James Yand is a litigation attorney with more than 20 years of broad experience in construction law, products liability, E-Discovery, franchise and commercial law - resolving business disputes for business owners and individuals.
Clients in the Northwest and around the world know Mr. Yand as a reliable ally, who practices with integrity and is laser-focused on delivering results. Well-reputed for critical thinking and problem solving, no matter the size of the case, James specializes in resolving high-conflict cases that often determine the continued success of the client’s interests. He seeks effective resolutions with cost efficiency.
In one case, Mr. Yand represented a manufacturer against trade dress claims in Federal Court. He coordinated with co-counsel to defend against these claims across the United States and in foreign countries. Ultimately, his counsel resulted in a dismissal of all claims on Summary Judgment, saved the client significant damage claims, and allowed the client to continue doing business in the United States.
From discovery conducted in Hong Kong to local cases filed in Seattle, James leverages his local-national-global knowledge in both Oregon and Washington’s federal and state courts. 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.
James is a frequently requested speaker for business events, providing guidance on legal industry protocol, E-Discovery, and relationship development among attorneys.
James lives in the Seattle area with his wife and children. Born in Thailand and raised there until he was 12, his creative outlet is cooking Thai food for friends and clients.
 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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Atlas Equipment Co. LLC v. Weir Minerals Australia Ltd. 2011 WL 52455 (9th Cir. 2011) (Affirming summary judgment in favor of client for trade dress claim) |
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U.S. ex rel Graybar Electric v. Overstreet Elec. Co., Inc., 2006 WL 1455652, (E.D.Wash. 2006)(Construction contract dispute involving Chief Joseph Dam) |
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Employers Insurance of Wausau v. Plaid Pantries, 10 F.3rd 605 (9th Cir. 1993)(Bankruptcy Priority Claims) |
Representative Litigation
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NWCCA v. Department of Labor & Industries (Recovery of damages for breach of retro policy) |
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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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Beard, et al v. Perrigo Company, Case No. 2:03cv00470 (W.D. Wash, Mar. 13, 2003) (represented distributor of medication containing PPA) |
Memberships and Service
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Chair, American Subcontractor’s Association (Chair) |
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Former Chair, Washington State Bar Association (Washington State Bar Professionalism Committee, 2006-2007) |
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Advisory Board, University of Washington Professional and Continuing Education |
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Elected Member, Oregon State Bar Association, Oregon House of Delegates |
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American Bar Association - Forum on Franchising and Construction |
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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 2008-2011 Lien and Bond Manual (Alaska, Washington, Oregon) |
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“The Mining of Metadata: Navigating the hidden ethical dangers of discovering hidden information in electronic documents,” WSBA Bar News (September 2008) |
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Oregon Debtor Creditor Newsletter “Federal Judges Strike Down Portions of BAPCPA as Unconstitutional,” Volume XXVII (Summer 2006) |
Presentations:
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WSBA Continuing Legal Education Seminar entitled "Inadvertent Disclosure of Evidence" on February 17, 2011, Seattle, Washington |
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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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Lorman CLE on Document Retention and Destruction: "Consequences and Dangers of Electronic Records," July 24, 2009, Spokane, 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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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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