property, organization,
financing, construction, employment, external relations, risk management and other topics. He
litigates, when unable to resolve disputes. David has successfully tried cases before judges, juries and
arbitrators. He has also argued successful appeals.
Professional Experience
David has been a lawyer with Lane Powell since graduating from law school.
Our team obtained a Temporary Restraining Order requiring a contractor to return confidential data after the termination of a contract (2015).
Our team is counseling start-ups in the intellectual property and cannabis spaces (2015-16).
Our team prevailed in three state and two federal court appeals (2014-15).
Our team resolved a right of publicity (personality rights) case brought by a former model against a producer of branded products in California (2015).
Our team resolved two class-action suits (2015-16).
Gig Harbor Family Trust v. Columbia Valuation Group, Inc., No. 13-2-04399-8 (King Cty. Super. Ct. 2014). Our team won a defense verdict in a securities/tort suit brought by 18 investors claiming an appraisal caused them to lose over a million dollars in a mortgage-paper security investment.
Enters. Int’l Inc. v. Int’l Knife & Saw, Inc., No. C12-5638 BHS, 2014 U.S. Dist. LEXIS 101375, Copy. L. Rep. (CCH) ¶ 30,641 (W.D. Wash. July 24, 2014), recons. denied, 2014 U.S. Dist. LEXIS 124221 (W.D. Wash. Sept. 4, 2014). Our team successfully moved for summary judgment dismissal of copyright, trade secret and preempted state law claims. The decision addresses previously untested issues regarding copyright protection for useful designs.
Our team defeated a defamation suit with a pre-answer dismissal motion under the anti-strategic lawsuits against public participation (anti-SLAPP) statute (2014).
Our team represented investors who received a prelitigation settlement of securities and professional negligence claims (2014).
Our team represented an inventor who received a prelitigation settlement of professional negligence claims involving a patent suit (2013).
Humphrey Indus., Ltd. v. Clay St. Assocs., LLC, 295 P.3d 231 (Wash. 2013). Our team won an appeal reversing a ruling on the effect of an prior supreme court decision.
Evergreen Safety Council v. RSA Network, Inc., 697 F.3d 1221 (9th Cir. 2012). Our team prevailed in an appeal affirming summary judgment dismissal of copyright infringement case.
Our team won a dismissal of a $26 million Financial Industry Regulatory Authority arbitration defending a broker-dealer and a financial advisor (2012).
“David’s incredibly skilled defense and education of the jury, … was a true masterpiece. … saved me millions of dollars, and was very, very effective.” Client statement about 2014 verdict for client.
“Seattle attorney David Spellman, ... pummeled school administrator during cross-examination ...
Spellman tried, in particular, to show that the teachings seen by Knight as appropriated by Weaver could easily be items of public domain.” Keri Brenner, “Attorney Grills JZ Knight about ex-
student,” The Seattle Times (September 10, 2008).
Admitted to Practice
David is admitted to law practice in Washington and before the federal courts in Eastern and
Western Washington, the federal court of claims, and the federal courts of appeals for the Ninth
Circuit and the District of Columbia.
Academics and Accreditations
David graduated with honors from Georgetown University Law Center in 1985 where he was an
editor of the American Criminal Law Review.
David graduated with honors from Seattle University.
David earned his Yellow Belt certification in Legal Lean Sigma® and Project Management.
Practice Group and Specialty Team Memberships
Antitrust and Trade Regulation
Appellate
Business Crisis Management and Emergency Remedies
Cannabis
Construction and Environmental
Financial Institutions
Food, Beverage and Hospitality
Foreign Corrupt Practices Act, Bribery and International Anti-Corruption
Government and Regulatory Relations
Intellectual Property and Technology
Litigation
Privacy and Data Security
Real Estate
Investigations and Regulatory Compliance
Securities Litigation
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Representative Matters and Clients
Intellectual Property and Technology
Defeating a preliminary injunction motion seeking to bar the transfer of patent rights and the
completion of a share purchase by an offshore company. Benson v. VSIM Patent Co., No.
12-01161 (E.D. Va. March 1, 2013).
Defeating two injunction motions brought by former employer against financial advisor with client
base of over $450 million. Edward D. Jones & Co. v. Mark Anderson, No. 12-2-34362 (King Cnty.
2012).
Defeating on summary judgment copyright infringement claims for traffic safety diagrams and text
and winning on appeal. Evergreen Safety Council v. RSA Network, Inc., 2011 U.S. Dist. LEXIS
64261 (W.D. Wash. June 17, 2011) aff’d 697 F.3d 1221, 104 U.S.P.Q.2D (BNA) 1380, Copy. L.
Rep. (CCH) ¶ 30,333 (9th Cir. 2012).
Resolving a $30 million claim against a multinational company over the development,
commercialization, and supply of a new line of health and functional food products.
Winning an arbitration award and judgment for copyright infringement for architectural works
against a leading manufacturer of homes.
Winning a jury verdict for willful infringement of trademark for a local manufacturer against a
national medical products distributor.
Winning a preliminary injunction for a local restaurant enjoining trademark infringement by a
national chain and resulting in the national chain changing its name.
Winning a preliminary injunction for a local sign company enjoining trademark infringement against
a national company.
Winning the vacation of a binding arbitration award against a software company.
Resolving claims against a celebrity speaker accused of unfair competition.
Resolving claims for a manufacturer against a national manufacturer and distributor of pet products
for breach of contract, false advertising and mislabeling.
Winning preliminary injunctions against companies enjoining use of trade secrets.
Prosecuting and defending suits involving claims for patent infringement, invalidity and
inventorship.
Defeating TRO and preliminary injunction motions.
Commercial and Contract Disputes
Shepler Constr., Inc. v. Leonard, 175 P.3d 239 (Wash. Ct. App. 2013) (reversing summary judgment dismissal of construction defect counterclaims and remanding case for trial).
Humphrey Indus., Ltd. v. Clay St. Assocs., LLC, 242 P.2d 846 (Wash. 2010) (holding the company
failed to comply with dissenters’ rights statute, remanding for a decision on whether dissenter is
entitled to recover fees, and reversing fee awards in favor of company and another member).
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Richards ex rel. Brown v. Wells Fargo Bank, N.A., 239 P.3d 602 (Wash. Ct. App. Aug. 23, 2010)
(affirming summary judgment dismissal and holding federal reverse mortgage program did not
provide an express or implied right of action against lender).
Seattle-Tacoma Int’l Taxi Ass’n v. Port of Seattle, 2010 WL 2283621 (Wash. Ct. App. June 7, 2010)
(affirming denial of preliminary injunction to prevent the signing of concession contract).
Davis v. Wells Fargo Home Mortg., 2007 WL 2039077 (Wash. Ct. App. July 17, 2007) (affirming
summary judgment dismissal of claims for emotional distress and negligence and holding the
economic loss rule applied).
A Fortune 500 company receiving in arbitration initial award permitting the sale of a text messaging
business unit and in court the denial of an injunction against the sale.
A venture capital investor sued by a bankruptcy trustee for recovery of debt and preferential
payments.
A whistleblower reporting science and securities fraud.
Parties in securities lawsuits and in proceedings brought by the Securities Exchange Commission.
A citizen group winning on appeal an order permitting an initiative to be placed on the ballot.
A timber company suing for the termination of a 100-year contract with the federal government,
resulting in the cancellation of the contract.
A local government defeating a general contractor’s claim on summary judgment.
A local government defeating a bid protest in the trial court and on appeal.
A contractor winning on appeal the reversal of an adverse decision involving a lien claim.
A transportation company defeating a competitor’s bid protest.
A subcontractor winning a monetary award against a general contractor.
A national engineering firm appealing a contracting officer’s decision.
Architectural and engineering firms sued by project owners.
An engine reseller suing a foreign manufacturer of engines under a distribution contract.
A bankrupt mining company seeking from its executives the return of assets transferred shortly before
the appointment of a receiver.
Lumber wholesalers prosecuting a racketeering suit against Canadian wholesalers, lumber graders,
and related individuals and companies, which had participated in the sale of millions of dollars
of misgraded lumber causing building inspectors to shut down projects in Western Washington for
several weeks in 1990.
(Because each case depends upon unique circumstances, these prior results are merely representative
and should not create an expectation about results in any individual case.)
David also has experience in constitutional, antitrust, price discrimination, and franchise law and
government investigations and regulatory proceedings on the state and national level.
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Publications
“Marijuana Labeling and Packaging and Marijuana Trademarks,” American Intellectual Property Law Association, Co-author (Spring 2016)
“Your Proposal May Be Accessible to Your Competitors: Safeguard Trade Secrets in Government Procurement,” Lane Powell Legal Update, Co-author (April 24, 2014)
“Design Professional Liens Attached When Nothing Is Built: Answering the Devil’s Advocate,” Washington State Bar Association’s Construction Law newsletter, Co-author (Spring 2014)
“Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster,” Issues and Answers magazine, Washington Bankers Association, Co-author (January/February 2014)
“Rule 52: Decisions, Findings and Conclusions,” 2 Washington Civil Procedure Deskbook at 52-1,
WSBA, Co-author (1992, 1997, 2002, 2006, 2014)
“Restraints of Trade,” Washington Consumer Protection, Antitrust and Unfair Business Practices Law
Developments (Second), WSBA Supplement, Co-author (1988, 1993, 2001 & 2007)
“Antitrust and Unfair Competition Issues Involving Intellectual Property,” Washington
Consumer Protection, Antitrust and Unfair Business Practices Law Developments (Second) at
295, WSBA, Co-author (2001)
“Competing for Talent and Protecting Business Value: Non-Compete Agreements and Trade Secret
Law in Washington,” Fifth Annual Intellectual Property Institute at 2-1, WSBA, Co-author (March 2000)
“Premature Post-mortem for the Implied Duty of Good Faith and Fair Dealing in Washington
Contract Law,” Antitrust, Consumer Protection and Unfair Business Practices No. 21 at 6-10,
Co-author (Summer 2002)
“1993 Supplement” to Washington Consumer Protection, Antitrust and Unfair Business Practices
Law Developments (Second), WSBA, Associate Editor (1993)
Speaking Engagements
David has taught classes on antitrust, price discrimination, trade secrets and other areas of the law including “Mis-LEED®ing Advertising and Marketing.”
“The Legal Practice of Marijuana,” University of Washington’s Marijuana Policy in Washington State: Moving Forward Seminar (June 14, 2016)
Awards and Honors
AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™
Listed as one of the “Top Intellectual Property Lawyers” by Seattle Metropolitan magazine
Professional and Community Activities
David is a member of national, state and local bar associations. He is a frequent author in bar publications. He donates his expertise and time to community organizations and campaigns.
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