Davis Wright Tremaine: Notable Legal Cases and Firm History
Davis Wright Tremaine is a law firm known for handling high-stakes litigation and representing a diverse array of clients, from thousands of individual plaintiffs in environmental disasters to global media conglomerates. The firm's portfolio reflects a broad range of legal expertise, spanning environmental law, First Amendment rights, and complex corporate disputes.
Key Facts
- Served as lead counsel for 30,000 plaintiffs in the Exxon Valdez oil spill litigation.
- Successfully represented CBS in overturning FCC fines related to the 2004 Super Bowl.
- Represented TikTok creators challenging a state ban in Montana.
- Reached a $30 million settlement in 2009 regarding the Sunwest Management malpractice suit.
Major Litigation and Client Representation
The Exxon Valdez Oil Spill
One of the firm's most significant undertakings involved the Exxon Valdez disaster, where 11.8 million gallons of North Slope crude oil leaked into Alaska's coastal waters. The firm acted as lead counsel for a consolidated group of 30,000 plaintiffs, including landowners, businesses, processors, fishermen, and Alaska natives. This massive legal effort resulted in the plaintiffs being awarded nearly one billion dollars in interest and damages.
Media and Free Speech Cases
The firm has a strong track record in representing media entities. Notably, they successfully represented CBS in a prolonged legal battle to overturn fines imposed by the Federal Communications Commission (FCC). These fines were originally issued following the "wardrobe malfunction" involving Janet Jackson during the 2004 Super Bowl halftime show.
More recently, in 2023, the firm was retained by TikTok to represent a group of content creators. This legal action sought to overturn a ban on the platform implemented by the state of Montana.
Controversies and Legal Challenges
Guantanamo Bay Legal Assistance
The firm's commitment to legal representation extended to captives at Guantanamo Bay, which sparked a political controversy. Charles "Cully" Stimson, then the Deputy Assistant Secretary of Defense for Detainee Affairs, publicly criticized law firms that allowed employees to assist these captives, suggesting that corporate CEOs should force firms to choose between "lucrative retainers and representing terrorists." Following widespread criticism and a disavowal from the Pentagon, Stimson resigned from his position.
The Sunwest Management Malpractice Suit
In 2009, the firm faced a significant legal challenge when investors in Sunwest Management Inc., a retirement home operator, filed a malpractice lawsuit. The plaintiffs alleged that Davis Wright Tremaine assisted in the operation of a Ponzi scheme—a fraudulent investing scam which generates returns for earlier investors with money taken from later investors—totaling $400 million.
The lawsuit claimed the firm encouraged investments despite being aware of Sunwest's financial instability. The matter was resolved before trial with a $30 million settlement, marking one of the largest malpractice settlements for securities wrongdoing in Oregon's history. At the time of the settlement, claims continued against other involved firms, including Thompson & Knight (now part of Holland & Knight) and K&L Gates.
Case Summary Table
| Case/Client | Issue | Outcome/Detail |
|---|---|---|
| Exxon Valdez | Oil Spill Damages | Nearly $1 billion awarded to 30,000 plaintiffs |
| CBS | FCC Fines | Fines successfully overturned |
| TikTok Creators | Montana Platform Ban | Legal challenge to overturn the ban |
| Sunwest Management | Ponzi Scheme Malpractice | $30 million settlement paid by the firm |
Frequently Asked Questions
How many plaintiffs did the firm represent in the Exxon Valdez case?
The firm served as lead counsel for 30,000 plaintiffs, including Alaska natives, fishermen, and local business owners.
What was the result of the CBS case regarding the Super Bowl?
The firm successfully represented CBS in overturning fines that had been imposed by the Federal Communications Commission.
Why did Charles "Cully" Stimson resign?
Stimson resigned after the Pentagon disavowed his public criticisms of law firms that provided legal assistance to captives at Guantanamo Bay.
What was the Sunwest Management lawsuit about?
Investors alleged that the firm helped facilitate a $400 million Ponzi scheme by encouraging investments despite knowing the company was in financial trouble.
How much did the firm pay to settle the Sunwest malpractice suit?
Davis Wright Tremaine agreed to a $30 million settlement, one of the largest of its kind in Oregon history.