Annual Highlights
Law looking forward.
Anchorage Beijing Coeur d’Alene Hong Kong Orange County
Portland San Francisco Seattle Spokane Taipei Washington, DC
Spring 2005
To our clients and friends,
Ours is a firm that continually looks ahead. We strive to adapt,
innovate and grow with the surrounding climate and with the needs
of the clients we serve. Looking around the next corner, seeking new
solutions and remaining agile in the face of change are hallmarks of
Preston Gates. Our new message, “law looking forward,” represents
the focus that has placed us among the top law firms in the country.
On the following pages, you will see representative samples of the
work we were proud to perform for our clients during 2004. For
the first time, you will see a section dedicated to our burgeoning
Asia practice. Effective January 1, 2005, Preston Gates combined
with Taiwan Commercial Law Offices in Taipei, increasing our Asia
footprint to nearly 50 attorneys in Hong Kong, Taipei and Beijing.
With bench strength in the United States and in Asia, we believe
the firm is uniquely positioned to assist clients in cross-border
transactions and other legal needs in Greater China.
As in years past, the firm excelled in assisting clients with complex
business transactions, litigation and intellectual property matters,
as well as governmental, regulatory and public policy work. Once
again, the steadfast public finance group was ranked the No. 1 bond
counsel in Washington and Oregon, as well as No. 10 nationally, by
Thomson Financial.
Preston Gates also continued its long-standing commitment to pro
bono and public service work in 2004, exceeding the Pro Bono
Institute’s Law Firm Pro Bono Challenge to achieve pro bono hours
equal to three percent of billable hours. As a result of this effort,
Preston Gates attorneys logged more than 16,000 hours toward pro
bono cases.
In my nearly 30 years with Preston Gates, I have seen it grow
and evolve -- from a local firm of 25 attorneys to more than
400 attorneys with 11 offices up and down the West Coast,
in Washington, D.C. and in Asia. As the firm has expanded,
maintaining a diverse workforce that reflects the communities in
which we live and work has remained a focus. In 2004, Preston
Gates was ranked No. 1 nationally in diversity among women by
Vault.com, and we continue to make strides in other areas, ranking
No. 10 nationally for overall diversity.
On January 1, 2005, I began a five-year term as Firm Managing
Partner. I want to recognize and thank my predecessor, Gerry
Johnson, for his dedicated service as Firm Managing Partner and
wish him well as he returns to his busy practice.
Please spend a few minutes reviewing this report, and note that our
strengths lie not only in the diverse areas of law we practice, but
in our skilled professionals and in the wide array of clients we are
pleased to work with every day. Meanwhile, we will continue to look
forward to find new ways to approach legal issues, the practice of
law and ultimately our client service.
Karen E. Glover
Firm Managing Partner
Preston Gates & Ellis LLP
Alternative Investment
Management
Every private equity investment raises a thousand issues. Focusing on
those that matter most to the investor is the key to success.
Preston Gates’ alternative investment management group has
significant experience representing clients in connection with
investments in private equity funds, venture capital funds, REITs
and other real estate funds, hedge funds, strategic joint ventures and
investment management relationships.
We represent institutional clients, including government agencies,
pension funds, universities and other endowments, as well as
foundations and high-net-worth families in their alternative investment
activity. Preston Gates works closely with public agencies in a variety
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of capacities and, as a result, we have a heightened sensitivity to
the issues that concern government-related organizations and other
clients with significant fiduciary obligations.
Our experience has shown that clients place a high value on our
judgment regarding the importance of, and means of resolving the
issues we identify through our review of investment documents.
Not only does our review focus on risks, conflicts of interest and
other legal points, but Preston Gates’ alternative investment
management attorneys have the experience to assess whether
proposed terms are reasonable or go beyond the current “market”
for investment transactions.
Alternative Investment Management
California Emerging Ventures, LLC
5 AM Ventures LLC
Cascade Investment, LLC
ArcLight Energy Partners Fund II, L.P.
Capital Royalty Partners I, L.P.
Friedman Fleischer & Lowe Capital
Partners II, L.P.
Coventry Real Estate Fund II, LLC
University of Washington
ArcLight Energy Partners Fund II, L.P.
Index Ventures III (Delaware), L.P.
Credit Suisse First Boston Strategic
Partners III, L.P.
Bain Capital Fund VIII, L.P.
Rho Ventures V, L.P.
Frazier Healthcare V, L.P.
Battery Ventures VII, L.P.
SouthVest Fund V, L.P.
Hellman & Friedman Capital Partners V, L.P.
Beacon Capital Strategic Partners III, L.P.
Trillium Lakefront Partners III, L.P.
Endeavour Capital Fund IV, L.P.
Frazier Healthcare V, L.P.
California Public Employees’
Retirement System
ArcLight Energy Partners Fund II, L.P.
Carlyle Partners IV, L.P.
Ignition Venture Partners III, L.P.
OREGON PUBLIC
EMPLOYEES
RETIREMENT FUND
Oregon Public Employees Retirement Fund
Oregon Investment Fund, LLC
InterWest Partners IX, L.P.
Merit Energy Partners E-I, L.P.
Flagship Ventures Fund 2004, L.P.
Paul Capital Partners VIII-A, L.P.
Giza Venture Fund IV, L.P.
Pomona Capital VI, L.P.
Hellman & Friedman Capital Partners V, L.P.
Institutional Venture Partners XI, L.P.
Oak Hill Capital Partners II, L.P.
Polish Enterprise Fund V, L.P.
STATE RETIREMENT
AND PENSION SYSTEM
OF MARYLAND
State Retirement and Pension System
of Maryland
Apax Europe VI, L.P.
Appellate, Constitutional & Governmental Litigation
Appellate matters range from precedent-setting
constitutional, antitrust, intellectual property,
insurance coverage and environmental issues to
more common evidentiary issues.
Andersen v. King County
King County Superior Court
Washington Supreme Court
Preston Gates served as cooperating attorneys for Lambda
Legal, representing eight same-sex couples who had
been denied marriage licenses by King County. The case
challenged the constitutionality of Washington’s ban on
marriage for same-sex couples. The King County Superior
Court agreed and struck down the Washington ban as a
violation of the fundamental right to marry.
Castle v. State
Thurston County Superior Court
Washington Supreme Court
Preston Gates, serving as cooperating attorneys
with the American Civil Liberties Union (ACLU) of
Washington, represented same-sex couples seeking
the civil right of marriage. Preston Gates and the ACLU
obtained summary judgment declaring Washington’s
Defense of Marriage Act unconstitutional. The case is
now pending in the Washington Supreme Court.
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Gontmakher v. City of Bellevue
120 Wn. App. 365, 85 P.3d 926 (2004)
The city of Bellevue obtained summary judgment under
a Washington statute granting immunity to any
“person” making a complaint to a governmental
entity. The case established that government agencies
are entitled to immunity when alerting one another
to possible violations of law. The city had been sued
for alerting a state agency regarding clear-cutting of
timber upon a parcel under development. Preston Gates
represented the city of Bellevue before the trial court
and the Court of Appeals, which affirmed the judgment
for the city.
Grant County Fire Protection Dist. No. 5 v. City of
Moses Lake
150 Wn.2d 791, 83 P.3d 419 (2004)
When the Washington Supreme Court issued an opinion
declaring the petition method of municipal annexation
unconstitutional, Preston Gates successfully moved
for reconsideration on behalf of the city of Yakima. The
court then issued a second opinion upholding the city’s
annexations in all respects.
Hangartner v. City of Seattle
151 Wn.2d 439, 90 P.3d 26 (2004)
Preston Gates represented the Seattle Monorail Project
in this consolidated appeal raising multiple issues
under Washington’s Public Disclosure Act. Preston Gates
obtained a reversal of the trial court’s adverse ruling,
as the Supreme Court held that requests directed to the
Seattle Monorail Project were overbroad and that public
entities could invoke the attorney-client privilege under
the Public Disclosure Act.
Housing Authority of City of Pasco and Franklin County
v. City of Pasco
120 Wn. App. 839, 86 P.3d 1217 (2004)
Preston Gates represented amicus curiae Association
of Washington Housing Authorities before the Court of
Appeals and assisted in obtaining an opinion affirming
the independence of Washington’s public housing
authorities.
Jet Chevrolet, Inc., et. al. v. The City of Federal Way
120 Wn. App. 1022, 2004 WL 294704, rev. den. 152
Wn.2d 1036, 103 P.3d 801 (2004)
Preston Gates successfully defended the city of Federal
Way against claims brought by a class of business and
property owners who challenged the application of the
city’s ordinance regulating outdoor signs. Preston Gates
succeeded in obtaining summary judgment dismissing
all claims prior to class certification. The matter was
affirmed on appeal to the Washington Court of Appeals
and Supreme Court.
Judd v. AT&T
152 Wn.2d 195, 95 P.3d 337 (2004)
Preston Gates prevailed on behalf of CenturyTel, Inc.
against a number of claims regarding the provision
of telephone services at Washington prisons. The case
involved issues including whether a private right of
action existed and whether a claim was subject to the
administrative procedure act.
JVN Corporation v. City of Kenmore
U.S. Dist. Ct., W.D. Wash (2004)
Preston Gates successfully defended the city of
Kenmore’s adult panorama ordinance against
challenges under the U.S. and Washington
constitutions. After defeating motions for a temporary
restraining order and preliminary injunction to halt
enforcement of the ordinance, Preston Gates moved
successfully for summary judgment, dismissing all of
the plaintiff’s claims.
Pierce County v. State of Washington
King County Superior Court
Representing Sound Transit and other taxpayers,
Preston Gates obtained summary judgment establishing
that Initiative 776 was unconstitutional as applied to
Sound Transit because it impaired outstanding bond
obligations.
Public Funds for Public Purposes et al. v. State of
Washington, Dept. of Revenue et al.
Thurston County Superior Court
Preston Gates successfully represented the Capital
Cities and Vancouver Public Facilities District in a case
challenging the construction of three multi-million
dollar convention and recreation center projects. The
plaintiffs alleged various constitutional and statutory
claims in an effort to halt financing and construction
of the projects. Preston Gates obtained a summary
judgment dismissing all claims, permitting the projects
to proceed as planned.
Sane Transit v. Sound Transit
151 Wn.2d 60, 85 P.3d 346 (2004)
Preston Gates successfully represented Sound Transit
in a lawsuit alleging that Sound Transit did not have
authority to reduce the scope of phase I of its light rail
transit system.
State ex rel. Citizens Against Tolls v. Murphy
151 Wn.2d 226, 88 P.3d 375 (2004)
The designer and developer of a substantial bridge
project in South Puget Sound intervened and successfully
defended claims challenging the constitutionality of
the project and its financing. On expedited review of a
summary judgment for the defendant and intervenors,
the Supreme Court affirmed the dismissal of all claims.
Preston Gates served as counsel for intervenors.
World Wide Video of Washington, Inc. v. City of
Spokane
227 F. Supp. 1143 (E.D. Wa. 2002), affirmed, 368 F.3d
1186 (9th Cir. 2004)
Preston Gates represented the city of Spokane in this
case which challenged the city’s adult business zoning
ordinance on multiple grounds, including the location
of retail-only businesses, the adequacy of sites and
the city’s amortization provision. The city of Spokane
obtained summary judgment on all grounds, and it was
affirmed on appeal.
Appellate, Constitutional &
Governmental Litigation
The appellate, constitutional and governmental litigators at Preston
Gates combine exceptional written and oral advocacy skills with
thorough substantive and procedural knowledge. As a result, the group
has an enviable record of success for its clients.
Preston Gates is regularly retained as special appellate counsel and
to draft amicus curiae briefs on behalf of publicly and privately held
companies, government entities, nonprofits and trade associations.
Appellate matters range from precedent-setting constitutional,
antitrust, intellectual property, insurance coverage and environmental
issues to more common evidentiary issues.
Additionally, the firm works with an array of governmental clients,
including cities, counties, school districts, port districts, and entities
responsible for public infrastructure improvements, in resolving
varied litigation matters. This representation includes taxation,
condemnation, land use, election and insurance matters, as well as
constitutional and appellate cases.
Preston Gates attorneys have experience at all levels of both federal
and state courts, including the U.S. Supreme Court, the Federal
Circuit Courts of Appeal and numerous state Supreme Courts.
Preston Gates attorneys also represent clients in various constitutional
law matters, including First Amendment controversies, public projects,
initiatives, elections and governmental organization issues.
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Asia
It takes discipline — and the right legal counsel — to realize the
potential of Asia’s markets.
Preston Gates has the critical mass and experience to make your intraAsian and cross-Pacific transactions virtually seamless. We support
our clients’ business objectives with more than 40 lawyers in Beijing,
Hong Kong, and Taipei, and another 20 lawyers in the United States
dedicated to handling cross-Pacific matters.
Preston Gates professionals in Asia and North America unite to
represent both blue-chip and emerging businesses in a wide array of
industries, including semiconductor, software, e-business,
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telecommunications, biotech, aerospace and traditional
manufacturing. Our fluency in the law, cultures, languages and
business practices of Asia enables us to keep pace with the region’s
rapidly evolving business environment.
For clients who operate exclusively within Greater China, we serve
as counsel in a wide range of legal matters, from high-level strategic
planning to day-to-day business negotiations. For clients who engage
in cross-Pacific transactions and public offerings and listings, we
assign experienced client teams to integrate legal services so borders
become seemingly transparent for even complex matters.
Asia
ASIA PACIFIC
GENESIS VENTURE
CAPITAL FUND L.P.
ASSET MANAGERS
(CHINA) FUND CO.,
LTD.
Asia Pacific Genesis Venture Capital
Fund L.P.
Investment by Limited Partners
HANG TEN GROUP
HOLDINGS LIMITED
CHINA GREAT WALL
INDUSTRY
CORPORATION
CREDIT CARD DNA
SECURITY SYSTEM
(HOLDINGS) LIMITED
EVERGREEN ASSET
GROUP LIMITED
China Great Wall Industry Corporation
Sale of communications satellite
NIGCOMSAT-1 on in-orbit delivery to
Nigerian National Space Research and
Development Agency
Credit Card DNA Security System
(Holdings) Limited
Acquisition of major stake in Ming Yuen
Assets Limited
Evergreen Asset Group Limited
Reverse takeover by shareholders of
Evergreen Asset Group Limited of Discovery
Investments Inc.
Financial Telecom Limited (USA) Inc.
Listing on OTCBB in USA
FIRST SHANGHAI
CAPITAL LIMITED
First Shanghai Capital Limited
Initial public offering and listing of
Mitsumaru East Kit (Holdings) Limited
on Hong Kong Stock Exchange
Allied Material Technology Corporation
Zero coupon convertible notes
Everlight Electronics Co., Ltd.
Zero coupon convertible notes
Hannstar Board Corp.
Zero coupon convertible notes
Radiant Opto-Electronics Corporation
Zero coupon convertible notes
Action Electronics Co., Ltd.
Zero coupon convertible bonds
Representation regarding set-up of a US
corporation and issuance of securities
Behavior Tech Computer Corp.
Credit enhanced zero coupon bonds
with warrants
Hartcourt Companies, Inc.
Acquisition of Beijing Control-Tech
TA CHONG
SECURITIES CO., LTD
Best Rich International Limited
Disposal of 51% in Global King Investment
Limited
FINANCIAL TELECOM
LIMITED (USA) INC.
FIRST TAISEC
SECURITIES INC.
SINOPAC SECURITIES
(ASIA) LIMITED
Asset Managers (China) Fund Co., Ltd.
Subscription of redeemable convertible bonds
with option for further bonds
HARTCOURT
COMPANIES, INC.
BEST RICH
INTERNATIONAL
LIMITED
Hang Ten Group Holdings Limited
Trademark license and grant of option to
purchase trademark to Itochu Corporation
HUA NAN SECURITIES
(H.K.) LIMITED
KGI SECURITIES
CO. LTD
MEDTECH GROUP
COMPANY LIMITED
ORCHID ASIA
MANAGEMENT
CO., LLC
PACIFIC
RISING LIMITED
Wonderful Hi-Tech Co., Ltd.
Credit enhanced zero coupon
convertible bonds
Cheil Technology Corp.
Credit enhanced zero coupon
convertible bonds
J-Three International Holding Co., Ltd.
Zero coupon convertible notes
Medtech Group Company Limited
Capital reorganization and takeover
Orchid Asia Management Co., LLC
Venture capital financing in Sweetmart
Development Limited
Pacific Rising Limited
Sub-division and sale of shops in the
Commercial Development of Locwood Court
of Kingswood Villas, Tin Shui Wan,
New Territories, Hong Kong
Tycoons Group Enterprise Co., Ltd.
Credit enhanced zero coupon
convertible notes
XINHUA FINANCE
LIMITED
Xinhua Finance Limited
Public offering of common stock on the
Mothers Board, Tokyo Stock Exchange
Acquisition of Market News International, Inc.
YGM TRADING
LIMITED
YGM Trading Limited
Acquisition of Societe Guy Laroche
ZHAOPIN LIMITED
Zhaopin Limited
Series B preferred stock financing
For clients who operate exclusively within Greater
China, we serve as counsel in a wide range of legal
matters, from high-level strategic planning to day-to-
ROLY INTERNATIONAL
HOLDINGS LIMITED
Roly International Holdings Limited
Takeover of Byford International Limited
RONTEX
INTERNATIONAL
HOLDINGS LIMITED
Rontex International Holdings Limited
Issue of share warrants and listing on
Hong Kong Stock Exchange
day business negotiations.
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Corporate Securities/
Mergers & Acquisitions
We’ve built a reputation for finding opportunity even where options
As a full-service law firm, Preston Gates has the experience and
seem limited. It requires forward thinking, creativity, clarity and a
resources necessary to consistently provide the broad representation
gritty determination to see things through. It requires ideas that bring
demanded by public and private companies alike on issues involving
value to your business, and a willingness to create solutions that don’t
corporate and securities law. Our corporate securities and M&A
yet exist. It’s the way we practice corporate law every day.
attorneys have handled transactions ranging in size from less than
$10 million to more than $20 billion. We offer representation in
An effective corporate securities and mergers and acquisitions
the complete spectrum of securities law matters and business
(M&A) practice requires the synthesis of a number of disciplines in
transactions including: mergers and acquisitions; public offerings;
negotiating, structuring and documenting complex transactions. These
SEC filings and compliance; venture capital financings; private
transactions not only require an in-depth knowledge of corporate, tax
placements; debt financings; joint ventures/strategic alliances; cross-
and securities laws, but also knowledge of intellectual property law,
border transactions; and corporate reorganizations, re-incorporations
employment law, ERISA and other benefits regulations, environmental
and restructurings.
law, and antitrust and regulatory issues.
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Corporate Securities/Mergers & Acquisitions
ALEXANDER HUTTON
VENTURE PARTNERS
Alexander Hutton Venture Partners
Bridge note in Myrio Corporation
Alfa Leisure, Inc.
Sale of note and warrants to Nogales
Investors Fund I, LP
FRAZIER TECHNOLOGY
VENTURES
Frazier Technology Ventures
Series A preferred stock in SNAPin
Software, Inc.
Mikron Industries
Acquisition by Quanex Corporation
GENEVA AVIATION, INC.
Geneva Aviation, Inc.
Sale of all of its shares to Helinet, Inc.
MindPlay, LLC
Sale of substantially all of MindPlay’s assets
to Alliance Gaming Corp.
Greenfield Online
Initial public offering Class A common stock
Allied Trade Group
Acquisition of The Lighting Company
AMDL, INC.
ARCTIC ICE CREAM
NOVELTIES LP
BUERK DALE
VICTOR, LLC
AMDL, Inc.
PIPE offering / S-3 registration of common
stock and warrants
Arctic Ice Cream Novelties LP
Sale of specialty ice cream and novelty
products to Humboldt Creamery Association
Buerk Dale Victor, LLC
Series A preferred stock in Escapia
Cardiome Pharma Corp.
Licensing and stock purchase transaction
with Fujisawa Healthcare
U.S. counsel
CDG THERAPEUTICS,
INC.
CDG Therapeutics, Inc.
Seed financing
Chrysalix Energy Limited Partnership
Series A preferred stock in Fideris, Inc.
EiC CORPORATION
RONTEX
INTERNATIONAL
HOLDINGS LIMITED
Rosewood Capital, L.P.
Sale of Shares of Fantastic Foods, Inc.,
Napa Valley Kitchens, Inc. and Annie’s
Homegrown, Inc. by Homegrown Natural
Foods, Inc., Rosewood Capital, L.P., Shamrock
Holdings of California, Inc. and Trefoil Capital
Investors II, L.P. to Natural Acquisition Corp.
Mobility, Inc.
Convertible note financing
Follow-on public offering
Series C preferred stock in Stir Crazy, Inc.
NightHawk Radiology Services, LLC
Acquisition of DayHawk Radiology
Services, LLC
Hang Ten Group Holdings Limited
Series A preferred stock financing
Convertible note financing
Northland Transportation Company
Maritime and special counsel for
Hawaii Trader and Pacific Trader
ID Biomedical
Acquisition of Shire Biologics
SOUTHTECH
SYSTEMS, INC. AND
SOUTHTECH
CONSULTING, INC.
OCEAN PARTNERS
Labor Ready, Inc.
Asset purchase of Spartan Staffing, Inc.
Ocean Partners
Purchase of membership interest of Source
Scientific, LLC from Boston Biomedic
SteLar Tools, Inc.
Series A preferred stock financing
OctigaBay Systems Corporation
Acquisition by Cray, Inc.
Telecom Transport Management, Inc.
Series B preferred stock financing
U.S. counsel
Madrona Venture Group
Series A preferred stock in Mercent Corporation
Mallory & Church Corporation and
Mallory & Church Hosiery, Ltd.
Sale of preferred units of Mallory & Church,
LLC by the shareholders of MCC and MCH to
Atlantic Pacific Management Group Inc. and
Beacon Asset Investments Ltd.
Corbis Corporation
Acquisition of the zefa visual media gmbh
MarketRange, Incorporated and
TalentMatch, Incorporated
Series B preferred stock financing
EiC Corporation
Sale of assets of EiC Corporation to
WJ Communications, Inc.
Microsoft Corporation
Series A investment and financing
(CineForm, Inc.)
Entellium Corporation
Series A preferred stock financing
Sale of Sports Game Studio to
Ubisoft Entertainment S. A.
PACIFIC BIOSCIENCE
LABORATORIES, INC.
Pacific Bioscience Laboratories, Inc.
Angel round financing
POWER STATION, LLC
Power Station, LLC
Convertible note financing
T-Mobile USA, Inc.
Purchase of membership interest from
Cingular Wireless LLC
TSONGAS LITIGATION
CONSULTING, INC.
FIRST SHANGHAI
CAPITAL LIMITED
Sale of Slate to the Washington Post Co.
Sale of Indie Game Studio to Indie Built
Tsongas Litigation Consulting, Inc.
Management buyout
Valco Graphics, Inc.
Sale of outstanding stock (share exchange) to
Cenveo Commercial, Inc.
Primus Knowledge Solutions, Inc.
Acquisition by Art Technology Group, Inc.
Western Wireless Corporation
Public offering - 8,000,000 shares of Class A
common stock
Private Investment Group
Series B-2 preferred stock financing in
NetMotion Wireless, Inc.
Xinhua Finance Limited
Public offering of common stock on the
Mothers Board, Tokyo Stock Exchange
Acquisition of Giant Company Software, Inc.
First Shanghai Capital Limited
Initial public offering and listing of
Mitsumaru East Kit (Holdings) Limited
on Hong Kong Stock Exchange
SouthTech Systems, Inc. and
SouthTech Consulting, Inc.
Acquisition by eiStream, Inc.
Speakeasy, Inc.
Series D preferred stock financing
U.S. counsel
Intrawest Corporation
Exchange offering of US $226 million and
CDN $125 million 7.5% senior notes
Rontex International Holdings Limited
Issue of share warrants and listing on
Hong Kong Stock Exchange
Acquisition of Market News International, Inc.
Railpower Technologies Corp.
Private placement of common shares in the
U.S. concurrent with public offering in Canada
ZHAOPIN LIMITED
Zhaopin Limited
Series B preferred stock financing
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Emerging Business
FIRST SHANGHAI
CAPITAL LIMITED
First Shanghai Capital Limited
Initial public offering and listing of
Mitsumaru East Kit (Holdings) Limited on
Hong Kong Stock Exchange
PACIFIC BIOSCIENCE
LABORATORIES, INC.
Pacific Bioscience Laboratories, Inc.
Angel round financing
POWER STATION, LLC
Power Station, LLC
Convertible note financing
Emerging businesses often have legal needs that even the
most sophisticated entrepreneurs can’t anticipate. A law
FRAZIER TECHNOLOGY
VENTURES
firm that understands these needs — legal, business and
financial — from day one is critical.
Frazier Technology Ventures
Series A preferred stock in SNAPin
Software, Inc.
Private Investment Group
Series B-2 preferrred stock financing in
NetMotion Wireless, Inc.
Greenfield Online
Initial public offering
Follow-on public offering
ALEXANDER HUTTON
VENTURE PARTNERS
Rosewood Capital, L.P.
Sale of shares of Fantastic Foods, Inc., Napa
Valley Kitchens, Inc. and Annie’s Homegrown,
Inc. by Homegrown Natural Foods, Inc.,
Rosewood Capital, L.P., Shamrock Holdings of
California, Inc. and Trefoil Capital Investors II,
L.P. to Natural Acquisition Corp.
Madrona Venture Group
Series A preferred stock in Mercent Corporation
Alexander Hutton Venture Partners
Bridge note in Myrio Corporation
Series C preferred stock in Stir Crazy, Inc.
AMDL, INC.
AMDL, Inc.
PIPE offering / S-3 registration of common
stock and warrants
BUERK DALE
VICTOR, LLC
Buerk Dale Victor, LLC
Series A preferred stock in Escapia
MarketRange, Inc. and TalentMatch, Inc.
Series B preferred stock financing
Railpower Technologies Corp.
Private placement of common shares in the
U.S. concurrent with public offering in Canada
Microsoft Corporation
Series A investment and financing
(CineForm, Inc.)
Speakeasy, Inc.
Series D preferred stock financing
Acquisition of Giant Company Software, Inc.
SteLar Tools, Inc.
Series A preferred stock financing
CDG THERAPEUTICS,
INC.
CDG Therapeutics, Inc.
Seed financing
MindPlay, LLC
Sale of substantially all of MindPlay’s assets
to Alliance Gaming Corp.
Chrysalix Energy Limited Partnership
Series A preferred stock in Fideris, Inc.
Entellium Corporation
Series A preferred stock financing
Mobility, Inc.
Convertible note financing
OCEAN PARTNERS
Ocean Partners
Purchase of membership interest of Source
Scientific, LLC from Boston Biomedic
TELECOM TRANSPORT
MANAGEMENT, INC.
Telecom Transport Management, Inc.
Series B preferred stock financing
Valco Graphics, Inc.
Sale of outstanding stock (share exchange) to
Cenveo Commercial, Inc.
Xinhua Finance Limited
Public offering of common stock on the
Mothers Board, Tokyo Stock Exchange
Acquisition of Market News International, Inc.
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Emerging Business
Some of the world’s leading businesses — Microsoft, Starbucks,
T-Mobile — turned to Preston Gates with their most important
opportunities and challenges as young companies. Our attorneys
recognize the value in establishing client relationships early on, and
understand that today’s startups will be tomorrow’s industry leaders.
Emerging businesses often have legal needs that even the most
sophisticated entrepreneurs can’t anticipate. A law firm that
understands these needs — legal, business and financial — from
day one is critical. Preston Gates offers top-level service across the
spectrum of a start-up’s legal needs, and our relationship can grow
with the business.
The emerging business group at Preston Gates is organized around
the needs of growing businesses. We provide legal counsel to clients
on a wide range of corporate issues, from the choice of organizational
entity to sophisticated joint venture and merger and acquisition
matters. We serve growing companies throughout their lifecycle,
including financing transactions, from seed to venture capital
to IPO, and intellectual property management from patent and
trademark registration, to development agreements, to distribution
and licensing. Our attorneys are cross-trained to understand the big
picture of growing a business, and offer a unique mix of focused
knowledge and global perspective.
More than just legal advisors, our lawyers stay involved and
connected to the business community, often assisting clients to build
their business network. We regularly introduce clients to potential
financing sources (including angel investors, venture capitalists
and investment bankers), directors, key employees, customers and
suppliers.
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Energy and Utilities
Tackling projects as complex and public as those in the energy and
utilities arena demands tenacity, ingenuity, confidence and integrity. It
makes sense to count on a law firm that was built on those qualities.
Our energy and utilities practice group attorneys leverage experience
from a wide variety of legal disciplines to handle and resolve the broad
spectrum of issues facing this dynamic industry. We pride ourselves
on our responsiveness and teamwork, as well as on maintaining a
thorough grounding in both the legal and business dimensions of the
energy and utilities industry.
Attorneys throughout our offices work together to guide our
clients through strategic decisions, policy initiatives, commercial
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transactions, project financing and development, state and
federal regulatory proceedings and litigation. We represent leading
organizations from across the energy and utility sectors, including
independent power producers and marketers, investor-owned and
public power utilities, emerging businesses in the smart energy sector,
diversified energy companies and large consumers.
From hydropower licensing, project siting and green-tagging to
commercial transactions, and from joint ventures and alliances to
antitrust, trade regulation and legislative advocacy, the energy and
utilities practice group of Preston Gates has the experience and
creativity to get results for our clients.
Energy and Utilities
EPCOR Corporate Venture Capital
Various venture capital investments
Frederickson Power L.P.
(Indirect wholly owned subsidiary of EPCOR
Utilities Inc.) Closing of sale of 49.85%
undivided interest in Frederickson 1
Generating Facility to Puget Sound Energy, Inc.
EPCOR Utilities Inc.
EPCOR Power Development Corporation
EPCOR Merchant and Capital (US) Inc.
Legal advice in connection with power sales,
regulatory, merger and acquisition, tax
and commercial matters
GWF Energy LLC
Representation of independent power producer
that built three generating stations in
California in response to the state’s energy
crisis in achieving a $10.7 milllion settlement
with Pacific Gas & Electric Company (PG&E)
LAKE TAPPS
“GROUP OF NINE”
Lake Tapps “Group of Nine”
Negotiation and execution of reservoir
management agreement between Puget Sound
Energy Inc. and the Lake Tapps community
PPL CORPORATION
PPL Corporation
Software licensing advice
PPL ELECTRIC
UTILITIES
CORPORATION
PPL Electric Utilities Corporation
Facilitation of development of longterm transmission pricing plan for PJM
Interconnection, L.L.C. and Midwest
Independent System Operator, Inc. markets
PPL Montana, LLC
Intellectual property advice regarding
copyright registration for Mystic Lake FERC
application publication
PPL WALLINGFORD
ENERGY LLC AND PPL
ENERGYPLUS, LLC
PPL Wallingford Energy LLC and
PPL EnergyPlus, LLC
Negotiation of energy supply refunds in ISO
New England Inc. Markets
Public Utility District No. 1 of
Whatcom County
Legal advice regarding dairy waste
biogas-to-energy project
Public Utility District No. 1
of Snohomish County
Advice on software licensing matters
Williams Northwest Pipeline
Litigation and permitting counsel for the
Everett Delta natural gas pipeline project
Environmental, Land Use and Natural Resources
Cascade Land Conservancy
Conservation projects, including Snoqualmie
Forest Project, Snoqualmie Preservation
Initiative, Me-Kwa-Mooks Urban Preserve and
Duwamish Hill
CENTER FOR
SPIRITUAL LIVING
CINGULAR WIRELESS
CONSERVATION
DEVELOPMENT, LLC
AND CASCADE
CONSERVATION
CORPORATION
DESPI DELIGHT
BAKERY
Center for Spiritual Living
Representation in obtaining and defending
land use permit and SEPA approval
Frederickson Power LP
Negotiation of sale of partial interest in
natural-gas-fired power plant
Cingular Wireless
Permitting and appellate litigation for
telecommunication facility permitting in
Washington
PETERS FAMILY
OLEMARA PETERS
& ALLISON PETERS
JABLONKO
Agreements with the city of Marysville for the
city’s purchase of capacity in K-C Deep Water
Outfall 100 to remove municipal effluent from
Snohomish River
LEWIS COUNTY,
WASHINGTON
Lewis County, Washington
Negotiation of investigation and remedial
action; defense of related claims
Microchip Technology Incorporated
Assistance with design and implementation
of Environmental Management Systems for
semiconductor manufacturing facility in
Gresham, Oregon
Pacific Crossing Ltd.
Settlement agreements with regulatory
agencies on right-of-way fees for fiber optic
broadband cable
CITY OF SPOKANE,
WASHINGTON
City of Spokane, Washington
Assistance in developing a Use Attainability
Analysis of the Spokane River and filing
Petition for Rulemaking with state of
Washington to modify water quality standards
and authorize upgrade of major public
wastewater treatment and reclamation facility
STEELCORR, INC.
SteelCorr, Inc.
Assistance with NEPA environmental
assessment and related wetlands, farmlands,
historical/cultural resource reviews and
section 404 permitting for new steel mini-mill
Peters Family
Olemara Peters & Allison Peters Jablonko
Conservation donation, sale, and exchange of
forest land on Bainbridge Island
P-Patch Land Trust
Assistance with closing a donation and
purchasing property to be used as an urban
community garden site under the city of
Seattle’s P-Patch program
RAZORE
ENTERPRISES, INC.
Razore Enterprises, Inc.
Successful defense of former landowner
against a state Superfund contribution action
seeking recovery of remedial action cleanup
costs for a 30-story downtown
high-rise development
SAD PROPERTIES, LLC
SAD Properties, LLC
Representation in first groundwater plume
consent decree in Washington state resolving
all cleanup issues under state Superfund law
Kimberly-Clark Worldwide, Inc.
Defense and settlement of NPDES permit
appeal to pollution control hearings board and
related NPDES permit modification
Despi Delight Bakery
Brownfield redevelopment and permitting,
remediation of contaminated property as a
community bakery
City of Everett, Washington
Assistance with complex brownfield
agreements to enable Everett Housing
Authority to clean up and redevelop Asarco
Smelter site
PACIFIC CROSSING
LTD.
City of Kennewick, Washington
Assistance with successful defense of SEPA
appeal of Columbia Center Boulevard grade
separation project
Conservation Development, LLC and
Cascade Conservation Corporation
Patterson Creek Preserve: entitlement and
sale of property for conservation-oriented
single-family limited residential development
E.B. Dunn Historic Garden Trust
Ongoing legal representation for Olmsteddesigned garden in Seattle, helping to lead to
recognition as a 2005 Restore America Site by
the National Trust for Historic Preservation
and Save America’s Treasures
14
PORT OF EVERETT,
WASHINGTON
Port of Everett, Washington
Permitting, SEPA/NEPA, EIS/EA, ESA
concurrence and other agreements for
satellite rail barge transfer facility serving
Boeing and Paine Field Industries
Sustainable Northwest
Yainix Ranch Project conservation easement,
Klamath Basin, Oregon
T-Mobile USA, Inc.
Permitting and appellate defense for
telecommunications facility siting in
Washington and Oregon
Washington Trails Association
Representation of coalition of six
environmental organizations in defense
of a constitutional challenge to the NOVA
program’s allocation of a portion of 1% of
state gasoline tax revenues to non-highway
road recreation facility projects
Simpson Tacoma Kraft Company
Representation in obtaining expedited
agency approval for project to replace
pulp mill boiler tubes
Sound Transit
Successful defense of appeals challenging
the EIS for the I-90 two-way transit and HOV
Operations project
Support for long-range planning and
supplemental EIS review
CITY OF YAKIMA,
WASHINGTON
City of Yakima, Washington
Creation of stormwater utility
Successful defense on appeal of
constitutional challenge to annexation laws
Environmental, Land Use
and Natural Resources
Preston Gates has one of the largest and most experienced
environmental groups on the West Coast. As one of the first law
firms to work in environmental, natural resources and land use
counseling and litigation, Preston Gates has an unparalleled range
and depth of practice.
We help clients realize many of the largest private and public
infrastructure projects in their region. In Washington state, these
projects include diverse water, sewer, power, transportation and
telecommunications projects. From the new Seattle Monorail Project
to rebuilding the Alaskan Way Viaduct, Preston Gates continues to
be involved in the major projects that provide basic services to our
communities and our nation.
Clients in need of rigorous due diligence for local and national real
estate and corporate transactions consistently call on our experience.
We also advise clients on a variety of land use and shoreline/coastal
zone projects. Additionally, our attorneys help clients navigate the
range of environmental laws and develop environmental management
systems that have been recognized as industry leading programs.
Clients also rely on our experience with natural resource management
and water resource issues.
MTCA Handbook
In 2004 we published the 4th edition
We help clients resolve Superfund and natural resource damage
liabilities, and accomplish federal and state cleanups. Preston Gates
has taken on major litigation and assisted clients in combining
cleanup and redevelopment even before the term “brownfields” was
coined. Our attorneys in the Pacific Northwest and Washington, D.C.
are often involved in the adoption of environmental, land use and
natural resource laws — and have a distinguished track record of
successful projects and transactions.
of the ‘MTCA Handbook: Cleanup and
Litigation under the Washington State
Superfund’ and developed a companion
website (www.mtcahandbook.com),
continuing our long tradition of
providing comprehensive resources on
Washington’s hazardous substance
cleanup law.
15
Finance, Insolvency
and Real Estate
Our real estate attorneys have extensive experience in all areas of real
estate law and transactions. We work closely with our environmental,
corporate, municipal and land use practice groups to provide local,
regional, national and international clients with comprehensive
guidance across the spectrum of real estate transactions. We have
extensive experience in site selection, due diligence, acquisition,
construction and tax issues for retail, office, industrial, multifamily,
hotel and mixed-use developments. We also serve the needs of public
entities in dealing with real estate matters, including structuring
public/private partnerships.
Our bankruptcy attorneys represent creditors and debtors in
proceedings in all regions of the country. This bankruptcy experience
provides Preston Gates transactional lawyers a unique perspective
on dealing with enterprises experiencing financial distress. Our
16
bankruptcy attorneys provide valuable assistance in structuring
transactions to minimize the risks of insolvency. We also assist clients
in negotiating loan workouts, as well as managing foreclosures,
receiverships and bankruptcy proceedings.
Preston Gates lawyers represent financial institutions and other
companies in lending transactions, local to international. Our clients
include corporate, governmental and individual borrowers around the
world in secured and unsecured financing transactions. Our experience
ranges from the conventional loan to the exotic in financing structure
and collateral.
We also represent owners, investors and developers involved in all
segments of the real estate industry, from commercial office buildings
and shopping centers to residential homebuilders.
Finance, Insolvency and Real Estate
2611 INVESTORS, LLC
2611 Investors, LLC
Sale of industrial property,
Spokane, Washington - $1,600,000
Alaska Power & Telephone Co.
Counsel to the Official Unsecured Creditors
Committee of Alaska Power & Telephone;
restructured more than $30 million of
unsecured obligations
We work closely with our environmental, corporate, municipal
and land use practice groups to provide local, regional, national
and international clients with comprehensive guidance across the
Falcon Real Estate Investment Co.
Sale of Woodinville Towne Center,
Woodinville, Washington
spectrum of real estate transactions.
Acquisition of office building,
Kirkland, Washington
Sale of Bristol Farms Apartments,
Bothell, Washington
Lincoln Square Project,
Bellevue, Washington
Representation in connection with an
approximately $220 million syndicated
construction loan for the first four phases
of the Lincoln Square Project in Bellevue,
Washington, one of the largest construction
projects in Washington
Foss Waterway Development Authority
General counsel
Grosvenor Capco, Ltd.
$2,975,000 mezzanine loan
Macquarie Real Estate Finance Inc.
$10,500,000 secured term loan
Acquisition of Chateau Creste Apartments,
Kirkland, Washington - $7,500,000
IBEW
Metawave Communications Corp.
Debtor’s counsel; confirmed Chapter 11 Plan;
full payment to unsecured creditors
International Brotherhood of
Electrical Workers
Sale and acquisition of headquarters
properties,
Seattle and Tukwila, Washington
MOSAIC USA
KIRKLAND LP
PGAF, LLC
Sale of Everspring Terrace Apartments,
Seattle, Washington - $4,700,000
Pike Place Market PDA
Acquisition of Creamery site,
Seattle, Washington
PLAZA GRANDE
APARTMENT FUND,
LTD.
MUSEUM
DEVELOPMENT
AUTHORITY
OF SEATTLE
Plaza Grande Apartment Fund, Ltd.
Refinancing of light industrial property,
Los Angeles, California - $5,700,000
Seattle Art Museum and
Museum Development Authority of Seattle
Representation of SAM and MDA in a
$300 million development agreement with
Washington Mutual
Mosaic USA Kirkland LP
Acquisition of Arbors at Park Place,
Kirkland, Washington - $10,900,000
TAMARACK
MEZZANINE
PARTNERS
J.E. Robert Company, Inc.
Sale of West Valley Business Park,
Kent, Washington
John Hancock Life Insurance Company
Regional counsel
PGAF, LLC
Pacific Life Insurance Company
Financing of the Fairmont
Olympic Hotel,
Seattle, Washington - $62,000,000
Tamarack Mezzanine Partners
Mezzanine loan
Williams Northwest Pipeline
Litigation and permitting for the Everett Delta
Natural Gas Pipeline
17
Intellectual Property
ADVANCED RENAL
TECHNOLOGIES, INC.
Advanced Renal Technologies, Inc.
International licensing agreements
LAKE WASHINGTON
SCHOOL DISTRICT
Aspen MLT, Inc.
IP licensing and counseling, trademark,
copyright registrations
Cadence Design Systems
Semiconductor industry standards
Lizardtech
IP licensing
LOGITEL
CORPORATION
™
Looking Glass Analytics
IP licensing and counseling, trademark
prosecution
MELODEO
PAINTBALL PLAYERS,
PRODUCTIONS
Melodeo
IP counseling and content licensing
Microsoft
Digital media agreements
Save More Resources, Inc.
General IP representation
Seattle Monorail Project
General IP representation
SplashData
IP and corporate representation
Multiform Harvest, Inc.
IP counseling
Northshore School District
General IP representation
Logitel Corporation
Formation IP transfer and open source issues
Compendium Incorporated
IP and publishing counseling
Express Technologies
IP representation
MULTIFORM HARVEST,
INC.
Pacific Star Communications, Inc.
Patent licensing
CallVision
Product licensing and IP counseling
SAVE MORE
RESOURCES, INC.
The Mockingbird Society
IP counseling
LifeTree Technology, LLC
General IP representation
Attenex Corporation
IP licensing and trademark representation
CADENCE DESIGN
SYSTEMS
Mobilisa
IP counseling and trademark registration
Lake Washington School District
General IP representation
STEILACOOM SCHOOL
DISTRICT
STIRLING TECHNOLOGY
COMPANY
Steilacoom School District
General IP representation
Stirling Technology Company
IP licensing
Paintball Players, Productions
Game development and publishing
agreements
T-Mobile USA, Inc.
Trademark registration
Parametrix, Inc.
General IP representation
License agreements
Ring tone agreements
Mobile game agreements
Network infrastructure agreements
Pathways Systems
IP counseling
Device agreements
Electronic commerce counseling
Fullbore Innovations, Inc.
Trademark representation
Technology, software and content agreements
PlayStream LLC
General IP representation
Touchdown Entertainment
IP counseling and game technology licensing
Localization agreements
Development and service agreements
INTTRA, Inc.
General IP representation
POP! Multimedia, Inc.
IP licensing and counseling
IP counseling for acquisitions
TUFFBETTY LLC
TuffBetty LLC
Trademark representation
IP counseling for security-related transactions
IOActive, Inc.
General IP representation
KRASNER GROUP LLC
18
Krasner Group LLC
IP licensing and trademark representation
Open-source policy counseling
Xbox licensing and game development
agreements
Research agreements
Patent licensing agreements
RICK STEVES’
EUROPE THROUGH
THE BACK DOOR
Pulse Business Systems
IP counseling
Valve Corporation
IP counseling, game content and
technology licensing
Rick Steves’ Europe Through the Back Door
Trademark licensing
Westwind Computing
General representation
Intellectual Property
Preston Gates attorneys are on the leading edge of technology and
intellectual property law. We provide legal advice and representation
to some of the world’s most prominent information technology
companies and hundreds of clients in a broad range of industries. We
help clients protect and license their copyrights in valuable works of
authorship, including computer software, interactive games, music
and audiovisual works. We advise on all business aspects surrounding
patents, including ownership and assignment issues, licensing,
analysis of protection, prosecution and litigation. Our attorneys assist
clients in protecting trade secrets and other confidential information
relevant to their technologies, production processes, and business
and marketing plans. We help our clients through the entire process
of obtaining, maintaining and protecting their trademarks, logos and
domain name registrations.
Technology Development & Licensing: We help our clients write and
negotiate agreements related to hardware and software development,
electronic rights licenses, distribution/resellers, end-user licenses,
original equipment manufacturers, reference designs, online service
providers, technology standards and electronic data interchange.
Electronic Commerce: Our attorneys have literally written the book on
electronic commerce. We help clients in all industries address new
issues raised by electronic contracting, financial regulations, privacy
regulations and Web services.
Biotechnology and Other Life Sciences: We negotiate and draft
strategic alliances, research collaborations, licenses, clinical trial
agreements and related technology transfer agreements. We work with
universities, federal laboratories, the Food and Drug Administration,
and companies of all sizes.
Strategic Alliances and Technology Transfer: Whether it is bringing a
technology to market or spinning off technology from a business or
university, we help companies build strong relationships that maximize
the value of their technology and investment. We are very active in the
wireless technology industry, representing mobile operators, software
platform providers and device manufacturers in the implementation of
Wi-Fi, Bluetooth, GSM/GPRS and other wireless technologies.
19
Labor, Employment and Benefits
ActiveLight
Boxlight
Heald College
Municipality of Anchorage
Simpson Investment Company
Light Sciences Corporation
NightHawk Radiology Services, LLC
Speakeasy, Inc.
EQUITY RESIDENTIAL
PROPERTIES TRUST
Amazon.com, Inc.
Equity Residential Properties Trust
LM BERRY COMPANY
ASRC Energy Services
Era Aviation Inc.
Pike Place Market PDA
Tatley-Grund, Inc.
MCDONALD’S
CORPORATION
BHP BILLITON
20
LM Berry Company
TATLEY-GRUND, INC.
BHP Billiton
Executive Real Estate Inc.
McDonald’s Corporation
POP! Multimedia
Tiger Hill Entertainment LLC
Boeing Employees Credit Union
Green Diamond Resource Company
Merrill Gardens LLC
Seattle Theatre Group
Valve Corporation
Labor, Employment
and Benefits
Employment law can be one of the most pressing concerns for any
company, from a start-up hiring its first employee to a Fortune 500
corporation facing a class action. Preston Gates labor, employment
and benefits attorneys can help make sense of the vast employment
and labor laws, responding to employment issues, offering counsel
regarding policies and compliance, providing benefits advice, and
acting as litigator or advocate when an employment or benefits claim
does arise.
In addition to assisting clients in responding to an array of
employment issues from employee termination to disability
accommodation to discrimination, we counsel clients regarding wage
and hour law, personnel policies and handbooks, traditional labor
law challenges by unions, dealing with whistleblowers, employment
issues in business transactions and compliance with immigration
laws impacting the workplace.
Preston Gates provides a full range of employee benefits related
services including tax, labor, securities, regulatory and legislative, real
estate investment, litigation and fiduciary issues, as well as advice
relating to all aspects of the Employee Retirement Income Security
Act of 1974 (ERISA). Our seasoned team provides advice with
respect to qualified retirement, tax-deferred annuity, stock, deferred
compensation and welfare benefit (e.g., life, disability and health)
plans. We serve as general or special counsel to corporate employers,
including publicly traded, closely held and non-profit organizations,
that maintain one or more tax-qualified retirement, employee stock
ownership, incentive stock option, deferred compensation, employee
stock purchase plans and/or welfare plans. We provide ongoing
advice with respect to these plans, and we advise clients concerning
non-qualified stock and deferred compensation plans for selected
management employees.
21
Life Sciences and Healthcare
ADVANCED RENAL
TECHNOLOGIES, INC.
Advanced Renal Technologies, Inc.
International licensing agreements
Hawaii Pacific Health
Research compliance counseling
MS Hub
General counsel
Allen Institute for Brain Science
Intellectual property and tax counsel
ID Biomedical
Acquisition of Shire Biologics
NaniRx
Intellectual property counseling
U.S. counsel
AMDL, Inc.
AMDL, Inc.
PIPE offering / S-3 registration of common
stock and warrants
Biocodex International Inc.
FDA and intellectual property counseling
Cardiome Pharma Corp.
Licensing and stock purchase transaction
with Fujisawa Healthcare
NightHawk Radiology Services, LLC
Acquisition of DayHawk Radiology
Services, LLC
Inovise Medical, Inc.
Research transactions and regulatory
compliance counseling
OCEAN PARTNERS
Integra Ventures
General counsel and investment advice
PACIFIC BIOSCIENCE
LABORATORIES, INC.
Ocean Partners
Purchase of membership interest of Source
Scientific, LLC from Boston Biomedic
Pacific Bioscience Laboratories, Inc.
Angel round financing
U.S. counsel
Isis Pharmaceuticals, Inc.
Intellectual property counseling
CDG THERAPEUTICS,
INC.
CDG Therapeutics, Inc.
Seed financing
Intellectual property counsel
Convergence CT
HIPAA and research compliance counsel
Everett Laboratories, Inc.
Intellectual property counseling and litigation
GEORGE WASHINGTON
UNIVERSITY
George Washington University
Research transactions and regulatory
compliance counseling
MannKind Corporation
Intellectual property counseling
Medlogics Device Corporation
Intellectual property counseling
Medtronic, Inc.
Intellectual property counseling
Medtronic Vascular
Intellectual property counseling
PrimeGen Biotech LLC
Intellectual property counseling
The Scripps Research Institute
Intellectual property counseling
Spectrum Pharmaceuticals, Inc.
Intellectual property counseling
TrialTech
Research compliance and HIPAA counseling
Vitamin Research Products
Intellectual property litigation
Life Sciences and
Healthcare
The life sciences and healthcare practices at Preston Gates are proud to
have worked with numerous organizations focused on improving the quality
of life through the application of science and technology.
We understand the factors behind successful life sciences and healthcare
ventures, and bring to bear years of experience working with startups
to Fortune 500 companies. We have helped emerging and established
biotechnology, diagnostics, pharmaceutical, medical device, bioinformatics
and healthcare companies in a broad range of legal issues associated
with launching, growing, managing and protecting highly successful
organizations. We also represent leading universities and research
institutions as they develop and commercialize their technologies.
Additionally, we work with many entities that provide life blood to life
sciences and healthcare organizations through strategic capital investments.
funding, build strategic alliances, prepare employment policies and
programs, develop facilities and plan tax strategies. We also are recognized
leaders in intellectual property litigation and aggressively defend clients’ IP
rights in infringement or misappropriation disputes. Many of our attorneys
and technical professionals have years of laboratory bench experience and
advanced degrees in cell and molecular biology, immunology, chemistry,
antibody technology, engineering and other core sciences.
Our healthcare attorneys serve individuals as well as public and private
entities involved in the delivery of healthcare services and information. Our
clients range from individual physicians, physician groups and professional
associations to academic medical centers, hospitals, pharmacies, long-term
care facilities, government providers and insurers.
Our life sciences attorneys work with clients to develop, protect and
commercialize their technology assets, obtain FDA approvals, secure
23
Litigation
When faced with legal disputes, it pays to have experience on your
side. Preston Gates litigated the first jury trial in the United States
that established insurance coverage for environmental cleanups, and
acted as lead counsel to the state of Alaska in the Exxon Valdez oil
spill litigation. Our lawyers handle cutting-edge technology litigation,
such as the Apple v. Microsoft (“Macintosh look and feel”) and Sun
v. Microsoft (“Java”) cases. We regularly represent clients in complex
commercial disputes, state and federal antitrust claims, franchise
cases, alleged violations of consumer protection laws, insurance and
reinsurance coverage disputes, securities investigations and lawsuits,
litigation involving closely held corporations and partnerships, and a
broad range of employment law issues.
We have litigated matters concerning product liability, land use
and the environment, school districts, government contracts, local
government and a wealth of municipal issues. We have broad
industry litigation experience, including technology, energy/utilities,
Document Analysis Technology Group
Creating order out of the chaos of document discovery can be
challenging and expensive. The skilled attorneys in our Document
Analysis Technology Group (DATG) have pioneered new ways to
provide electronic discovery services through a unique combination of
business process and state-of-the-art technology to manage discovery
time and cost.
From document retention planning and collections to privilege review
and litigation support, our comprehensive suite of services is designed
to assist clients in any stage of discovery or review. DATG’s review
24
telecommunications, maritime and real estate. Additionally, clients
employ us for a variety of family law matters. Preston Gates attorneys
have successfully challenged term limits legislation, defended dual
majority local government structures, challenged state election
systems, litigated the constitutionality of municipal ordinances, and
defended media clients in defamation and invasion of privacy actions
on First Amendment grounds.
Our experienced trial and appellate lawyers offer clients a national
and international litigation capability. We represent the interests
of clients from the US and abroad in all areas of the law, at all
levels of state and federal courts, before administrative tribunals,
before governmental bodies, including legislative councils, hearing
examiners, appeal boards and regulatory and enforcement agencies,
and in domestic and foreign alternative dispute resolution settings.
attorneys use Attenex® Patterns®, a document mapping technology
developed by Attenex Corporation, a company originally formed by
Preston Gates, to help them efficiently and effectively review massive
amounts of electronic documents. Patterns™ reduces the volume of
documents to be reviewed, identifies the relevant concepts contained
in a particular dataset and presents them to the reviewer in a way
that expedites review, without compromising quality. In the past two
years, DATG has processed more than 5,000 gigabytes of electronic
documents, which is the approximate equivalent of 250,000,000
pages or 83,000 boxes of paper documents.
Litigation
Air France
In 2004, the U.S. Department of Justice (DOJ) and the European
Commission approved a merger between Air France and KLM in
Family Law Matters
the first major cross-border merger in decades. With the merger
Preston Gates handled family law matters in which more than
approval, Air France/KLM became the world’s largest airline by
$1.6 billion in assets either moved between parties or provided
revenue. Under the new structure outlined by the airlines, Air
for division via dissolution decree, prenuptial or postnuptial
France and KLM retain their corporate identities and together serve
agreements.
226 destinations worldwide, operating a fleet of about 540 aircraft.
Preston Gates assisted Air France in navigating the DOJ’s merger
review process. Notwithstanding its size and scope, the merger
was cleared without the issuance of a Second Request.
Auberge Resorts v. Ty, Inc.
Ferris Baker Watts, Inc.
In a multi-million dollar fraud and breach of contract action
Preston Gates successfully obtained a significant ruling from the
involving the historic San Ysidro Ranch in Santa Barbara,
district court in ongoing securities fraud litigation on behalf of Ferris
Preston Gates secured full amount of monies owed by current
Baker Watts, Inc. The district court upheld out-of-state state law
owner Ty Warner plus attorneys fees on the eve of trial.
racketeering claims (New Jersey) even though in an earlier decision,
the court had refused to allow federal racketeering claims because
California Department of Social Services
of the exclusion to such claims contained in the 1995 Securities
Preston Gates represented the California Department of Social
Litigation Reform Act. The court, based on a conflict of laws analysis,
Services in its appeal of $175 million in penalties levied by
decided to uphold the New Jersey racketeering claims and apply the
the USDA’s Food and Nutrition Service (“FNS”) for alleged
out-of-state law even though the forum state (Minnesota) did not
mismanagement of California’s Food Stamp Program in 2001 and
have a comparable racketeering statute. The significance of this
2002. After months of litigation before a USDA Administrative
decision is that it allows our client to seek treble damages based
Law Judge, FNS waived all penalties in return for California’s
on the state law racketeering claims. This is the first case we have
waiver of certain reimbursements for improved performance and
found in which a court expressly upheld state law racketeering claims
its commitment to invest $20 million over a five-year period to
in a case of this type.
improve the payment accuracy of its Food Stamp Program.
Clark County Criminal Defense Lawyers for
Indigent Persons
Preston Gates represented four criminal defense attorneys for
indigent persons in Clark County, Washington in actions brought
Waste Management
by the FTC and the Washington State Attorney General. These
Preston Gates routinely advises the company on the antitrust
attorneys were charged with forming and leading a consortium
implications of proposed mergers and represents the company before
through which they and others collectively (1) demanded higher fees
federal and state agencies in connection with merger investigations
from the county for defending homicide, attempted homicide and
and other inquiries involving competition issues. Our team was
other felony cases, and (2) engaged in refusals to accept certain
successful in obtaining approval of divestitures in several markets in
new cases until their alleged demands were met. These price-fixing
2004, which permitted the company to pursue strategic acquisitions.
and group boycott charges were successfully resolved through a
consent decree in which our clients admitted no liability and paid
no penalties.
Policy and Public Law
Preston Gates represents clients’ interests in the nation’s capital
before Congress, the courts, and the Executive Branch and regulatory
agencies. Our firm was one of the first to combine these practices
under one roof, founding an office in Washington, D.C. more than 30
years ago. Since then, our policy and public law practice has been
helping clients effectively address their critical legal, policy and
political challenges and opportunities.
• Preston Gates worked on behalf of The American Institute of
Our policy practice ranks nationally among the top 10 law and
lobbying firms (Influence, March 16, 2005). We combine substantive
knowledge, detailed understanding of the policy process, and access
to key decision-makers.
• Preston Gates helped the Burlington Northern and Santa Fe
In 2004, our tax policy team provided extraordinary coverage of the
JOBS tax bill, the most significant corporate tax reform bill in 20
years, and saved millions of dollars for several of our clients. Working
with members and senior staff of the Ways and Means, Finance, and
Joint Tax committees, as well as Senate and House leadership, the
firm’s professionals not only blocked tax provisions that would have
cost clients millions of dollars, but also helped clarify language that
ensured tax benefits for industries that employ thousands of American
workers.
• The initial version of the corporate tax bill would have unfairly
denied tax benefits for work done at the three U.S. coffeeroasting plants operated by Starbucks. Our team helped secure
language that makes it clear that work done at the roasting plants
qualifies for the benefit. The change had a significant financial
impact for Starbucks.
26
Architects to add architectural and engineering services to a
classification of work that qualifies for an exemption under the
tax bill. Our team helped spearhead the amendment on the
Senate floor, drafting language to garner support and directly
lobbying members with influence over the bill. The changes are
worth millions of dollars for the two industries.
Railway Company obtain the repeal of the special diesel fuel tax
that the railroad and barge industries have been required to pay
towards “deficit reduction” since 1990. Repeal of the excise tax
will free up more than $180 million a year that the rail industry
can use for new investments in track, equipment and facilities.
These investments will benefit customers, employees and
shareholders, as well as the economy as a whole.
• Our team also represented Brown-Forman Corporation, one of
the largest American-owned companies in the wine and spirits
business, in securing a beneficial base period for the phase-out
of export tax incentives. This kind of consideration will help
companies like Brown-Forman that are major exporters of
U.S. products.
Policy and Public Law
We are proud of the nationally recognized grants
and appropriations team at Preston Gates. Our team
$109 million for a Midwest automotive supplier
$10.1 million for a nonprofit alternative energy
specializing in technologically advanced systems,
technology group to fund a mobile microgrid project
modules and components for manufacturers of light
and a biodiesel demonstration project.
works hard to find funding opportunities for our
clients to help them meet and exceed their goals.
vehicle, commercial truck, trailer and specialty original
In 2004, we assisted clients in securing hundreds
equipment for multiple projects related to development
of a family of medium tactical vehicles and armored
$7.5 million for a client in the Pacific Northwest
security vehicles.
for construction of a new agricultural research
of millions of dollars in federal appropriations for a
facility; defense advanced research projects including
$60 million for expansion and improvements of
the Los Angeles Metro Transit Authority’s gold line
metro system.
$24.7 million for a Northwest economic development
organization and local small businesses for multiple
projects, including environmental programs; fuel cell
technology for an energy conversion project; hazardous
development of a P3 power system; and porous
feeding research and development for two branches of
the U.S. military.
$7.5 million for the positive train control research
$3.4 million for an economic development organization
and development program for a major rail equipment
in the Pacific Northwest for programs including funding
manufacturer and major rail carrier.
for an environmental aquifer study from two different
sources, rail projects, and construction of training
materials management and emergency response;
broadband infrastructure projects related to electronic
data interchange initiatives; and research and
development for remote-based power demonstrations.
variety of projects.
materials research and soldier systems and combat
$2 million for a nonprofit engineering organization
serving the water and sanitation needs of developing
countries and disaster areas for clean water
demonstration projects in Africa and South America.
facilities at a local military base.
$5 million for a client in the South for research and
development related to hypersonic vehicle electric
power systems, agricultural research programs focused
on alternative domestic energy resources, expansion of
$21.2 million for a manufacturer of high-tech
a law enforcement innovation system, and horticulture
fabrics for defense-related projects including
research and development focused on gene resistance
development of an extended cold weather clothing
and rapid deployment techniques.
$2.8 million for an industry-leading nanotechnology
company for development of nanotechnology-based
white LEDs, which increase luminosity, and research
and development of mesh fabric to protect soldiers
from biological and chemical threats.
$2 million for a nonprofit research and development
institution for projects related to defense supply
chain practices, a conservation program and a health
technology center.
system; multi-climate protective clothing system;
$2 million for an alternative energy company focused
mountain cold weather clothing and equipment
program of integrated clothing for expeditionary
$3.5 million for the locomotive research and
on commercialization of reliable, cost-effective power
$950,000 to support a math and science center for a
operations; and rugged textile electronic garments
development program for one of the largest rail
sources for research and development related to
small, private university that had never before sought
with integrated sensor technology for combat apparel.
carriers in North America.
integrated fuel processors and fuel cell systems.
an earmark.
27
Public Finance
When it comes to choosing a law firm to help in financing public
projects, invest in experience. Preston Gates’ public finance practice
is the largest in the Northwest, in terms of the number of attorneys
who practice in the area, the number of financings, and the dollar
volume of transactions we handle each year. In 2004, the firm served
as bond counsel for the issuance of more than $5.89 billion in
bonds, ranking first in the states of Washington and Oregon, and 10th
nationally. These achievements make one thing clear: clients have
confidence in Preston Gates’ public finance attorneys.
Preston Gates recognizes the importance of having local counsel that
understands the nuances of local law and custom, as well as federal
tax and securities laws. Our attorneys serve as bond counsel for state
and local governments, as well as counsel to underwriters, trustees
and credit providers.
28
As bond counsel, we handle a variety of transactions, including
general obligation bonds, utility revenue bonds, assessment
bonds, short-term obligations, lines of credit, lease financings, tax
increment financing, swaps, 501(c)(3) financing, housing, industrial
development and other types of private activity bonds.
More than just bond counsel, Preston Gates’ attorneys also assist
municipalities with procurement and competitive bidding,
planning and zoning, elections, open meetings and public records,
and litigation.
We work principally with issuers in Alaska, Washington, Oregon, Idaho
and California, and have represented hundreds of public clients from
school districts to ports to public utility districts for more than three
quarters of a century.
Public Finance
ABERDEEN SCHOOL
DISTRICT NO.5
Aberdeen School District No.5, Washington
$9,840,000
Unlimited Tax General Obligation Bonds,
Series 2004
Municipality of Anchorage, Alaska
$41,215,000
Water Revenue and Refunding Bonds, 2004
and Wastewater Revenue Bonds, 2004
CITY OF ASTORIA
AUBURN SCHOOL
DISTRICT NO. 408
City of Astoria, Oregon
$800,000
Road Levy Revenue Loan Agreement and
Note, 2004
Auburn School District No. 408, Washington
$27,785,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
Bainbridge Island School District No. 303,
Washington
$20,285,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
City of Bellevue, Washington
$102,710,000
Limited Tax General Obligation Bonds, 2004
(New City Building)
Public Utility District No. 1 of Benton County,
Washington
$10,000,000
Electric Revenue Note (Line of Credit), 2004
City of Blaine, Washington
$4,435,000
Electric Revenue Refunding Bonds, 2004
Fairbanks North Star Borough, Alaska
$14,164,000
General Obligation School Bonds, 2004
Series G
Public Utility District No. 1 of Cowlitz County,
Washington
$42,180,000
Production System Revenue Bonds, 2004
LAKE WASHINGTON
SCHOOL DISTRICT
NO. 414
Lake Washington School District No. 414,
Washington
$70,100,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
LEWIS COUNTY FIRE
PROTECTION DISTRICT
NO. 6
Lewis County Fire Protection District No. 6,
Washington
$820,000
Limited Tax General Obligation Bond, 2004
Town of Friday Harbor, Washington
$1,025,000
Water Revenue Refunding Bonds, 2004
Deschutes County, Oregon
$1,790,000
Full Faith and Credit Refunding Obligations,
Series 2004
GRAYS HARBOR
COUNTY PUBLIC
FACILITIES DISTRICT
Grays Harbor County Public Facilities
District, Washington
$10,000,000
Limited Sales Tax Bonds, 2004
Public Utility District No. 1 of Douglas
County, Washington
$18,420,000
Electric Distribution System Revenue and
Refunding Bonds, Series 2004
(counsel to underwriter)
City of Hillsboro, Oregon
$26,415,000
Full Faith and Credit Bonds, Series 2004
Energy Northwest
$254,345,000
Project 1 Columbia Generating Station and
Project 3 Electric Revenue Bond Anticipation
Notes, 2004 (Taxable)
Issaquah School District No. 411,
Washington
$25,485,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
Medford Urban Renewal Agency, Oregon
$9,500,000
Urban Redevelopment Bond, Series 2004
®
$63,620,000
Project 1 Electric Revenue Refunding Bonds,
Series 2004-A and 2004-B (Taxable)
$461,685,000
Columbia Generating Station Electric Revenue
and Refunding Bonds, Series 2004-A and
2004-B (Taxable)
$85,350,000
Project 3 Electric Revenue Refunding Bonds,
Series 2004-A and 2004-B (Taxable)
ISSAQUAH SCHOOL
DISTRICT NO. 411
Northshore School District No. 417,
Washington
$64,745,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
City and Borough of Juneau, Alaska
$19,445,000
General Obligation School Bonds, 2004A,
2004B (Taxable) and 2004C
King County, Washington
$164,000,000
Unlimited Tax General Obligation Bonds,
(Harborview Medical Center) Series 2004
and 2004B
Everett School District No. 2, Washington
$16,980,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
$246,760,000
Sewer Revenue Bonds, Series 2004A and
Sewer Revenue Refunding Bonds,
Series 2004B
Evergreen School District No. 114,
Washington
$30,000,000
Unlimited Tax General Obligation Bonds, 2004
King County Directors Association
Purchasing Department, Washington
$12,000,000
Commercial Paper Notes, Series 2004-05
City of Ocean Shores, Washington
$4,500,000
Limited Tax General Obligation Bond
Anticipation Note, 2004
CITY OF ONTARIO
Coupeville School District No. 204,
Washington
$22,860,585
Unlimited Tax General Obligation Bonds, 2004
City of Ontario, Oregon
$830,650
Limited Tax Improvement Bond
(Local Improvement Districts No. 44 and
No. 45), Series 2004
State of Oregon
$786,960,000
Full Faith and Credit Tax Anticipation Notes,
2004 Series A
STATE OF OREGON
COUPEVILLE SCHOOL
DISTRICT NO. 204
City of Moses Lake, Washington
$7,015,000
Water and Sewer Revenue Bonds, 2004
State of Oregon Department of
Administrative Services
$51,770,000
Certificates of Participation, 2004 Series B;
$29,475,000 Refunding
Certificates of Participation, 2004 Series C
29
Public Finance
Port of Seattle, Washington
$24,710,000
Revenue Refunding Bonds, Series 2004
(Taxable)
Oregon School Boards Association
$467,820,000
Limited Tax Pension Obligations, Series 2004
(Federally Taxable)
$298,810,000
Limited Tax General Obligation and Refunding
Bonds, Series A/B/C
City of Portland, Oregon
$91,800,000
Water System Revenue and Refunding Bonds,
2004 Series A and Series B
City and Borough of Sitka, Alaska
$12,000,000
General Obligation Bond, 2004
(Alaska Municipal Bond Bank Loan)
Port of Portland, Oregon
2004 Interest Rate Exchange Agreements
The Portland Public Schools, Oregon
Full Faith and Credit Refunding Bonds,
Series 2004
REDMOND
COMMUNITY
PROPERTIES
RICHLAND PUBLIC
FACILITIES DISTRICT
SKAGIT COUNTY FIRE
PROTECTION DISTRICT
NO. 6
Redmond Community Properties
$39,230,000
Lease Revenue Bonds, Series 2004 (City of
Redmond, Washington, City Hall Project)
Salem-Keizer School District No. 24J, Oregon
$2,190,000
Full Faith and Credit Refunding Obligations,
Series 2004
Southwestern Oregon Community College
District
$9,855,000
Full Faith and Credit Obligations, Series 2004
San Juan County, Washington
$3,770,000
Limited Tax General Obligation Bonds, 2004
Seattle Popular Monorail Authority
$150,000,000
Motor Vehicle Excise BAN, 2003
(Increase of Principal Amount)
30
TUMWATER OFFICE
PROPERTIES
STANWOOD-CAMANO
SCHOOL DISTRICT
NO. 401
Stanwood-Camano School District No. 401,
Washington
$17,205,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
$82,655,000
Electric System Revenue Bonds, 2004 Series A
$33,500,000
Single-Family Mortgage Revenue Bonds,
2004 Series 3A and 2004 Series 3N
$7,390,000
Multifamily Mortgage Revenue Bonds
(GNMA Mortgage Backed Securities Program:
International House Project),
Series 2003A and Series 2003B (Taxable)
$1,100,000
Nonprofit Revenue Bond
(Streamlined Tax-Exempt Placement Program:
Whatcom Family YMCA Project), Series 2004
Tumwater Office Properties
$56,805,000
Lease Revenue Bonds, 2003
(Washington State Office Building)
$10,310,000
Variable Rate Demand Nonprofit Housing
Refunding Revenue Bonds (Judson Park
Project), Series 2004A and Series 2004B
(Taxable)
University of Washington
$20,410,000
Parking System Revenue and Refunding
Bonds, Series 2004
CITY OF VANCOUVER
Public Utility District No. 1 of
Snohomish County, Washington
$88,550,000
Electric System Revenue Bonds, Series 2004
Washington State Housing Finance
Commission
$12,925,000
Variable Rate Demand Multifamily Revenue
Bonds (Columbia Heights Retirement Project),
Series 2004A and Series 2004B (Taxable)
Tillamook People’s Utility District, Oregon
$6,125,000
Revenue Bond, Series 2003
Snohomish County Public Transportation
Benefit Area Corporation, Washington
$12,000,000
Limited Sales Tax General Obligation Bonds,
Series 2004
Richland Public Facilities District,
Washington
$7,000,000
Limited Sales Tax Bonds, 2004
$70,000,000
Motor Vehicle Excise Tax BAN, 2003
(Exchange of Note)
Skagit County Fire Protection District No. 6,
Washington
$1,295,000
Limited Tax General Obligation Bonds, 2004
City of Tacoma, Washington
$109,875,000
Limited Tax General Obligation Bonds, 2004,
Convention Center and Parking Revenue
Bonds, Series 2004 and Amendments to the
Bond Anticipation Notes, Series 2A/B/C
Washington State University
$16,600,000
Housing and Dining System Revenue Bonds,
Series 2004
City of Vancouver, Washington
$26,250,000
Water and Sewer Revenue Refunding Bonds,
2004
Washington Economic Development
Finance Authority
$38,225,000
Lease Revenue Bonds, Series 2004A
(Washington Biomedical Research Properties I)
Washington Higher Education
Facilities Authority
$20,265,000
Revenue Bonds (Gonzaga University Project),
Series 2004
Washington Student Loan Finance
Association
$128,650,000
Education Loan Revenue and Refunding
Bonds, Senior 2004 Series A-1 and A-2
CITY OF WENATCHEE
City of Wenatchee, Washington
$8,205,000
Water and Sewer Revenue Refunding
Bonds, 2004
White River School District No. 416,
Washington
$28,200,000
Unlimited Tax General Obligation Refunding
Bonds, 2004
Public Finance
2004 Bond Counsel Rankings
#1 in Washington
#1 in Oregon
#10 in the United States
Handling more than $5.89
billion in issues, Preston
Gates earned Thomson
Financial’s number-one bond
counsel ranking for 2004
in Washington and Oregon,
as well as the number-ten
ranking nationally.
1000 FRIENDS OF
OREGON COOPERATING
ATTORNEY PROGRAM
Pro Bono
1000 Friends of Oregon Cooperating
Attorney Program
Representation of Oregon Shores Conservation
Coalition on a land use appeal of a PUD
approval
Climate Solutions
Regulatory advice relating to smart energy
development and implementation
CONSERVATION
STRATEGY FUND
ACLU
Various cases involving First Amendment,
equal protection issues
Court Appointed Special Advocate (CASA)
Volunteer attorneys for the King County
Dependency Court Appointed Special Advocate
(CASA) Program, advocating in court on behalf
of abused and neglected children
Action alleging that Washington’s marriage
laws unconstitutionally discriminate against
gay and lesbian couples and their children
ALASKA LEGAL
SERVICES
CORPORATION
Preston Gates has a long and cherished tradition of providing pro bono legal
representation and performing other public service work in our communities. The firm
believes that every attorney has the professional responsibility to provide such services
and encourages its members to undertake work in areas that are meaningful to them.
Firm leadership consciously encourages all lawyers to give part of their time and talent
to public causes aimed at strengthening the ability of laws and institutions to serve
public needs.
ASYLUM APPLICANTS
Washington State Supreme Court Amicus
Brief in support of a position advanced by
the Prison Legal News under the Public
Disclosure Act
Democratic Party of Washington State
Defense of the Ninth Circuit’s decision
declaring the Washington Blanket Primary
unconstitutional
Alaska Legal Services Corporation
Representation of low-income individuals
needing civil legal assistance, and teaching
at family law clinics
E.B. Dunn Historic Garden Trust
Ongoing legal representation for Olmsteddesigned garden in Seattle, helping to lead to
recognition as a 2005 Restore America Site by
the National Trust for Historic Preservation
and Save America’s Treasures
The Arc of Washington
Filing of appellate brief in Ninth Circuit
FareStart
Representation regarding acquisition and
financing of commercial property
Asylum Applicants
Representation of individuals in asylum
cases before the U.S. Citizen and Immigration
Services Bureau
Fullerton Historic Theatre Foundation
Advice on various intellectual property, tax,
corporate, and environmental issues; assist
with drafting and negotiating purchase
agreement for historic theater
Bread of Life Mission
Assistance to homeless shelter for recovering
male drug addicts with formation of
subsidiary company that will operate a lunch
catering business to provide job training to
men in the rehabilitation program
Preston Gates attorneys typically handle more than 250 pro bono matters a year,
including litigating civil rights cases; establishing and advising nonprofit organizations;
assisting nonprofit community organizations in transactions and representing indigent
persons in landlord-tenant, family law, bankruptcy, and immigration matters.
Cascade Land Conservancy
Assistance with the securities and tax law
analysis in connection with the Cascade
Investment Fund, which is a fund established
to acquire property for conservation
Central District Forum for Arts & Ideas
Employment advice
CENTRAL LUTHERAN
CHURCH
32
Conservation Strategy Fund
Employment advice
Central Lutheran Church
Employment and litigation matters
GIRL SCOUTS TOTEM
COUNCIL
HABEAS CORPUS
APPEAL
Girl Scouts Totem Council
Assistance with litigation and
land use matters
Habeas Corpus Appeal
Appellate representation of defendant in
habeas corpus appeal by appointment from
U.S. Court of Appeals, Eighth Circuit
Herzl-Ner Tamid
Employment advice
Inland Northwest Land Trust
Assistance to nonprofit land conservation
organization in acquiring and managing
conservation property and conservation
easements in eastern Washington and
northern Idaho
Pro Bono
INTERNATIONAL
FOUNDATION FOR
EDUCATION AND
SELF-HELP
JEWISH FEDERATION
OF GREATER SEATTLE
International Foundation for Education and
Self-Help
Counsel for foundation in contract litigation
LUTHERAN SOCIAL
SERVICES OF THE
NORTHWEST
Jewish Federation of Greater Seattle
Employment advice
Mercy Corps
Advice on insurance coverage and assistance
with creative micro-financing solutions for
a small business loan fund organization in
Kazakhstan
MOUNT SPOKANE
SKI PATROL
King County Bar Association
Neighborhood Legal Clinics
More than 20 attorneys volunteer at six local
legal clinics
MS Hub
General counsel
Lambda Legal
Cooperating attorney for Lambda Legal in
Andersen v. King County (marriage rights of
same-sex couples)
Social Venture Partners-International
General counsel and assistance on corporate,
compliance and contract issues
Northwest Immigrant Rights Project
Serve as cooperating attorneys in political
asylum claims
Social Venture Partners-Seattle
General counsel and assistance on corporate,
compliance and contract issues
OAKLAND
YOUTH CHORUS
OREGON STATE BAR
USAID’s Bosnia FILE Project
Assistance to the USAID team and Chemonics
International for a project concerning new
Bosnia legal system provisions for making and
enforcing loans secured by real property, to
enable mortgage lending
Oakland Youth Chorus
Employment advice
Oregon State Bar
Volunteer prosecutor services in matters
regarding ethics violations
P-Patch Land Trust
Assistance with closing a donation and
purchasing property to be used as an urban
community garden site under the city of
Seattle’s P-Patch program
VIRTUAL MUSUEM
OF THE TRIBAL ARTS
(UNIVERSITY OF
WASHINGTON)
Virtual Musuem of the Tribal Arts
(University of Washington)
Intellectual property counsel to the University
of Washington in connection with the creation
of a digital archive of Pacific Northwest
cultural and historic items
VOLUNTEER
ADVOCATES FOR
IMMIGRANT JUSTICE
Volunteer Advocates for Immigrant Justice
Representation of detained immigrants
WASHINGTON
LAWYERS FOR
THE ARTS
NATIONAL BASEBALL
HALL OF FAME
National Baseball Hall of Fame
General representation on a range of
Washington, D.C. issues
National Governors Association
Contract review for 2004 annual meeting
in Seattle
National Multiple Sclerosis Society
Employment and health care advice
Legal Foundation of Washington
General counsel
NEPAL HOPE
FOUNDATION
Nepal Hope Foundation
Assistance in forming a nonprofit corporation
for the purpose of serving the poor in Nepal
Washington Lawyers for the Arts
Legal counseling and representation for
artists, authors and nonprofit arts groups
PROTECTION ORDER
REVISION TEAM
Protection Order Revision Team
Assistance to victims of domestic violence in
obtaining protection orders
SAN FRANCISCO BAR
ASSOCIATION EARLY
SETTLEMENT
PROGRAM
San Francisco Bar Association Early
Settlement Program
Service to San Francisco Superior Court as
Special Settlement Master
Washington Trails Association
Counsel for intervenors in state constitutional
litigation concerning the use of Washington
state gasoline taxes for non-highway road
recreational facilities
Seattle Audubon Society
Intellectual property and business project
counseling
Whatcom County Public Utility District No. 1
Advice regarding dairy waste biogas-to-energy
project
Music Center of the Northwest
Employment advice
League of Women Voters of Portland
Litigation regarding the grant of “tax credits”
to a real estate developer by the city of
Portland
Lines Ballet
Tax abatement
Mount Spokane Ski Patrol
Counsel with respect to litigation, risk
management and regulatory issues
North Cascades Conservation Council
Counsel for intervenors in state constitutional
litigation concerning the use of Washington
state gasoline taxes for non-highway road
recreational facilities
Northwest Independent Power Producers
Association
Legal advice and assistance with ongoing
corporate, tax and regulatory matters
Mountains to Sound Greenway Trust
Land use advice and litigation representation
to the Greenway in pursuing its goals to
protect Greenway landscape along the I-90
corridor from Seattle to Cle Elum
King County Bar Association
Volunteer Legal Services Program
Representation of clients in landlord-tenant
and collections disputes
Lambert House
Counsel with respect to corporate,
employment and contract issues
NORTH CASCADES
CONSERVATION
COUNCIL
Make-A-Wish Foundation
Volunteer attorneys for the Make-A-Wish
Foundation of Alaska, Montana, Northern
Idaho and Washington, providing employment,
real estate, intellectual property, trusts and
estates and other legal counsel
Kidney Cancer Association
General corporate counsel, including revision
of bylaws and preparation of corporate
minutes; advice on privacy matters related to
Internet communications involving medical
information and corporate governance issues;
and counsel on embezzlement matter
King County Bar Association
Legal Services for the Homeless
Recurring legal counseling and representation
for residents of transitional housing
Lutheran Social Services of the Northwest
Advice and representation on
employment matters
Seattle Gay Clinic
Corporate counsel on distribution of assets
Seattle Men’s Chorus
General counsel and advice on bylaws,
contracts and employment issues
WHITTIER AREA
HEALTH PARTNERSHIP
THE YOUNG EIGHT
Whittier Area Health Partnership
Advice on various intellectual property,
corporate and health care issues
The Young Eight
Advice on corporate and intellectual property
issues
33
Environmental Coalition of South Seattle
Board of Directors
ACLU
Board of Directors
Public Service
AMERICAN BAR
ASSOCIATION
ArtsFund
Board of Directors
Beta Alpha Building Corporation of the
Pi Kappa Alpha Fraternity
Board of Directors, President
BULLITT FOUNDATION
CALIFORNIA
NEWSPAPER
PUBLISHERS
ASSOCIATION
In addition to providing pro bono legal representation, Preston Gates attorneys are involved
in a multitude of community-building activities at all levels. A selection of these activities
is noted on the following pages.
CAMP FIRE USA
Environmental Traveling Companions
Board of Directors
American Bar Association
House of Delegates Member, State Delegate
Former Secretary, Former Goal VIII Task Force
Chair, Governance Commission Chair, Former
FJE Chair, ABE Director, and Former Young
Lawyers Section Chair
Bullitt Foundation
Board of Trustees Chair
Evergreen Safety Council
Board of Directors
FEDERAL BAR
ASSOCIATION OF THE
WESTERN DISTRICT
OF WASHINGTON
FIFTH AVENUE
THEATRE
FIRST HEBREW
CONGREGATION OF
OAKLAND, CA
Federal Bar Association of the
Western District of Washington
9th Circuit Vice President
Fifth Avenue Theatre
Board of Directors
First Hebrew Congregation of Oakland, CA
Board of Trustees
California Newspaper Publishers Association
Board of Directors
Fordham Street Foundation
Founder
Camp Fire USA
Finance Committee
Forest Ridge School of the Sacred Heart
Board of Trustees and Capital Campaign
Steering Committee
Cascade Land Conservancy
Council of Advisors Chair
Central District Forum for Arts and Ideas
Board of Directors Chair
CENTRAL LUTHERAN
CHURCH
DARTMOUTH COLLEGE
34
Central Lutheran Church
Treasurer
Foundation for Russian/American
Economic Cooperation
Board of Directors
Fred Hutchinson Cancer Research Center
Executive Industry Board
City of Seattle Office of Arts &
Cultural Affairs
Chair, Seattle Arts Commission
Futurewise
Board of Directors
Dartmouth College
Board of Trustees Chair
Garfield High School Foundation
Event Subcommittee Chair
Public Service
GIRL SCOUTS TOTEM
COUNCIL
GREATER SEATTLE
CHAMBER OF
COMMERCE
Girl Scouts Totem Council
Board of Directors
Mountains to Sound Greenway Trust
Board of Directors President
Gonzaga University School of Law
Volunteer with moot court and student
mentor activities
Museum of History & Industry
Board of Directors Officer and Trustee
Greater Seattle Chamber of Commerce
Board of Directors Chair
Horizon House
Board of Trustees President
INTIMAN THEATRE
National Commission on Terrorist Attacks
Upon the United States
Commissioner
NATIONAL JUDICIAL
COLLEGE
RYTHER CHILD
CENTER
Ryther Child Center
Board of Trustees
UNIVERSITY OF
WASHINGTON LAW
SCHOOL FOUNDATION
Seattle Aquarium Society
Board of Directors
SEATTLE CENTER
FOUNDATION
Washington Conservation Voters
Board of Directors
Seattle Center Foundation
Board of Directors
Washington Digital Learning Commons
Board of Directors Chair
Seattle Central Community College
Foundation
Board of Directors
National Judicial College
Trustee
Washington State Democratic Party
Recount Director
Intiman Theatre
Board of Directors
Newport Beach Public Library
Board of Trustees
Seattle Parks Foundation
Board of Directors
North Oakland-South Oakland Little League
Board of Directors and Past President
Seattle Repertory Theatre
Board of Directors
Washington Wildlife & Recreation Coalition
Founding Board Member and Past President
Kidney Cancer Association
Board of Directors
King County Library System Foundation
Board of Trustees
KSER-FM
Board of Directors
Lambda Legal
Board of Directors, Co-Chair
LINCOLN ELEMENTARY
SCHOOL
Lincoln Elementary School
Member of Site Council
Make-A-Wish Foundation
Board of Trustees Chair
MERCER ISLAND
BOYS BASKETBALL
BOOSTER CLUB
MERCER ISLAND
PLANNING
COMMISSION
University of Washington
Law School Foundation
Board of Trustees
Mercer Island Boys Basketball Booster Club
Founding Board Member and President
Mercer Island Planning Commission
Chair
Mercy Corps
Board of Directors
NORTH OAKLAND
SOUTH OAKLAND
LITTLE LEAGUE
WASHINGTON WOMEN
LAWYERS
Seattle Symphony
Board of Directors
Northwest Chamber Orchestra
Board of Directors
Seattle Theatre Group
Board of Directors
Northwest Immigrant Rights Project
Board of Directors
Northwest Women’s Law Center
Board of Directors and VP of Development
Social Venture Partners
K-12 Grants Committee
Nursing Initiative Committee,
Hoag Hospital Foundation
Member
St. Andrew’s Housing Group
Board of Directors
Orange County Bar Foundation
President
STANFORD
LAW SCHOOL
Stanford Law School
Dean’s Strategic Council Member
Technology Alliance
Education Committee Co-Chair
Oregon Council for Hispanic Advancement
Board of Directors and Vice Chair
Rural Development Institute
Board of Directors
Washington Women Lawyers
President-Elect, Secretary, Member of
Executive Committee and Treasurer
UNIVERSITY OF
PUGET SOUND
University of Puget Sound
Board of Trustees
WESTERN
WASHINGTON
UNIVERSITY
Western Washington University
Board of Trustees
Whitman College
Board of Trustees Chair
YMCA
METROCENTER
SEATTLE
YMCA Metrocenter-Seattle
Board of Directors
YMCA OF GREATER
SEATTLE
YMCA of Greater Seattle
Director
YOUNG AUDIENCES
OF OREGON & SW
WASHINGTON
Young Audiences of Oregon &
SW Washington
Board of Directors
YWCA OF SEATTLE
KING COUNTY
SNOHOMISH COUNTY
YWCA of Seattle - King County Snohomish County
Board of Directors
35
www.prestongates.com
Offices
Anchorage
San Francisco
420 L Street
Suite 400
Anchorage, AK 99501-1971
Phone: (907) 276-1969
Fax: (907) 276-1365
55 Second Street
Suite 1700
San Francisco, CA 94105-3493
Phone: (415) 882-8200
Fax: (415) 882-8220
Beijing
Seattle
Suite 1003, Tower E3, Oriental Plaza
No. 1 East Chang An Avenue
Beijing 100738, China
Tel: +86 10 8518 8528
Fax: +86 10 8518 9299
925 Fourth Avenue
Suite 2900
Seattle, WA 98104-1158
Phone: (206) 623-7580
Fax: (206) 623-7022
Coeur d’Alene
Spokane
1200 Ironwood Drive
Suite 315
Coeur d’Alene, ID 83814-2660
Phone: (208) 667-1839
Fax: (208) 765-2494
601 West Riverside Avenue
Suite 1400
Spokane, WA 99201-0628
Phone: (509) 624-2100
Fax: (509) 456-0146
Hong Kong
Taipei
35th Floor, Two International Finance Centre
8 Finance Street, Central, Hong Kong
Tel: +852 2511 5100
Fax: +852 2511 9515
2/F, No. 131, Min Sheng E. Rd., Sec. 3
Taipei 105, Taiwan
Tel: +886 (2) 2717-6657
Fax: +886 (2) 2712-8264
Orange County
Washington DC
1900 Main Street
Suite 600
Irvine, CA 92614-7319
Phone: (949) 253-0900
Fax: (949) 253-0902
Preston Gates Ellis & Rouvelas Meeds LLP
1735 New York Avenue NW
Suite 500
Washington, DC 20006-5221
Phone: (202) 628-1700
Fax: (202) 331-1024
Portland
222 SW Columbia Street
Suite 1400
Portland, OR 97201-6632
Phone: (503) 228-3200
Fax: (503) 248-9085