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Q&A With Lane Powell's Gwendolyn Payton
Law360, New York (October 12, 2010) -- Gwendolyn C. Payton is a shareholder in the Seattle
office of Lane Powell PC and chair of the firm's class action group. Payton focuses her practice
on complex commercial litigation, class actions, intellectual property, antitrust and trade
litigation. She has an active trial practice in state and federal courts, and regularly argues
appeals in state and federal court. She is a recognized speaker on a variety of issues and has
spoken internationally on e-commerce and other legal issues.
Q: What is the most challenging case you've worked on, and why?
A: MDL 1334 was a series of class action lawsuits brought by a purported class of all medical
providers in the nation against most of the nation's health insurers. The sheer size of the cases
made the work challenging. Class actions exist to make litigation more efficient, but there are
times now when they grow so enormous that they are unwieldy and inefficient.
Our challenge as lawyers is to add value with everything we do and not get into a situation
where it is “litigation for the sake of litigation.”
Q: What accomplishment as an attorney are you most proud of?
A: I am most proud of the relationships I have created. When a client calls up repeatedly for
assistance on its important matters, I know we are doing the right thing. I have worked with
most of the companies I serve for many, many years and that feels good. I want to create an
environment of total trust and integrity.
Q: What aspects of law in your practice area are in need of reform, and why?
A: Class actions are not a good tool to drive social policy — that is best left to our elected
officials. Sometimes when special interest groups can’t get legislation they want, they try to use
the courts to achieve the same results. This is a dangerous path.
Likewise, I often see largely frivolous litigation settle for far more than it really should because
our discovery rules often make defending a company prohibitively expensive. I would like to see
the courts more empowered to throw out frivolous litigation earlier in the process.
Q: Where do you see the next wave of cases in your practice area coming from?
A: We are seeing a growth of class actions filed against financial institutions and companies in
the health care arena.
Q: Outside your own firm, name one lawyer who's impressed you and tell us why.
A: The Honorable James Robart, Federal District Court Judge for the Western District of
Washington. Before Judge Robart became a judge, he was an advocate completely focused on
client service of the highest quality. He instilled in me an understanding of the pre-eminent
importance of always maintaining the highest level of professionalism, ethics and integrity in
everything we do as lawyers.
He was also a legendary trial attorney, something to which I certainly aspire. Now as a judge, he
has brought these qualities to the bench.
Q: What advice would you give to a young lawyer interested in getting into your practice
area?
A: Class action defense work requires the willingness to commit yourself totally to client
service. The best thing you can do is really invest in learning and understanding the client’s
business.
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