PHIL E CUTLER'S PROFILE AND REPRESENTATIVE CASES
- 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.]
- Sole arbitrator or panel chair in over 400 arbitrations (AAA, FINRA, King County Superior Court, private) [Click here for representative cases]
- Mediator in over 180 matters [Click here for representative cases]
- Special Master (discovery, settlement administration) [Click here for representative cases]
- Faculty – American Arbitration Association Commercial Arbitrator Training I and II (1998-1999); Arbitration Fundamentals and Best Practices for New AAA Arbitrators (2017); 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, 2013-2017), 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 Arbitrator (2010-present)
- Author: I am your Arbitrator – Here's what to expect from me…and What I expect from you (Dispute Resolution Journal (AAA, Spring 2015));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: Chapters on Intra-Tribunal Relations and Arbitrator Fees and Costs (Guide to Best Practices in Commercial Arbitration (3rd Ed., 2013, and 4th Ed., 2017), 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)
- 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)
- Fellow, College of Commercial Arbitrators (www.collegeofcommercialarbitrators.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
- AV Preëminent, Martindale Hubbell
- AVVO 10.0 rating
- Super Lawyer in ADR, 1999-present
- ADR All-Star, WSBA ADR Section, 1998-2002
- Panel chair (4 week principal hearing (56 page award on 10 claims); 4 additional weeks of hearing on other claims) in complex and protracted AAA-administered 9-figure case involving major citrus growers' claims and counterclaims for breaches of a joint venture farming, financing, packing and marketing agreement and related legal and business disputes involving those operations and a related agricultural cooperative (including claims involving Sherman Act §1, Capper-Volstead Act); venued in California's Central Valley.
- Panel chair in AAA-administered 7-figure case involving claims against large CPA firm for negligent tax advice; venued in San Francisco; case settled on eve of major hearing.
- Sole arbitrator in AAA/ICDR-administered 7-figure case involving Brazilian franchisee's claims against its U.S.-based franchisor and franchisor's counterclaims against claimant's principals; award entered late fall 2016; venued in Seattle.
- Panel chair (6 hearing days) in complex AAA/ICDR-administered international (Switzerland and U.S.) 8-figure case involving breaches of a contract between an aircraft owner and a VIP aircraft-interior modification company; venued in Seattle; award entered fall 2010, confirmed 2011.
- Sole arbitrator in AAA-administered 7-figure employment termination dispute (11 hearing days) between senior executive and public-company employer; venued in Portland OR; award entered 2010, confirmed 2011.
- Sole arbitrator in 8-figure private arbitration involving a breach of contract dispute between aircraft parts manufacturer and its distributor (7 hearing days).
- Neutral panel member in AAA-administered 8-figure securities dispute between Indian tribe and its financial advisors (4+ weeks of hearing, including tribe's contest of liability for prevailing respondents' attorneys' fees (sovereign immunity)); sole arbitrator in another breach of contract case involving an Indian tribe/tribal organization and a non-tribal contractor/vendor (sovereign immunity defense).
- 6-, 7- and 8-figure FINRA-administered cases involving customer/broker securities claims – chair in several (7-10 hearing days each), sole arbitrator or neutral panelist in others (3-10 hearing days each).
- Several AAA-administered 7-figure franchisor/franchisee disputes – chair in 1 (5 hearing days, venued in Sioux Falls SD), sole arbitrator in other cases involving state/federal regulatory/disclosure claims and related claims for fraud/misrepresentation and breach of contract (multiple hearing days).
- Sole arbitrator in AAA/ICDR-administered 7-figure international franchise case (Mexican franchisee's claims against U.S. franchisor for encroachment and wrongful termination (5 hearing days and award entered 2001), venued in Pittsburgh PA.
- Panel chair in AAA-administered 7-figure breach of warranty dispute involving large agricultural equipment (8 hearing days); venued in Seattle; award entered late 2001.
- Panel chair in 6-figure private arbitration involving dispute between agricultural cooperative and joint venture partner over interpretation of commodity purchase contract and LLC agreement (1 week of hearing).
- Chair or neutral panelist in AAA-administered 7- and 8-figure breach of contract disputes involving the communications industry (wireless and broadcast media) (multiple hearing days).
- Panel chair in athletes' AAA-administered challenges of U.S. Olympic Committee's rulings under the Ted Stevens Olympics & Amateur Sports Act (3 hearing days) and sole arbitrator in others.
- Sole arbitrator in over 100 King County Superior Court Mandatory Arbitrations.
REPRESENTATIVE SPECIAL MASTER ASSIGNMENTS
Discovery Master –
- Kirlan Venture Capital v. Regis and Tenneson (King County Superior Court, 2001). Counsel for Kirlan: Todd S. Fairchild, Dorsey & Whitney LLP, Seattle – firstname.lastname@example.org. Counsel for Regis: Robert J. Adolph, The Adolph Group PLLC, Seattle – email@example.com. Counsel for Tenneson: Ralph H. Palumbo, Yarmuth Wilsdon PLLC, Seattle – firstname.lastname@example.org.
Settlement Master –
- In re Weyerhaeuser Hardboard Siding Class Action Settlement (San Francisco Superior Court, 2000-2011). Class Counsel: Jonathan D. Selbin, Lieff Cabraser Heimann & Bernstein LLP, NY – email@example.com; Christopher I. Brain, Tousley Brain Stephens PLLC, Seattle – firstname.lastname@example.org. Counsel for Weyerhaeuser: Thomas L. Boeder, Perkins Coie LLP, Seattle – email@example.com.
- In re Louisiana Pacific Inner Seal Siding Settlement (USDC, District of Oregon, 1997-98). Class Counsel: Christopher I. Brain, Tousley Brain Stephens PLLC, Seattle – firstname.lastname@example.org. Counsel for Louisiana Pacific: Thomas L. Boeder, Perkins Coie LLP, Seattle – email@example.com.