Hunter Ferguson
Experience
Hunter Ferguson is a partner in the Litigation group and has a broad range of
experience with all phases of litigation in state and federal courts. Hunter devotes
considerable time to counseling clients on information privacy and cybersecurity
issues, including strategies for securing personally identifiable information (PII), data
breach incident response, and litigation. He also focuses a substantial portion of his
practice on appeals and has prepared merits and amicus briefing and petitions for
review and certiorari at every level of state and federal courts. Additionally, Hunter
has experience with product liability matters and a wide variety of commercial
disputes, including copyright, trademark, trade secrets, and employment litigation,
and he represents shippers and local governments in railroad matters. Hunter is the
founder of, and contributor to, Notice of Appeal -- The Stoel Rives Appellate Law
Blog.
Partner
Before joining Stoel Rives, Hunter was a law clerk for the Honorable Stephen J. Dwyer
Seattle, WA
at the Washington State Court of Appeals, Division I (2008-2010) and a law clerk for
(206) 386-7514 direct
the Honorable Sarah S. Vance at the United States District Court for the Eastern
(206) 386-7500 fax
District of Louisiana (2007-2008).
hunter.ferguson@stoel.com
Representative Work
Information Privacy and Cybersecurity

Counsel businesses regarding data breaches, malware attacks, incident response,
Education

J.D., 2007
forensic audits, customer notification duties.


University of Chicago Law School,
University of Chicago Law Review,
Advise clients regarding insurance coverage and development of sound
2005-2007
cybersecurity and information privacy plans.
Hinton Moot Court, Mulroy Prize, 2006
Successfully represented a group of seven public agencies in dispute with

Rotary Scholar, 2003-2004
payment card processing contractor regarding network security and
implementation of PCI data security standards.
University of Cape Town

Univ. of Virginia, B.A., 2000,
w/distinction
Dean's List
Significant Appellate Decisions

City & Cnty. of San Francisco v. Sheehan__ U.S. __, 135 S. Ct. 1765 (2015).

Grenning v. Miller-Stout, 739 F.3d 1235 (9th Cir. 2014).

Weidert v. Hanson, 178 Wn.2d 462, 309 P.3d 435 (Wash. 2013).
Echols Scholar
Admissions

Washington

U.S. District Courts for the Western
and Eastern Districts of Washington
Product Liability

Represented public transit agency in design defect case against bus manufacturer

U.S. Courts of Appeals for the Ninth,
D.C. and Federal Circuits

U.S. Supreme Court

U.S. Bankruptcy Appellate Panel of the
and engine heater manufacturer that resulted in a favorable settlement.
Ninth Circuit
Hunter Ferguson

Counsel to various pharmaceutical manufacturers in design defect and failure-to-warn disputes under Washington’s Product
Liability Act.

Member of defense team for Fortune 100 business in mass product liability action; coordinated summary judgment motions
resulting in dismissal of all fraud claims.
Commercial Litigation

Representing software development firm in complex contract, trade secrets, and copyright dispute.

Representing sellers of a healthcare business in complex contract, trade secrets, and tortious interference dispute.

Representing graphics firm in copyright and licensing agreement dispute.

Member of team that represents King County in construction dispute against tunneling contractor that resulted in $130 million
jury verdict; prepared successful motion for summary judgment of contractor’s differing site conditions claim.

Second chair at trial resulting in ruling that investment fund clients were not liable for breach in a c ontract dispute over
assignment of $75 million syndicated loan.

Represented data analytics and software development firm in Anti-Cybersquatting Protection Act and defamation suit against
former business associate that resulted in dismantling of offending websites.

Represented software development firm in complex contract and trade secrets dispute in both state court and bankruptcy court
and before the Bankruptcy Appellate Panel for the Ninth Circuit.

Represented international accounting firm in white-collar overtime exemption appeal in Washington state court resulting in
favorable ruling of reversal.

Counsel to sportswear apparel firm regarding trademark and branding issues.
Rail Transport

Ongoing advice to, and representation of, forest products and commodity manufacturers and shippers regarding freight claims
under the Carmack Amendment, the Surface Transportation Board’s regulation of rail service, and disputes with railroads over
rail service adequacy.

Ballard Terminal R.R. Co. – Acquis. & Op. Exemption – Woodinville Sub., FD 35731 (STB Dec. 30, 2014) and GNP Rly, Inc. –
Acquis. & Op. Exemption – Redmond Spur & Woodinville Sub., FD 35407 (STB June 15, 2011) – successfully defended the cities of
Kirkland and Redmond, WA, in rail-reactivation proceeding before the Surface Transportation Board, defeating railroads’ effort
to seize control of railbanked rail lines and protecting cities’ investments in rail corridors for development of interim tra ils.
Professional Honors and Activities

Listed among Rising Stars (Business Litigation), Washington Super Lawyers®, 2014-2015

Trial Academy, International Association of Defense Counsel (IADC), 2014

Member, William O. Dwyer Inn of Court

Volunteer attorney, King County Bar Association Housing Justice Project, 2011-2013
Hunter Ferguson

Volunteer attorney, Northwest Immigrant Rights Project, 2009-2012

Member, American Bar Association

Member, Washington State Bar Association

Member, King County Bar Association
Presentations

“The Privacy Office: An Introduction” (copresenter), Stoel Rives LLP, July 2015

“Rail Trail Property Rights Litigation” (copresenter), Washington State Association of Municipal Attorneys Annual Conference,
May 2015

"A Tale of Quiet Efficiency: King County's Success with Hybrid Buses" (copresenter), Association for European Transport Annual
Conference, Glasgow, Scotland, Oct. 2012

"Federal Court Boot Camp: How to Practice in Federal Court" (copresenter), Pincus Professional Education, Seattle, Washington,
Dec. 2011, 2012

"The Complete Appeal: State vs. Federal" (copresenter), Pincus Professional Education, Seattle, Washington, Dec. 2011, 2010
Publications

Washington Civil Procedure Deskbook (3d ed., 2015), various chapters (coauthor)

"The Confusing Standards for Discretionary Review in Washington and a Proposed Framework for Clarity" (coauthor), 38 Seattle
U. L. Rev, Sept. 2014

"No On-Off Switch: 24-Hour Prison Security Lighting," Bar Bulletin, King County Bar Association, Feb. 2013

"Products Liability" (coauthor), Law of Outdoor Industries (2d ed.), 2011

"Claim Consolidation: Is One a Lonely Number?" (coauthor), Bar Bulletin, King County Bar Association, Mar. 2011
Civic Activities
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Member, Board of Directors, Peace for the Streets by Kids from the Streets

Member, Board of Directors, Seattle Running Club

Volunteer rock climbing instructor, Outdoors for All