Kimberlee Gunning | Member

Professional Experience

Kimberlee L. Gunning is a member of Terrell Marshall Daudt & Willie PLLC. She concentrates her practice on complex civil litigation and appeals, with a focus on consumer class actions, commercial litigation and business torts and employment law. Kim has a special interest and expertise in challenging procedural barriers to justice for consumers and employees, such as mandatory arbitration clauses, class action waivers and preemption, and is often invited to speak and publish on these topics. She has also handled complex commercial litigation matters involving breach of contract, unfair competition, non-compete and non-solicitation agreements, misappropriation of trade secrets, breach of fiduciary duty, and shareholder and partnership disputes. Before joining TMDW, Kim maintained a solo practice in Seattle and was an associate at Tousley Brain Stephens PLLC. In 2011 and 2012, she was named as a Rising Star by Washington Law & Politics. Kim enjoys mentoring law students and new attorneys, including TMDW’s law student interns, and is regularly invited by the career development office at University of Washington law school to speak to students about developing a litigation practice.

Professional Organizations and Activities

• Washington State Bar Association
• King County Bar Association
• KCBA Labor & Employment Law Section
  • Pacific Coast Labor & Employment Law Conference Planning Committee
  • Co-Chair Special Topics Subcommittee (2009-2010)
• Washington State Association for Justice
  • Chair of Consumer Protection Section (2011-2012)
  • Editorial Board, Trial News (2009-2010)
• QLaw, the GLBT Bar Association of Washington
  • Member, Judicial Evaluation Committee (2011-2012)
• Washington Employment Lawyers Association
• King County Washington Women Lawyers
  • Co-Vice Chair for CLEs (2008-2010)
• Public Justice Foundation
• National Association of Consumer Advocates
• American Bar Association, Business Law and Litigation Sections

Education

• Macalester College, St. Paul, MN - magna cum laude, Phi Beta Kappa - B.A.
• Rutgers, The State University of New Jersey, New Brunswick, NJ - M.A.
• University of Washington, Seattle, WA - J.D.

Sample Achievements

Commercial Litigation & Business Torts

• Web Press Corp. v. Ricca, U.S. Bankruptcy Court - Represented former CEO in adversary proceeding in bankruptcy court. CEO was accused of breaching fiduciary duties to corporation which allegedly caused corporation's bankruptcy. The case settled before trial. (Western District of Washington, 2012)
• Shareholder Dispute - Represented CEO and majority shareholder of start-up internet company in shareholder dispute. Successfully obtained temporary restraining order against minority shareholder who engaged in self-dealing, which led to quick resolution of the dispute in our client’s favor. (Confidential, 2011)
• Liebsohn v. Knudsen - Represented commercial real estate broker in commission dispute arising from sale of $20 million shopping center. Coordinated discovery strategy, including production of over 75,000 pages of electronic documents. The case settled in our client's favor on the eve of trial for a confidential sum. (Pierce County Superior Court, 2007
• O'Sullivan v. Touchstone - Negotiated settlement of dispute between LLC members regarding minority members' attempt to purchase majority members' interest. (King County Superior Court, 2007)
• Non-Compete Dispute - Represented financial services professional in dispute arising from enforcement of non-compete agreement after employee's wrongful termination. Confidential settlement resulted in former employee being able to continue to service long-term clients and dismissal of all counterclaims for alleged misappropriation of trade secrets. (King County Superior Court, 2006)

Consumer Class Actions

• Hartman v. Comcast - Represented consumers who received automated, pre-recorded solicitation telephone calls from defendants in violation of the Washington Consumer Protection Act. Class-wide settlement approved by the U.S. District Court, Western District of Washington.
• Seraphin v. AT&T - Represented consumers who were charged unlawful early termination fees when they cancelled their high-speed internet service, in violation of California consumer protection laws. Class-wide settlement approved by the U.S. District Court, District of Idaho.
• Ramirez v. Bank of America - Represent consumers who received automated, pre-recorded collection telephone calls to their cellular phones in violation of the federal Telephone Consumer Protection Act.
• Meilleur v. AT&T - Represent consumers who received automated, pre-recorded telephone calls from the defendant in violation of the federal Telephone Consumer Protection Act and the Washington Consumer Protection Act.
• Grosvenor v. Qwest - Represent consumers whose rates for high speed internet service were increased despite a “Price for Life” contract. Defeated defendant's motion to compel arbitration. (This case is currently on appeal).
• Vernon v. Qwes - Represent consumers who were charged unlawful early termination fees when they cancelled their high-speed internet service, in violation of the Colorado Consumer Protection Act and other states' consumer protection laws.
• Chesbro v. Best Buy Co., L.P. - Represent consumers who received automated, pre-recorded solicitation telephone calls from the defendant in violation of the federal Telephone Consumer Protection Act and the Washington Consumer Protection Act. (This case is currently on appeal).
• Nelson v. Appleway Chevrolet, Inc. - Represented consumers challenging car dealership's practice of collection Washington State B&O tax directly from consumers. The Washington Court of Appeals and Washington Supreme Court affirmed the trial court's orders certifying the class and holding the dealership's practice is illegal. Class-wide settlement approved by Spokane County Superior Court.
• Spafford v. EchoStar Communications Corp. - Defeated defendants' motion for summary judgment as part of litigation team representing all Washington residents who received automated pre-recorded telephone calls marketing satellite television subscribers. Class-wide settlement approved by U.S. District Court, Western District of Washington.

Employment Cases

• Abramowitz v. Neah Power Systems, Inc. - Negotiated confidential six-figure settlement on the eve of trial for former CEO whose former employer failed to pay agreed-upon severance. (Abramowitz v. Neah Power Systems, Inc., King County Superior Court, 2012)
• Retaliation Action - Negotiated confidential pre-litigation settlement for employee who experienced retaliation after employee raised concerns with employer about employer's possible violations of federal and international laws. (Confidential, 2011)
• Right to Practice Action - Negotiated confidential settlement on the eve of trial for attorney whose former law firm violated state law and the Washington Rules of Professional Conduct by interfering with attorney’s right to practice and attorneys’ clients’ right to choose representation. (Confidential, 2010)
• Retaliation Action - Negotiated severance package for salesperson terminated by major pharmaceutical company in retaliation for employee's reporting of harassment by manager. (Confidential, 2009)
• ADA Action - Negotiated confidential six-figure pre-litigation settlement for employee terminated in violation of the Americans with Disabilities Act by well-known Northwest retailer. (Confidential, 2008)

Sex Abuse & Discrimination Actions

• Discrimination Action - Negotiated confidential pre-litigation settlement for attorney terminated by law firm in violation of state and federal law prohibiting discrimination on the basis of gender and caregiver responsibilities. (Confidential, 2011)

Appeals

• Administrative Appeal - Represented provider of kidney dialysis services in several successful administrative appeals before the Washington State Department of Health challenging agency decisions on certificate of need matters. (2008-2010)
• Ehsani v. McCullough Family P'ship - Persuaded Washington Supreme Court to accept review of Court of Appeals decision holding attorneys who distribute judgment proceeds from their trust accounts to clients must provided restitution of those funds if the judgment is reversed on appeal. The Washington Supreme Court reversed the Court of Appeals' decision. (160 Wn.2d 586, 159 P.3d 407 (2007))
• Enger v. Richards - Successfully defended appeal of judgment in favor of former Internet entrepreneur in action seeking multi-million dollar damages relating to the sale of an Internet start-up to InfoSpace, Inc. Briefed and argued appeal before Division One of the Washington Court of Appeals. (Wash. App. 2006, opinion available at 2006 WL 2742513)
• J.T. Investments, Inc. v. Evergreen State Restaurant Corp. - Persuaded Florida Second District Court of Appeal to uphold trial court's dismissal of securities fraud claims against general partner and directors of restaurant franchise, based on enforcement of forum selection clause in partnership agreement. (Florida Court of Appeal, 2005).

Reported Cases

• Vernon v. Qwest Communications Int'l, Inc. - 643 F. Supp. 2d 1256 (W.D. Wash. 2009)
• Nelson v. Appleway Chevrolet, Inc. - 160 Wn.2d 173, 157 P.3d 407 (2007)
• Spafford v. Echostar Communications Corp. - 448 F. Supp. 2d 1220 (W.D. Wash. 2006)

Articles & Publications

• Kimberlee L. Gunning, Arbitration Clauses, Nursing Home Litigation Deskbook (Washington State Association for Justice, 1st ed. 2012).
• Founding Editor and Columnist, Litigation World, published by www.Technolawyer.com, 2010 – 2012.
• Kimberlee L. Gunning, Ensuring Fair Competition in Employment: Advising Employees About Non-Competition, Non-Solicitation, and Non-Disclosure Agreements, WSAJ Employment Law Essentials CLE, June 15, 2012.
• Beth E. Terrell and Kimberlee L. Gunning, Recent Developments in UDAP Class Actions from the Plaintiff’s Perspective, PLI Consumer Financial Services Institute, April – May 2012.
• Beth E. Terrell and Kimberlee L. Gunning, E-Discovery and Litigation Strategies in Employment Cases: Anticipating, Avoiding, and Resolving Issues Relating to Electronically Stored Information, 19th Annual WSBA Employment Law Institute, April 25, 2012.
• Kimberlee L. Gunning, Consumer Protection Act Update: Recent Appellate Decisions and Proposed Legislation, Trial News, March 2012.
• Hardeep Rekhi, Kimberlee L. Gunning and Katherine George, Editors, Civil Rights Deskbook, (Washington State Association for Justice, 2011).
• Kimberlee L. Gunning, The Consumer Protection Act: What You Need to Know to Protect Your Clients from Mayhem, Presentation to WSAJ Legal Staff Section, October 27, 2011.
• Kimberlee L. Gunning, Employment Class Actions in the Wake of the Supreme Court’s Decisions in Dukes, Concepcion and Shady Grove, WSBA 11th Annual Labor & Employment Law Conference, October 10, 2011.
• Kimberlee L. Gunning, New U.S. Supreme Court Decision: Bad News for Consumers?, Trial News, May 2011.
• Kimberlee L. Gunning, Sexual Orientation & Gender Identity Anti-Discrimination Law: Workplace Protections Under Washington & Federal Law, QLaw Partners Through Time: Using the Law to Support LGBT Relationships CLE, April 22, 2011.
• Kimberlee L. Gunning and Charlotte Sanders, Getting Too Personal: New Developments in CPA Claims Against Health Care Providers, Trial News, December 2010.
• Kimberlee L. Gunning (panel member), What I Wish I'd Known…, King County Bar Association, Solo/Small Firm Success Strategies CLE, October 30, 2009.
• Kimberlee L. Gunning and Sara Amies, Rising Retaliation Tide: What You Need to Know, King County Bar Association Bar Bulletin, September 2009.
• Beth E. Terrell, Kimberlee L. Gunning & Blythe Chandler, Covenants Not to Compete and Trade Secret Protection, Employment Law Deskbook (Washington State Association for Justice, 2d ed 2009).
• Guy Beckett and Kimberlee L. Gunning, Federal Preemption: A Change in the Wind?, Trial News, July/August 2009
• Kimberlee L. Gunning, Pleading with an Eye Toward Appeal: The Minefield of Post-Trial Motions, Washington State Association for Justice Motions Practice CLE, May 15, 2009.
• Kimberlee L. Gunning, Washington Courts Just Say No to Arbitration Clauses in Consumer Agreements, Trial News, March 2009.
• Beth E. Terrell and Kimberlee L. Gunning, Preservation and Spoliation of Electronic Information, Washington State Trial Lawyers Association Employment Law CLE, September 14, 2007.