Philip E. Cutler
Arbitration & Mediation Services
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PHIL E CUTLER'S PROFILE AND REPRESENTATIVE MEDIATION CASES

Work History

Cutler Nylander & Hayton (and predecessor firms) – Principal, 1990-present

  • Karr Tuttle Campbell – Shareholder, 1986-1989
  • Sax and MacIver – Associate, 1979-1982; Partner1982-1985
  • Perkins Coie – Associate, 1973-1979

Law Practice Experience

  • Over 40 years experience in litigation (trials, arbitrations, appeals) and counseling clients in Administrative Law, Antitrust & Product Distribution, Arbitration Practice & Procedure, Attorney Discipline, Banking, Complex Commercial/Business Transactions, Constitutional Law, Corporate Structure and Intra-Business Relations, Franchises, Government Relations, Insurance, Intellectual Property & Business Torts, Municipal Governments, Land Use, Receiverships  [Click here for law practice C.V.]

ADR Experience

  • Sole arbitrator or panel chair in over 400 arbitrations (AAA, FINRA, King County Superior Court, private)
  • Mediator in over 180 matters
  • Special Master (discovery, settlement administration)

ADR Training

  • Faculty – American Arbitration Association Commercial Arbitrator Training I and II (1998-1999), Advanced Arbitration Case Management Issues (2001), Neutrals Conferences (I am your Arbitrator: Here’s what I Expect from you and what you can Expect from me, 2005), numerous continuing education courses for mediators and arbitrators (e.g., Principled Deliberations; Arbitrator Independent Research; Managing Cases Involving Self-Represented Parties; Safeguarding, Deciding and Writing Awards; Dealing with Delay Tactics of Parties and Advocates; Arbitrator Ethics and Disclosures; Mediating the Multi-Party Case
  • Faculty – American Bar Association, Section of Dispute Resolution (Advanced Mediation Institutes (2005, 2007); Annual Spring Conferences (2003, 2008, 2014)
  • Faculty – College of Commercial Arbitrators 2013 Annual Meeting (Intra-tribunal Relations: Best Practices from the Guide to Commercial Arbitration)
  • Faculty – Federal Bar Association for the Western District of Washington Mediation Skills Training (2003, 2008)
  • Attended AAA Basic Arbitrator Training (1992), AAA Neutrals Conferences (1998-1999, 2004-2005, 2010), AAA Mediator Conferences (2000), College of Commercial Arbitrators Annual Meetings (2006, 2008, 2010-2013), FINRA Basic Arbitrator (1996) and Chairperson Training (1998), Northwest ADR Conferences (1994-2007, 2009-2010), ABA Dispute Resolution Section Spring Conferences (2002-2003, 2005-2008, 2011-2012, 2014)

ADR Panels & Rosters

  • American Arbitration Association – National Commercial (1992-present) and Large Complex Case (1999-present) Arbitration Panels, Mediation Panel (1997-present)
  • FINRA Dispute Resolution – Public Arbitrator (1996-present) and Chairperson (1999-present) Panels
  • U.S. District Court, Western District of Washington – Rule 39.1 Roster of Neutrals (1984-present)
  • King County Superior Court – Mandatory Arbitration Panel (1982-present)
  • Bering Sea and Alaska Crab Processors – Contract Arbitraor  (2010-present)

ADR Publications

  • Author:  Arbitrator’s Powers: Expansive but Open to Challenge if Exceeded, Reclaiming the Promise of Arbitration; Trial Date Bumped? Brokered Out? Consider Arbitrating your case, Arbitration: Getting the Evidence, Getting it in and Persuading the Arbitrator (all published in KCBA Bar Bulletin); ADR Chapter in Doing Business in Washington (WSBA, 2010 ed. and 1977 ed. and supplements); Representing Clients in Mediation: A Mediator’s Perspective (ABA Dispute Resolution Magazine, Spring 2003); numerous articles and CLE materials on ADR practice and procedure
  • Co-author:  Chapter on Intra-Tribunal Relations and Arbitrator Fees and Costs (Guide to Best Practices in Commercial Arbitration (3rd Ed., 2013), College of Commercial Arbitrators); materials for AAA Arbitrator Continuing Education course on Principled Deliberations; Washington Pattern Jury Instructions – Misappropriation of Trade Secrets/Tortious Interference with Economic Relations
  • Contributor:  Supplement to ADR Deskbook (WSBA, 1998); Antitrust Evidence Handbook (ABA Section of Antitrust Law, 1991); Washington Consumer Protection, Antitrust & Unfair Business Practices Law Developments (WSBA, 2nd Ed. and 1988 and 1993 supplements); Washington Antitrust Developments (WSBA, 1985)

Professional Licenses

  • Washington State Bar, 1973
  • U.S. District Court, Western (1973) and Eastern (1979) Districts of Washington
  • Pro hac vice admissions to the U.S. District Courts for the Northern District of California (1985), Middle District of Alabama (2008), Eastern District of Pennsylvania (2011)
  • U.S. Court of Appeals, 9th Circuit (1991)
  • U.S. Supreme Court (2006)

Professional Associations

  • Fellow, College of Commercial Arbitrators (www.thecca.net)
  • Chair, ADR Roundtable (www.adrroundtable.com)
  • Washington State Bar Association and Sections on Dispute Resolution, Litigation
  • American Bar Association and Sections on Dispute Resolution, Litigation
  • King County Bar Association and Section on Dispute Resolution
  • Federal Bar Association for the Western District of Washington

Peer Recognition

  • AV Preëminent, Martindale Hubbell
  • AVVO 10.0 rating
  • Super Lawyer in ADR, 1999-present
  • ADR All-Star, WSBA ADR Section, 1998-2002

Representative Mediations

Business/Strategic Alliance – “deal mediation” for non-litigation dispute over failed strategic alliance.

Business Torts – 5-figure dispute between real estate brokerage firms….6-figure dispute between insurance benefit plan specialist and former employer.

Construction – 6-figure dispute between state agency/owner and prime contractor and surety and between prime contractor and six subcontractors involving claims of defective construction…..6-figure dispute between municipality and contractor concerning contractor’s claims for extra work on road project.....5-figure dispute between contractor and owner concerning contractor’s performance of home remodeling contract.

Distributor Termination – 6-figure disputes (claims and counterclaims) between manufacturer and distributor arising from manufacturer’s termination of distributor. 

Employment Discrimination – Variety of 5- and 6-figure employer/employee disputes concerning sex, race and other discrimination claims arising out of employment relationship or termination, including claims involving EEOC as plaintiff or intervenor; dispute between plaintiffs in gender discrimination case involving payment of mid- 7-figure judgment by solvent and insolvent sureties, defendant and guarantors of surety bond.

Fishing Rights – 6-figure dispute between fishermen concerning Alaska fishery “quota shares” arising from sale of fishing vessel and associated fishing rights. 

Intellectual Property – several 5- and 6-figure trademark or copyright infringement cases…..6-figure patent infringement dispute between established high technology company and start-up company owned by former employees of established company (color printers).....copyright dispute concerning rights to publish photographs.....7-figure dispute between patent licensor and licensee concerning high technology development/license agreement (wireless communications).....numerous software counterfeit/piracy cases. 

Labor – Work jurisdiction dispute involving two craft unions, building trades council bargaining agent and school district employer.  

Professional Fees – 6-figure dispute between executive search firm and public utility concerning executive search fee.....6-figure dispute between law firm and former client concerning law firm’s claim for professional fee…..6-figure dispute between client and architect involving architect’s fees. 

Real Estate – 7-figure dispute between municipality and municipal power utility and landowner concerning landowner’s claims for a cross-canal bridge under early 1900s deed and associated claims for flooding damage.....6-figure dispute between residential buyer, seller and real estate broker over Form 17 disclosures…..boundary line dispute among seller, buyer, adjacent landowner, realty company.....real estate development dispute between joint venture partners.....6-figure dispute between private utility and developer concerning utility’s termination of development agreement.....5-figure commercial lease dispute. 

Securities – numerous 5- and 6-figure customer/broker disputes.

Trade Secrets – Variety of disputes between employers and former employees and/or their new employers, including disputes among NASD broker-dealers. 

UCC Breach of Warranty – 7-figure dispute between contractor and tunneling machine manufacturer.

General Business & Commercial – Variety of disputes involving vendors and customers, landlords and tenants, disputing business principals, and others.