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James T. Yand
Stafford Frey Cooper, PC
3100 Two Union Square
601 Union Street
Seattle, WA 98101-1374
206.667.8235 Direct
206.624.6885 Fax
Email:
James
T. Yand
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Jim has spent over 20 years practicing civil litigation across the Northwest in state
and federal courts. These areas of practice include construction defect, product liability, franchising, insurance and surety law.
He also practices in the area of creditors' rights, remedies and
bankruptcy. He is a member of the state and federal bar in both
Oregon and Washington. He is also admitted to practice in the Ninth
Circuit Court of Appeals, Federal Circuit Court of Appeals and
the Court of Claims in Washington D.C. Jim is an active member
in the American Bar Association (Forum on Franchising and Construction),
Oregon State Bar Association (Member of House of Delegates), Washington
State Bar Association (Washington State Bar Professionalism Committee),
King County Bar Association (Debt Clinic) and American Bankruptcy
Institute. Jim has also served on the advisory board and volunteers
his time at the UGM Legal Clinic and also the King County Bar Neighborhood
Legal Clinic. Jim was born in Thailand, and enjoys living in the
Seattle area with his wife and two boys. In his spare time he
enjoys golf, mountain biking, fishing and being with his family.
He also enjoys cooking Thai food for his clients and friends.  Education
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Portland State University
(B.S., with honors, 1984) |
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Northwestern School
of Law, Lewis and Clark College (J.D., cum laude, 1988) |
Recent Representative Cases
Published Cases
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Employers
Insurance of Wausau v. Plaid Pantries, 10 F.3rd 605 (9th
Cir. 1993) (Bankruptcy Claims) |
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Biomass
One, L.P. v. S-P Constr., 103 Ore. App. 521 (1990) |
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Mauser
v. City of Edmonds Wash. App. LEXIS 1772 (1997)(Civil
Rights) |
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U.S.
ex rel Graybar Electric v. Overstreet Elec. Co., Inc., 2006
WL 1455652, E.D.Wash. (May 22, 2006) (Construction contract
dispute) |
Representative Litigation
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ESA
Management Inc., v. Dryvit/Sto Corp (EIFS litigation filed
nationwide by national hotel owner against various general
contractors and product manufacturers including 5 lawsuits
in Oregon and Washington) |
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Richardson
v. Joseph Hughes Construction (EIFS litigation in Oregon
involving commercial mall) |
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Blazer
Homes Inc. v. Haltiner Sheet Metal (Multiple EIFS cases filed
by home builder in Oregon) |
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In re Western Empire
(Bankruptcy Litigation in Oregon) |
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Dow Chemical (Silicone
implant litigation) |
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Cumis Insurance
v. Merrill Lynch (Securities litigation in Alaska) |
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The United States
of America et al v. Overstreet Electric Company Inc et al.:
Federal Miller Act lawsuit involving Chief Joseph Dam, E.D.Wash.,
Mar. 4, 2005, 2:05cv00068 (summary judgment in favor of electrical
contractor) |
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Beard, et al v.
Perrigo Company, et al, Torts: Personal Injury - Product
Liability (365), W.D.Wash., Mar. 13, 2003, Case No. 2:03cv00470
(represented distributor of medication containing PPA) |
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Wausau Underwriters
v. Thomason Auto Group, Contract: Case No. 3:01cv00061 (D.Or.,
Jan. 12, 2001)(recovery on behalf of insurer) |
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Sub Bros. NW V.
Subway (franchise dispute over territorial rights) |
Memberships and Service
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American
Bar Association - Forum on Franchising and Construction |
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Oregon
State Bar Association - Elected Member of Oregon House of
Delegates |
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Washington State
Bar Association - Chair of the Washington State Bar
Professionalism Committee (2006-2007) |
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King County Bar
Association (Neighborhood Legal Clinic) |
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American Bankruptcy
Institute |
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American Subcontractors
Association |
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Northwest Wall & Ceiling
Bureau |
Publications
and Presentations
Publications:
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American Subcontractor's Association 2008 Lien and Bond Manual (Alaska, Washington, Oregon) |
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American Subcontractor's Association "Electronic Records Management-What You Need to Know to Reduce Legal Liability," The Contractor's Compass, Third Quarter 2008 |
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"The Mining of Metadata: Navigating the hidden ethical dangers of discovering hidden information in electronic documents," WSBA BarNews (Sept. 2008) http://www.wsba.org/media/publications/barnews/sep08-yand.htm |
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Article "Electronic Discovery: Hype, Sleeping Monster, or Roaring Tiger?" James
Yand and Craig Kobayashi (Ixio Corporation) September 2006 |
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Article "New Rules
on Electronic Documents" Northwest Wall & Ceiling Change
Order Newsletter, September 2006 |
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Oregon Debtor Creditor
Newsletter "Federal Judges Strikes Down Portions of BAPCPA
as Unconstitutional," Volume XXVII (Summer 2006) |
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Oregon Debtor Creditor
Newsletter "Lack of Standing Stalls Momentum on Attorneys
Challenge To Debt Relief Agency Regulations," Volume XXVI
(Spring 2006) |
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Oregon Debtor Creditor
Newsletter "Attorneys Just Say No to New Regulations on Debt
Relief Agencies," Volume XXV, No. 1 (Winter 2006); http://osb-dc.org/Subs/Newsletter.htm |
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Puget Sound Business
Journal "Do you know where your proprietary information is?"
August, 2006
Reprinted in the Boston Business Journal October 2006
Reprinted in Baltimore Business Journal September 19, 2006
Reprinted in San Jose Business Journal October 27, 2006 |
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Co-author: "Staying
out of Court and in Business," Archipelago Publishing
(1997) |
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"Does
Your Building Discriminate Against the Disabled: Guidelines
For Bringing Existing Public Accommodations Into Compliance
with the Americans With Disability Act," 4 Hofstra Property
Law Journal (1993) |
Presentations:
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Northwest Wall & Ceiling Bureau Productivity Seminar, "How to Put the Productivity Study to Work for You," Redmond, Washington (June 2010) |
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Northwest Wall & Ceiling Industries 2010 Convention "Using the Labor Productivity Document to Resolve Disputes," Tucson, Arizona, April 10, 2010 |
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National Business Institute (NBI) Seminar on Keeping Up with E-Discovery: “Defining Electronic Discovery,” November 18, 2009, Seattle, Washington. |
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Washington State Association for Justice (WSAJ) Legal Educational Seminar on Electronic Discovery: “Metadata Mining: Peeling Off the Layers of Computer-Generated Documents,” October 8, 2009, Seattle, Washington. |
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Lorman CLE on Document Retention and Destruction: "Consequences and Dangers of Electronic Records," July 24, 2009, Spokane, Washington |
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WSBA Advanced E-Discovery Conference, “Current Ethical Issues Relating to E-Discovery,” May 7, 2009, Seattle, Washington |
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Walla Walla Valley Estate Planning Council, “eDiscovery and Electronic Records Management: Finding the Safe Harbor Through Best Practices,” May 1, 2009, Walla Walla, Washington |
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Judicial Conference, “Admission of Electronic Evidence,” April 29, 2009, Seimiahmoo Resort, Blaine, Washington |
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Continuing Education Presentation for Engineers "Electronic Records for Design Professionals" (Seattle, February 11, 2009). |
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Panel Seminar “Ten Top Tips for Troubled Times,” ASA Washington (Seattle, February 12, 2009). |
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NWCB “Surviving the Recession – Ten Tips for Tough Times,” March 18, 2009, Bellevue, Washington. |
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WSTLA CLE "Ethics: Watch Out!" December 10, 2008, Seattle Washington |
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Presiding Judges Conference CLE "Leading New Technology in Courts of Limited Jurisdiction," December 8, 2008, Grand Mound, Washington. |
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Seattle University School of Law CLE "Metadata Mining," February 6, 2009, Seattle Washington |
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Washington Women Lawyers (Kitsap County) CLE "Nuts and Bolts of Electronic Discovery," October 17, 2008, Port Orchard, Washington. |
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Lorman Education Services CLE "Consequences and Dangers of Electronic Records," July 24, 2008, Spokane, Washington. |
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WDTL 2008 Convention CLE "Ethics in Electronic Warfare: Attorney Duties in E-Discovery," July 19, 2008, Harrison Hot Springs, Canada |
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Washington
State Bar Association 15th Annual Employment Law Institute
"Electronic Discovery: Information That Just Doesn't Go Away:
Privacy and Evidentiary Issues," April 9, 2008 |
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American
Subcontractor's Association Presentation "Avoiding Legal
Traps of Electronic Documents," Charleston, S.C. March 8,
2008 |
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Lecture, Litigation
Basics "Pitfalls of eDiscovery," University of Washington
Extension Program, Seattle Washington, March 5, 2008 |
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Teacher, Para 130
"Complex Litigation for Paralegals," University of Washington
Extension Program, 2009 |
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Asset Development
Strategies "Contract Pitfalls" presentation to Asset Alliance
members, October 18, 2007 |
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Architectural Woodwork
Institute, Presentation on Contract Terms, September 13,
2007 |
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National Business
Institute CLE "E-Discovery: Applying the New FRCP Changes,"
August 29, 2007 |
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AIA/SDA seminar "E-Discovery:
How it Affects Your Design Process," June 27, 2007, Seattle,
Washington. |
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Institute for Paralegal
Education, "E-Discovery for Paralegals: Definition,
Application and FRCP Changes," June 22, 2007 |
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Northwest Wall & Ceiling
Industries 2007 Convention "Hidden Risks and Liabilities
of Electronic Records," May 11, 2007 |
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InnoTech Business & Technology
Conference "Effective Electronic Discovery Solutions for
Small and Medium Sized Businesses," April 25, 2007 (presented
with Dan Hay of ISOutsource.com) |
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Enforcing Creditors'
Rights Under the New Bankruptcy Law (Impact of Electronic
Discovery) sponsored by Sterling Education Services presented
on December 7, 2006 |
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American Subcontractors
Association presentation "Electronic Discovery and Records
Management," Nov. 16, 2006 (requirements for effective document
retention policy and litigation holds) |
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WSBA CLE "Dealing
with Difficult Counsel," Professionalism Committee Presentation
2005-2006 |
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| Oregon
(1988) |
| Washington
(1989) |
| U.S.
District Court (Oregon and Washington) |
| U.S.
Court Claims |
| U.S.
Court of Appeals, Federal Circuit; Ninth Circuit Court
of Appeals |
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