For thirty-five years the focus of Aubin's practice has been sophisticated National and International commercial, construction and insurance litigation. He has broad experience with all forms of Alternate Dispute Resolution, including International Arbitration. Aubin's experience includes representation of International and regional construction and design firms, regional residential developers, International and domestic insurers, banks, savings and loans, bankruptcy creditors and wealthy individuals in a wide variety of disputes, negotiations and consultations. Aubin's government work includes extensive representation of The Resolution Trust Corporation.
Aubin's dispute negotiation and resolution experience runs the gamut from an antitrust case ultimately decided by the United States Supreme Court, specialized National and International insurance policy disputes and commutations, complex banking, bankruptcy, and real estate disputes and work-outs, all conceivable construction cases from alleged nuclear power plant design defects to typical condominium defect-HOA disputes, personal injury, wrongful death litigation, through typical, complex high stakes contract, commercial, personal and professional disagreements.
Aubin also is available as a Neutral, and has extensive and comprehensive training in Mediation and Arbitration, including the San Francisco Bar's Advanced Mediator Practitioner course, successful completions of one of Pepperdine University's prestigious Strauss Institute For Dispute Resolution Programs and the first CR 39.1 Mediator-Arbitrator certification program by the United States District Court for the Western District of Washington. Upon request, Aubin has references from some of Seattle's and the Nation's most highly regarded Neutrals.
Aubin has been a speaker before the Inter-Pacific Bar Association in Taiwan, the International Bar Association in South Africa, the ABA Insurance meeting in Arizona, and many Construction Superconferences in San Francisco and New York on topics ranging from D&O and other professional indemnity insurances to cross-cultural negotiations and International mediation.
Aubin was born and lived in Seattle (Lakeside School-1964) until commencing his legal career in San Francisco where he practiced law for thirty-two years with top tier Firms. He returned to Seattle in 2005.
 Education
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George Washington University National Law Center (J.D., 1973) Distinguished Advocate Award |
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Stanford University (B.A., 1968) |
Representative Cases
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Counsel for Insurers of Construction Manager in protracted litigation arising from Boston's Central Artery/Tunnel Project ("The Big Dig"). |
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Co-lead counsel for foreign reinsurers sued by nineteen State Attorneys General and numerous civil class plaintiffs in In Re: Insurance Antitrust Litigation, MDL 767. This case was dismissed by Judge Schwarzer in the United States District Court for the Northern District of California; reversed by the Ninth Circuit Court of Appeals; affirmed in part, reversed in part and partially remanded to the District Court by the United States Supreme Court. The Supreme Court decision fatally diluted the States' case. |
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Negotiation of and fractional contribution to settlement of endemic subsidence-differential settlement claims in a Montana township allegedly due to defective design and construction of a surge pond by design engineer with extensive post-settlement litigation and disputes negotiation. |
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Outside counsel for the Resolution Trust Corporation regarding 1200-acre multiple master builder commercial-residential development, including issues relating to: subdivision, mechanic's liens, title insurance, bonds, lending practices and regulations, City agencies, foreclosures, guaranties, security interests, FIRREA credits, environmental -wetlands, utility credits, and workout of all of the above. |
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Trial defense counsel for $60-$90 million Loma Prieta earthquake business Interruption bad faith claim, mediated to resolution with no payment for extra-contractual damages. |
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Outside counsel for the Resolution Trust Corporation in numerous and varied bank-borrower disputes, including "take downs" of failed San Diego savings and loan institutions with Federal agents. |
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Personal counsel for homeowner in multi-million dollar demand case by renters alleging a myriad of maladies from alleged exposures to "rat infestation." (Homeowner was residing in London for two years.) Aggressive and successful investigation of plaintiffs, defeat of Property Manager's defense and indemnity claims, obtained insurer defense participation, and very successful resolution by mediation. |
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Defense of financial guarantee policy limiting settlement to a single occurrence and $1 million policy limits. Exposure was hundreds of millions of dollars if multiple, occurrences found. Additionally, substantial assistance was provided to the Federal Trade Commission in this complex national diamond sales and securities fraud case against the International Diamond Corporation. |
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Successful defense of suit brought by George I. Benny against client involving massive and complex title insurance and property sale fraud, real estate option, lease back and usury issues and subsequent bankruptcy proceedings and eventual federal incarceration of Mr. Benny. Initial work-up of this case was used by the United States Attorney to assist in Mr. Benny's indictment and prosecution. |
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Successful protection of client owner's assets, obtained' insurer defense participation and defense preparation support for suit for paraplegic personal injury at apartment complex from deck railing failure. |
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Protracted negotiation, mediation and commutation of two decade liability insurance program and buy out of asbestos exposures. |
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Defense of Underwriter's interpretation of a unique performance guarantee policy for a gasohol plant in Kentucky hinging on whether technology was proven or prototype. |
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Defense of Underwriter's interpretation of unique reinsurance of aluminum smelting plant in Ghana relating to material omissions of fact concerning contemporaneous drought and low water conditions in West Africa. |
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Defense of Underwriter's single occurrence theory for severe storm property damage at loading dock in Australia. |
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Protracted and successful mediation of contractor's total cost escalation claim, with office building owner, against commercial architect. |
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Extensive representation of top tier California and Arizona residential developer for matters ranging from multi-million dollar deep canyon fill subsidence to varied Homeowner Association construction defect cases. |
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Award of ninety-five percent of arbitration claim against Ministry of Roads and Transportation of Iran before the Iran-United States Claims Tribunal-The Hague-in favor of international construction corporation. |
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Six month AAA arbitration defending 118 multimillion dollar construction claims against German Construction Manager and Canadian Design Engineer for cement plant renovation. |
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Successful defense and complete dismissal of $5 million claim against an international contractor in a federal court suit upholding a limitation of liability clause and defeating engineering errors and omissions allegations. |
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Complete dismissal of a suit against an International contractor for allegedly defective design of a Southern California tollway. |
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Complete dismissal of multimillion dollar suit against electrical engineer for allegedly negligent certification of wind turbines fraudulently conveyed to plaintiffs at the Altamont Pass wind farm. |
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Jury trial and settlement of a claim involving purchase of notes and deeds of trust on the secondary mortgage market, with underlying REO, loan servicing and warehouse lending disputes. |
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Protracted defense and resolution of a Federal suit against piping and instrumentation systems designer of a hydrocracker which exploded at a refinery on the Corpus Christi, Texas, ship channel. |
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Protracted and massive defenses and ultimate resolutions of design defect allegations and suits against nuclear power plant fast track architect/engineer. |
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Counsel to emerging company for complex commercial paper and construction lending investment vehicle. |
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Chairman of the Creditors' Committee in the Chapter 11 proceedings of Larraburu Brothers, Inc. representing the interests of a major American miller. |
Memberships and Service
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American Bar Association (Forum on the Construction Industry, Dispute Resolution and Litigation Sections) |
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Washington Bar Association |
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California Bar Association |
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District of Columbia Bar Association |
Publications and
Presentations
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Construction Superconference
Y2K and Project Exposure
(San Francisco, California) 1998 |
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Chairman - London Market Forum
Alternative Dispute Resolution
Three Days with AAA and J.A.M.S. Principals (London, England) 1994 |
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Annual Chatset (Lloyd's of London Actuary) Seminar-Savings and Loan Directors and Officers' Liability (London, England) 1994 |
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International Bar Association
Auditors' and Lawyers' Professional Liability
(Cape Town, South Africa) 1993 |
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Inter-Pacific Bar Association,
Forum on Pacific Rim Cross-Cultural Negotiations
(Taipei, Taiwan) 1993 |
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American Bar Association,
In Re: CGL Insurance Antitrust
(Tucson, Arizona) 1993 |
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Construction Litigation Superconference
(San Francisco-New York) 1985-1989 |
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Engineering News Record
Advanced Contracts Seminar
(Vail, Colorado) 1986 |
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Lessons from California Mediation
International Commercial Litigation Guide to U.S. Litigation
(Euromoney Publications PLC, 1996) |
Professional Experience
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2008 - Present: Stafford Frey Cooper P.C. |
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2005-2008 Williams, Kastner & Gibbs PLLC, Seattle, WA |
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1999-2004 Thelen Reid & Priest, San Francisco, CA |
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1978-1999 Hancock, Rothert & Bunshoft, San Francisco, CA |
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1973-1978 Brobeck, Phleger & Harrison, San Francisco, CA |
Other
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"AV" rated ("preeminent") by Martindale Hubbell by peer review from attorneys and judges. |
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Advisor (unpaid) to California Investment Banker Wood Warren & Co. |
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