Our Attorneys

Heather Adams is an attorney in the Seattle office of Betts Patterson & Mines, P.S. Her practice focuses on insurance defense, insurance coverage, and employment law matters.

Before joining Betts, Patterson & Mines, P.S., Heather worked for another local insurance defense firm. In addition to her experience as an attorney, Heather has over twenty years of experience in law firm management.

Heather is a native of the Pacific Northwest, born and raised in Southern Oregon. At the urging of colleagues and clients, she enrolled in the Paralegal Studies program at Edmonds Community College in 2001 and embarked on a two-decade journey to obtain her Juris Doctor. Heather graduated cum laude from Mitchell Hamline School of Law in 2021.

In her spare time, Heather enjoys spending time with her two kids, traveling, cooking, and running.

Luis E. Carlo is an attorney at Betts, Patterson, & Mines’ Seattle office. His practice currently focuses on all aspects of insurance defense.

Prior to joining Betts, Patterson, & Mines, he worked at a large nationwide insurance defense firm where he handled wrongful death, construction defect, and motor vehicle accident cases. Prior to practicing insurance defense, he counseled clients on the best strategies to handle their serious criminal matters with excellent results. His prior mortgage litigation consulting work resulted in multi-million-dollar settlements in cases where large banks failed to properly service mortgage loans and breached fiduciary duties to investors. Furthermore, Luis has testified at countless trials and depositions while representing a large regional bank, resulting in the recovery of millions of dollars in collateral.

Luis graduated from Barry University School of Law in 2012. He relocated to the Pacific Northwest in 2017 from Florida, holding licenses to practice law in both states.

In his spare time, Luis is passionate about international travel. In both undergrad and law school, he studied abroad in Austria. You will often find him on vacation in Western Europe, time permitting. Luis is a native Spanish speaker and speaks a bit of German.

Drew Carson joins the firm as a highly experienced trial attorney with 39 years of experience primarily in the areas of complex commercial litigation, insurance defense, and labor and employment law. A member of the Washington and Ohio state bars, Drew relocated to Seattle in 2018 drawn by the beauty of the Pacific Northwest.

His experience includes representing public and private companies and insureds at respected law firms, as in-house counsel for private companies, and representing governmental entities including the state of Ohio. He also has extensive experience defending insurance companies from bad faith claims and in relation to complex coverage issues.

Prior to relocating to Seattle, WA., Drew was a partner at a Cleveland, Ohio law firm, Miller Goler, where he practiced primarily complex commercial litigation. He also served as Lead Counsel for the City of Cleveland, Ohio’s Labor and Employment practice section prior to relocating.

His career highlights include having twice in his career being retained as special counsel by the state of Ohio’s Attorney General’s office to defend the state in class actions. He defended the state of Ohio in the largest class action ever prosecuted in the history of the state related to the state’s Bureau of Workers’ Compensation’s group employer premium rating system. Earlier in his career, he defended the state as special counsel in all litigation, including a class action, arising from a riot in 1993 at the state’s maximum-security prison in Lucasville, Ohio.

Over the course of his career, Drew has tried over 50 cases before a jury and, including bench trials and hearings before neutrals, he has conducted over 150 full evidentiary hearings.

Drew enjoys in his free time pursuing his lifelong devotion to classic literature and theatre and is a Shakespeare fanatic. Recreationally he is a passionate runner. Most importantly, he tries to make a difference in the lives of others.

Kenny is an Attorney in BPM’s Seattle office.  Kenny’s practice focuses on commercial, employment and insurance disputes.  He has experience working in a variety of litigation and business matters.  Prior to working at BPM, Kenny was an in-house attorney for a Fortune 100 company in Seattle.  Before becoming an attorney, Kenny worked at other large organizations in the Seattle area, which gives him a robust perspective regarding challenges organizations face in the area.

In his free time, Kenny enjoys playing tennis and muay thai.  His favorite film is Jerry Maguire.

Anne Cohen is the Managing Shareholder at Betts Patterson Mines P.S., where she has a multi-state practice that specializes in the defense of complex, multi-party litigation in an insurance defense context.

Anne’s practice has included a broad range of issues:  product liability (including engineered and construction products); the liability of contractors and developers; director and officer/partnership disputes; securities litigation; errors and omissions;  as well as foreclosure, medical malpractice and cyberlaw. Anne has represented a wide variety of businesses across a broad spectrum of claims, including contract and tort-based claims, discrimination, harassment, non-compete and trade secret claims. Her practice has also included representation of international business entities in US-based litigation, as well as the defense of class-action lawsuits.

Anne splits her time between the Portland and Seattle offices and routinely manages a team of lawyers and legal staff to address her clients’ legal and business issues. The goal is always to provide a comprehensive and effective representation while striving for maximum value for legal services provided.

Anne graduated from the University of Oregon School of Law, where her focus was civil litigation. During law school, Anne externed for the Honorable Henry C. Breithaupt of the Oregon Tax Court, and for the Honorable Ann Aiken in District Court for the State of Oregon. Upon graduation, Anne clerked for the Honorable Lyle C. Velure. During the year she clerked, Judge Velure presided over more than 50 jury trials and heard the civil motion docket in Lane County.

Before law school, Anne worked in middle management, with experience in both retail management, the management of fitness/health clubs and food service management.

Anne frequently presents to businesses, insurance companies and trade organizations on a variety of issues. She is available for lunch-and-learn or continuing education presentations and is always open for questions.

Representative Cases

PRODUCT LIABILITY/CONSTRUCTION DEFECT

• Defended a national manufacturer of engineered products used in mechanical systems from multiple and targeted multi-million dollar Product Defect, Consumer Protection Act, Negligence, Breach of Warranty actions. After extensive and rigorous discovery and motion practice, two cases were tried to a jury verdict with favorable results, such that remaining claims were favorably settled.
• Defended a landscaping contractor from claims of defective work, breach of contract and timber trespass relating to an old-growth tree on the property. Five day jury trial resulted in a defense verdict.
• Defended general contractor from claims of construction and product defect in a subrogation arbitration resulting from an overflowing second-floor bathtub. After a decision exonerating the client, attorney fees were awarded in the client’s favor.
• Defended homeowners from claims of construction defect by subsequent purchasers complaining of mold in attic and crawl spaces. Pre-litigation investigation demonstrated that new owners likely caused mold due to the installation of multiple sets of laundry machines that were not properly vented. No suit was filed.

SECURITIES/ EMPLOYMENT

• Defended a health-care technology company in a multi-million dollar action from claims of breach of non-solicitation clause relating to the actions of a former employee who passed away. Via successful dispositive motion practice, summary judgment was granted and later upheld by the Ninth Circuit.
• Defended a technology company in a multi-million dollar action from class action claims that it violated the Telephone Consumer Protection Act (TCPA), as well as Washington’s Consumer Protection Act. After discovery with qualified experts, and several rounds of motion practice we were able to eliminate claims, defeat plaintiff’s claim for summary judgment, and decertify one of the classes such that the remaining claims were settled very favorably shortly before trial.
• Defended technology start-up company from claims made by an employee for improper termination and improper valuation of his stock options. After discovery practice and extensive motion practice, the claims were successfully and favorably resolved.

BREACH OF CONTRACT

• Defended Boys & Girls Club from claims of breach of contract by donor who sought return of his donation. All claims were dismissed at summary judgment.
• Defended pharmacy entity from breach of contract and misrepresentation claims arising from sale of pharmacy business after it had been assigned a Receiver. Worked closely with counsel for Receiver to resolve claims without payment.
• Represented stone quarry business from contentious dispute relating to breach of the lease. Claims were ultimately and favorably resolved via a transaction which allowed for the purchase the land that was the subject of the dispute.

Tasha Lyn Cosimo is a Director in the firm’s Business Transactions Practice Group, and focuses on estate planning and estate administration, including trust administration and probate, in both Oregon and Washington.

She has been practicing law in Oregon since 2011, and in Washington since 2015, and has been practicing estate planning and administration exclusively since 2020. She has significant experience with the preparation of wills and trusts, formation of business entities, trust administration, and probate administration, including wrongful death probates. She also has experience with minor settlements and preparation of estate tax returns.

Tasha understands that estate planning can be daunting, and estate administration even more so. However, both are essential and best navigated with the support of a skilled, qualified team. Tasha’s goal is to empower clients, ensuring the process is handled with compassion, organization, efficiency, and full legal compliance.

Representative Cases

• Wills – assisted individuals, couples, and families with the preparation, and execution, of wills in Oregon and Washington.
• Trusts – assisted individuals, couples, and families with the preparation, execution, funding, and administration of trusts in Oregon and Washington, including, but not limited to, revocable trusts, irrevocable trusts, special needs trusts, disclaimer/bypass trusts, irrevocable life insurance trusts, charitable remainder trusts, testamentary trusts, and more.
• Advanced Tax Planning – assisted individuals, couples, and families with advanced tax planning for taxable estates in Oregon and Washington.
• Trust Administration Related to Death – assisted individuals and families with trust administration related to the death of a loved one in Oregon and Washington.
• Ongoing Trust Administration – assisted individuals, couples, and families with ongoing trust administration for revocable and irrevocable trusts, including trust funding in Oregon and Washington.
• Probate – assisted individuals and families with probate administration in Oregon and Washington.
• Simple/Small Estate Affidavits – assisted individuals and families with the Oregon Simple Estate Affidavit process and Washington Small Estate Affidavit process.
• Wrongful Death Only Probate – assisted individuals and families with Oregon wrongful death only probate administration in order to obtain approval of wrongful death settlements.
• No Asset Probate – assisted individuals, insurance carriers, and creditors with Oregon no asset probate administrations.
• Minor Settlements – assisted parents and families with the minor settlement court approval processes in Oregon and Washington.
• Business Formation – assisted individuals, couples, and families with business formation, transfer of assets, and business wrap up, including limited liability companies, in Oregon and Washington.
• Real Estate – assisted individuals, couples, and families with real estate transfers related to estate and business planning in Oregon and Washington.
• Estate Tax Preparation – prepared Oregon, Washington, and Federal estate tax returns.

Publications and Presentations

• Presenter, estate Planning 101 (2025, 2026)
• Presenter, Estate Planning for Mental Health Practicioners (2026)
• Presenter, Kids, Cash, and Court Orders (2026)
• Presenter, Wine, Wealth & Wills (2025)
• Presenter, Estate Checklist: Responsibilities as a Personal Representative or Trustee (2021, 2022, 2023, 2024)
• Presenter, SECURE Act 2.0: Why Should You Care? (2023)
• Presenter, Coffee Chat with My Lawyer (2021, 2023)
• Presenter, Goodbye 2021, Hello 2022 (2022)
• Presenter, A Personal Representative and Trustee’s Guide to Probate and Trust Administration (2021)
• Presenter, Roles Relationships: The Estate Executor, Power of Attorney, Agent, and Health Care Representative (2021)
• Presenter, Disclaimer Trusts: The What, Why How (2021)
• Presenter, Oregon Estate Tax How to Minimize It (2021)
• Presenter, Estate Planning to Avoid Probate (2021)
• Presenter, The When, Where, Why and How of Settlements Involving Minors, Estates, and Liens (2019)

Tasha believes that education is essential to feeling confident and empowered in managing your estate plan and/or performing your fiduciary role. She offers presentations to organizations and groups on a pro bono basis. If you’re interested in attending or hosting a presentation, please contact Tasha directly.

Michaila (Shay) Cushine is an attorney in the Portland office of Betts Patterson Mines P.S. where her practice focuses primarily on insurance defense matters.

Michaila earned her Bachelor of Science in Coastal Environmental Science from Louisiana State University prior to attending law school.  Michaila then went on to obtain her J.D. and Optional Graduate Diploma in Comparative Law from Louisiana State University.  She enjoys developing strong legal strategies to best advocate for her clients as well as identifying any opportunity for favorable early resolution of matters.

In her free time, Michaila enjoys spending time with her family and their dog, going on adventures, and trying new foods.

Lizz Esfeld is a Director in the Portland office of Betts Patterson Mines P.S. Lizz has a multi-state practice specializing in business litigation, complex torts, and catastrophic injuries. Lizz has successfully defended clients in multiple federal jurisdictions including the 9th and 7th Circuit as well as in state courts in Illinois, Oregon and Washington. Lizz prides herself in being able to leverage extensive litigation experience into providing her clients not only world class litigation services, but also transactional and corporate advice to help avoid litigation and set themselves up for success.

Lizz received a Bachelor of Science in Biology from Truman State University before moving to Chicago for law school, where she participated in DePaul’s Center for Intellectual Property Law program, received multiple accolades in Moot Court and was appointed to the Order of the Barristers. She practiced in Chicago for six years, representing doctors and hospitals among other complex litigation prior to moving to Portland. Her background in the sciences allows her to understand complex issues as well as communicate them effectively to juries.

Lizz volunteers for the Children’s Representation Project where she represents children pro-bono in custody cases in Oregon. Lizz is co-chair of the Roberts’ and Deiz Award Committee through which the Oregon Women Lawyers honor members of the legal community who mentor and promote those from outside the dominate culture. She is also co-founder of the Nepal Pride Project, which works to repatriate stolen works of art and cultural heritage to Nepal.

Representative Cases

• Successfully won an appellate verdict limiting liability for landlords under the Oregon landlord tenant act and limiting liability without certain proof under negligence at the summary judgment stage.
• Successfully won a motion for summary judgment ruling that emotional distress damages are not available under the Oregon landlord tenant act for habitability claims.
• Successfully won a motion for summary judgment in Washington limiting claims against service contract providers.
• Successfully won a motion for summary judgment regarding hot coffee in Oregon and extended caselaw from other parts of the country requiring some additional negligence beyond the temperature of coffee for a claim to be sustained.
• Successfully defeated motion to compel apex depositions of client in Oregon.
• Successfully defended client in discrimination claim in the Western District of Washington.
• Successfully defended against a motion for sanctions regarding video that was overwritten within 10 days of incident and established the standard for maintaining video footage in Oregon prior to notice of litigation.
• Negotiated the purchase and sale of hotels in Oregon and Washington including drafting and review of purchase agreements.
• Obtained a defense verdict in a two-week jury trial involving claims against a primary care physician of malpractice after patient developed endocarditis.
• Obtained summary judgment in Illinois Cook County regarding plaintiff’s practice of law without a license.

Jenny-Anne’s practice focuses primarily on the defense of personal injury and property damage claims brought against commercial and personal lines insurers and their insureds. Her practice involves the handling of a wide range of cases, including personal injury negligence, liquor liability, construction defect, product liability and business litigation.

Jenny-Anne has experience taking cases to jury verdicts as a lead trial attorney and has conducted numerous arbitrations and mediations in both Oregon and Washington. Jenny-Anne is also experienced in insurance coverage matters and regularly advises and defends carriers in coverage disputes. In addition, Jenny-Anne routinely helps carriers update policy language to meet state law.

Jenny-Anne’s well-rounded legal background has provided her with the ability to quickly evaluate key issues and identify strategic opportunities in her cases. This enables her clients to prepare for trial efficiently and effectively or pursue favorable early resolution of matters when appropriate.

Prior to law school, Jenny-Anne worked in Washington, D.C. as a federal lobbyist for Fortune 100 clients. Her practice area focused on highly technical issues for chemical, pharmaceutical and biotechnology sectors. Jenny-Anne continues to use her lobbying experience pro bono advocating for disability rights at the state and federal levels.

Candace Hayward-Hoke is an attorney in the Seattle office of Betts Patterson Mines P.S. where her practice focuses on insurance defense matters. She is licensed in Washington, Oregon & California.

Ms. Hayward-Hoke earned her B.A. in International Relations from the University of Redlands and an M.S. in Public Administration prior to attending law school. Working in public policy provided invaluable experience and ability to understand and cultivate a systems approach to advocacy. These skills have informed her insurance defense practice as she advocates for her clients and navigates through complex legal issues. Her strong desire to advocate for people and problem solve disputes led to her eventual pursuit of a legal career.

Ms. Hayward-Hoke obtained a joint J.D. and Alternative Dispute Resolution Certificate from Marquette University Law School. She loves being an advocate for others and has years of experience in mediation, client counseling, negotiation, motion and trial practice.

In her free time, Ms. Hayward-Hoke enjoys going on adventures with her husband and four kids, including traveling, anything to do with soccer, and exploring in nature.

Michael A. Incorvaia is an attorney at Betts, Patterson & Mines in the firm’s Seattle office. His practice focuses on Business and Corporate Law, with a particular emphasis on advising Family-Owned and Closely-Held Businesses.

Before joining Betts, Patterson & Mines, Michael practiced at a large national insurance defense firm, where he gained litigation experience handling matters involving personal injury, construction defects, product liability, and consumer protection. Michael brings real-world insight to his legal practice, having worked at companies ranging from startups to global enterprises prior to attending law school.

Michael earned his B.A. in Business Administration and Management Operations from Washington State University and his J.D. from the University of Seattle School of Law. While in law school, Michael was active in alternative dispute resolution competitions and contributed to legal scholarship as a published author with the Seattle Journal of Environmental and Technology Law.

Tony Kirkwood is a Director in BPM’s Seattle office. His practice focuses on a wide range of matters, including first party commercial property claims, personal injury suits, employment disputes, professional liability disputes, and non-solicitation, non-compete, and trade secret disputes.

Mr. Kirkwood’s experience includes the representation of both defendants and plaintiffs, and his work has led to take-nothing judgments for his clients, on the one-hand, and the recovery of hundreds of millions of dollars on behalf of clients, on the other. His practice has also been diverse in that, in addition to his admissions to practice law in all state and federal district courts in Washington and Texas, he has represented clients in state and federal courts throughout the United States, including Washington, Missouri, New York, Michigan, Nevada, Texas, South Carolina, Georgia, Florida, Louisiana, Alabama, Mississippi, Arizona, and Oklahoma.

Mr. Kirkwood graduated with honors, Order of the Coif, from the University of Texas School of Law in 2001. Prior to that, he served in the United States Navy from 1986-1992 and served in Desert Shield and Desert Storm. He has also given seminars and taught classes relating to a variety of topics, including discovery, the practice of law, and the importance of communication between attorneys and staff and the responsibilities of both parties in that regard.

When not working, Mr. Kirkwood enjoys spending time with his family and friends, most of which is consumed by his children, reading, beaches, swimming, sports, and a good beer.

Brad’s practice focuses on litigation and appellate work in state and federal courts with an emphasis on complex litigation, including insurance coverage disputes, construction defect, environmental, business and defense of professionals. His experience includes coverage analysis and litigation of cases arising out of first party property, commercial general liability, professional and other specialty policies. Brad also represents businesses and individuals in a variety of business transactions, real estate and litigation matters. Brad has been involved in numerous complex disputes at the trial and appellate level. His past practice includes service as in-house counsel for a major insurance company.

Mark Mills is a Director with Betts Patterson Mines P.S. where he practices in the Insurance Coverage Practice Group. Practicing for over 30 years, he has advised insurers on coverage issues involving commercial general liability, commercial property, inland marine, commercial auto, homeowners, and personal auto policies. He has tried multiple cases to verdict in both coverage and defense contexts. He now advises insurers on coverage questions and represents them in related litigation under commercial general liability and related coverages, such as director and officer, employment practices, and management protection.

Mark represents insurers on claims involving:

• Construction defects,
• Intellectual property disputes,
• Additional insured issues,
• Product withdrawals, and
• Related duties to defend and indemnify against litigation or claims made under commercial liability policies.

Representative Cases

• Obtained summary judgment that insurer had no duty to defend or indemnify under Washington law against construction defect allegations. Also obtained summary judgment dismissal of Washington State Insurance Fair Claims Act (IFCA) cause of action when insurer client denied duty to defend outright without defending insured under a reservation of rights or filing a declaratory judgment action. Chase Constr. N.W. Inc. v. AIX Specialty Ins. Co., No. C15-19, 2015 WL 12001272 (W.D. Wash. June 23, 2015).
• Drafted coverage analysis and letter denying coverage for claim that client’s Commercial General Liability policy covered the insured contractor’s liability for “get to” or “tear out” costs. This resulted in the client saving a six-figure sum for defense and indemnity expenses.
• Montana insured was sued for infringing on plaintiff’s intellectual property rights. Drafted coverage analysis and letter denying defense and indemnity that resulted in insured dropping bad faith claims against client.
• Advised Commercial General Liability insurers on segregating covered damages from excluded ones, making the correct indemnity payments, and avoiding extra-contractual liability in two cases (Oregon and Washington) in which arbitrators made large lump sum construction defect awards without supporting detail.
• Represented a surplus lines Commercial General Liability insurer. Following an audit, the insured contractor sued for a refund of its premium and named our client (the surplus lines insurer), the surplus lines broker, and producing broker. The insured also alleged failure to comply with Washington’s surplus lines statutes, Consumer Protection Act violations, and professional negligence. The suit was dismissed, and our client paid nothing.
• Advised a Commercial General Liability carrier of an insured subcontractor, which was a defendant in a Washington state condominium construction defect suit in which the owners’ association alleged $15 million to repair the complex, and the insured’s portion was $335,000. Our client and four other carriers were defending the insured under a reservation of rights. The insured’s liability was settled for $7,500, and our client’s share was $1,750.
• Advised the Commercial General Liability carrier of a large commercial potato grower and a potato growers’ association. The insureds were defendants in price fixing federal suits in California and Idaho. Our unchallenged coverage denial saved our client tens of thousands of dollars in defense costs.
• Advised a condominium developer’s Commercial General Liability carrier. The condominium developer was a defendant in a Washington state construction defect suit. Our unchallenged denial of the duty to defend or indemnify under the sold or alienated premises exclusion saved the client hundreds of thousands of dollars in defense costs and indemnity payments.
• Advised the Commercial General Liability insurer of a Montana plant nursery. The insured nursery was a defendant in a federal patent infringement suit set in a Missouri federal court. Our unchallenged denial of the duty to defend or indemnify saved the client tens of thousands of dollars in defense expenses and indemnity proceeds.
• Advised the inland marine insurer of a Montana contractor. The contractor sought coverage for defective construction of part of a project to build a cell phone tower. Advised carrier to indemnify saving client from extra-contractual exposure and associated expenses for incorrect denial of a claim involving esoteric coverage issues.

Prior to relocating to Seattle, WA., Drew was a partner at a Cleveland, Ohio law firm, Miller Goler, where he practiced primarily complex commercial litigation. He also served as Lead Counsel for the City of Cleveland, Ohio’s Labor and Employment practice section prior to relocating.

His career highlights include having twice in his career being retained as special counsel by the state of Ohio’s Attorney General’s office to defend the state in class actions. He defended the state of Ohio in the largest class action ever prosecuted in the history of the state related to the state’s Bureau of Workers’ Compensation’s group employer premium rating system. Earlier in his career, he defended the state as special counsel in all litigation, including a class action, arising from a riot in 1993 at the state’s maximum-security prison in Lucasville, Ohio.

Over the course of his career, Drew has tried over 50 cases before a jury and, including bench trials and hearings before neutrals, he has conducted over 150 full evidentiary hearings.

Drew enjoys in his free time pursuing his lifelong devotion to classic literature and theatre and is a Shakespeare fanatic. Recreationally he is a passionate runner. Most importantly, he tries to make a difference in the lives of others.

Appellate Cases

• Ninth Circuit Court of Appeals affirmed summary judgment that client had no duty to defend or indemnify insured contractor for its work on condominium buildings when policy excluded liability arising from the insured’s work in connection with any condominium. Chase Constr. N.W., Inc. v. AIX Specialty Ins. Co., No. 15-35591, 2018 WL 832467 (9^th Cir. February 13, 2018)
• Represented defendant who successfully argued on appeal that he did not make an alternative service arrangement with plaintiff’s process server. Gross v. Sunding, 139 Wn.App. 54, 161 P.3d 380 (2007)
• Represented subcontractor in case clarifying spoliation under Washington law.  Homeworks Construction, Inc. v. Wells, 133 Wn App. 892, 138 P.3d 654 (2006)
• Represented defendant in case clarifying witness disclosure requirements under state and local discovery rules. Lancaster v. Perry, 127 Wn.App. 826, 113 P.3d 1 (2005)
• Successfully defended marine insurance broker against errors and omissions suit for failing to procure war risks coverage where the causes of the vessel’s loss – Russian authorities’ seizure of vessel or Russian court’s transfer of vessel’s title – would not have been covered under war risks endorsement.  International Ultimate, Inc. v. St. Paul Fire & Marine Insurance Co., 122 Wn App. 736, 87 P.3d 774, review denied, 153 Wn. 2d 1016, 101 P.3d 109 (2004).
• Represented first party auto insurer of classic British automobile in successful appeal where Washington’s Court of Appeals held that client was prejudiced as a matter of law when insured failed to produce material financial documents after a fire destroyed the vehicle. Keith v. Allstate Indemnity Co., 105 Wn.App. 251, 19 P.3d 443 (2001)
• Represented first party property insurer which prevailed on appeal where Washington’s Court of Appeals held that the client was prejudiced as a matter of law by insured’s failure to produce material financial information when client suspected insured of overstating loss.  Herman v. Safeco Insurance Co. of America, 104 Wn App. 783, 17 P.3d 631 (2001)
• Successful appeal by client – first party property insurer – in case where Washington’s Supreme Court held that insured lacks insurable interest when he conveys property before loss even if he intends to re-purchase the property. Gossett v. Farmers Insurance Company of Washington, 133 Wn.2d 954, 948 P.2d 1264 (1997)
• Represented first party property insurer filing amicus brief in case where Washington Supreme Court held that insured must replace property before claiming replacement cost proceeds.  Hess v. North Pacific Insurance Co., 122 Wn.2d 180, 859 P.2d 586 (1993)

Publications & Presentations

• Co-Author (along with Martetta Thompson of Berkley Select, A Berkley Co.) Beyond the Template:  Write an Effective Reservation of Rights Now and Avoid Trouble Later , CLM Magazine, July 2019.
• Author, Hazy Coverage:  Analyzing the Duty to Defend Newly Insured Marijuana Businesses under Standard CGL Provisions, CLM Magazine, March 2018.
• Co-author (along with Daniel L. Syhre and Kathryn N. Boling), “Get To” Costs Correctly Understood, In-House Defense Quarterly, 56 – 60 (Spring 2016).
• Presenter/Panelist, Defending Under Reservations of Rights in Alaska, Idaho, Oregon, and Washington: Pitfalls to Avoid for Insurers and Defense Attorneys, Claims and Litigation Management Alliance (CLM) Pacific Northwest Regional Conference, (March 10, 2016).
• Presenter, Insurance 411: What Every New Lawyer Must Know, Young Lawyers Division of the King County Bar Association, (April 16, 2015).
• Presenter, Construction Defect Disputes & Litigation: Using Coverage, Case Law and Indemnification to Shift Liability, NBI, (December 8, 2014).
• Presenter, Subrogation: Medicare, ERISA, Auto and Workers’ Compensation Challenges, NBI, (June 26, 2013).
• Author, Finding and Construing Policy Language, Washington Motor Vehicle Accident Insurance Deskbook, Chapter Supplement, Washington State Bar Association, (2009 Supplement).
• Mark has given in-house presentations on insurance related topics to carriers and the local CPCU organization.

James represents businesses in “bet the company” cases. According to a law partner, “clients want James on the field when the game is on the line.” Like a seasoned quarterback, James focuses narrowly on the goal line. James calls plays that are carefully designed to score quickly and efficiently, mindfully respecting his clients’ budget and goals. James uses his years of experience in court to call the right plays at the right time.

James joined Betts Patterson Mines, P.S. in 1980. Since then he has counseled hundreds of clients in a diverse array of complex business disputes including trade secrets, securities, estate, and consumer class action cases. He has represented manufacturers, engineers, distributors, banks, general contractors, developers, insurance brokers, and technology companies. James is a seasoned litigator whose notable engagements include:

• Defending a Texas-based Fortune 100 manufacturing conglomerate in a suit brought by the largest construction contractor in the Pacific Northwest. The dispute involved a multi-million-dollar contract for the sale of massive diesel generator sets that were specially designed to power an Air Force radar station on a remote Aleutian island. The contractor sued the manufacturer for delaying the project. The manufacturer recovered $2.4 million on its counterclaim.
• Representing an automobile manufacturer that purchased 12,000 motor vehicle engines in Japan for assembly in Windsor, Ontario. The engines were worth $13 million. They had been shipped from Japan to Washington for rail transport to Windsor and were delayed at Sea-Land’s Tacoma dock due to a major West Coast Teamsters strike. Because the delay threatened to shut down the manufacturer’s Windsor minivan plant, the manufacturer brought an emergency replevin action. The engines were released from Sea-Land’s dock within 24 hours.
• Defending the leading manufacturer of digital multimeters in Europe against color-combination-related trade dress claims brought by the largest manufacturer of digital multimeters in the U.S. The U.S. manufacturer claimed that the French manufacturer infringed trademark rights that it had developed in its contrasting yellow and dark color scheme. The case settled on the eve of trial. The French manufacturer acquiesced in the U.S. manufacturer’s trademark rights in the U.S. in exchange for a perpetual, paid up license that allowed it to continue to use its traditional corporate colors on key product lines.
• Defending hotel owners against securities fraud, racketeering, breach of fiduciary duty, and wrongful withholding of wages claims arising out of a troubled hotel acquisition. The defense was seller’s remorse—that is, that the plaintiff withdrew from the partnership because he could not tolerate the risk. The plaintiff’s motion for a preliminary injunction was denied, and the plaintiff’s lis pendens was quashed. The jury returned a defense verdict after deliberating for only two hours following a two week jury trial.
• Representing a decedent’s former business partner in a struggle with the decedent’s estate for control of a corporation. The corporation owned a casino. Initially, the partner won a preliminary injunction blocking an estate-backed special shareholders meeting for the purpose of removing the corporation’s board and halting a 3,333% rent increase. The partner also won summary judgments thwarting the estate’s infringing use of the casino’s trademark and awarding the corporation $3 million on its counterclaim.
• Representing a computer network consulting company in a suit against a former employee who secretly concluded an independent contract with a major customer by presenting proprietary technical information as his own. Following a one-week trial in federal court, an Oregon jury returned a verdict for compensatory and punitive damages for violations of the Uniform Trade Secrets Act.
• Representing an Alaska corporation in a suit to recover losses it suffered due to theft and mismanagement by the manager of its retail stores and to remove a member of its board of directors who covered up the fraud. Following a one-week jury trial in Alaska Superior Court, the retailer recovered a judgment for compensatory and punitive damages against the former manager and the director. The court also barred the director from re-election to the board pursuant to Alaska Stat. § 10.06.463.

Representative Cases

• Obtained summary judgment that insurer had no duty to defend or indemnify under Washington law against construction defect allegations. Also obtained summary judgment dismissal of Washington State Insurance Fair Claims Act (IFCA) cause of action when insurer client denied duty to defend outright without defending insured under a reservation of rights or filing a declaratory judgment action. Chase Constr. N.W. Inc. v. AIX Specialty Ins. Co., No. C15-19, 2015 WL 12001272 (W.D. Wash. June 23, 2015).
• Drafted coverage analysis and letter denying coverage for claim that client’s Commercial General Liability policy covered the insured contractor’s liability for “get to” or “tear out” costs. This resulted in the client saving a six-figure sum for defense and indemnity expenses.
• Montana insured was sued for infringing on plaintiff’s intellectual property rights. Drafted coverage analysis and letter denying defense and indemnity that resulted in insured dropping bad faith claims against client.
• Advised Commercial General Liability insurers on segregating covered damages from excluded ones, making the correct indemnity payments, and avoiding extra-contractual liability in two cases (Oregon and Washington) in which arbitrators made large lump sum construction defect awards without supporting detail.
• Represented a surplus lines Commercial General Liability insurer. Following an audit, the insured contractor sued for a refund of its premium and named our client (the surplus lines insurer), the surplus lines broker, and producing broker. The insured also alleged failure to comply with Washington’s surplus lines statutes, Consumer Protection Act violations, and professional negligence. The suit was dismissed, and our client paid nothing.
• Advised a Commercial General Liability carrier of an insured subcontractor, which was a defendant in a Washington state condominium construction defect suit in which the owners’ association alleged $15 million to repair the complex, and the insured’s portion was $335,000. Our client and four other carriers were defending the insured under a reservation of rights. The insured’s liability was settled for $7,500, and our client’s share was $1,750.
• Advised the Commercial General Liability carrier of a large commercial potato grower and a potato growers’ association. The insureds were defendants in price fixing federal suits in California and Idaho. Our unchallenged coverage denial saved our client tens of thousands of dollars in defense costs.
• Advised a condominium developer’s Commercial General Liability carrier. The condominium developer was a defendant in a Washington state construction defect suit. Our unchallenged denial of the duty to defend or indemnify under the sold or alienated premises exclusion saved the client hundreds of thousands of dollars in defense costs and indemnity payments.
• Advised the Commercial General Liability insurer of a Montana plant nursery. The insured nursery was a defendant in a federal patent infringement suit set in a Missouri federal court. Our unchallenged denial of the duty to defend or indemnify saved the client tens of thousands of dollars in defense expenses and indemnity proceeds.
• Advised the inland marine insurer of a Montana contractor. The contractor sought coverage for defective construction of part of a project to build a cell phone tower. Advised carrier to indemnify saving client from extra-contractual exposure and associated expenses for incorrect denial of a claim involving esoteric coverage issues.

In recent years, James has also developed a substantial mid-market transactional practice that includes business planning, estate planning, and commercial real estate. He works with clients at every stage of the business life cycle, offering clients advice from “cradle to grave.”

James is admitted to practice in Washington, Oregon, Alaska, and Idaho. He is rated “AV” by Martindale-Hubbell and has been recognized as a “Super Lawyer” each year from 2003-2025. James served as the firm’s managing partner for 15 years. He graduated from University of Oregon with a B.S. in Economics in 1977 and received his J.D. from University of Washington in 1980.

James is one of the firm’s representatives at LAWorld. LAWorld is a network of 57 mid-sized law firms covering most of the major commercial centers around the world, with more than 1350 lawyers in 100 cities. LAWorld’s purpose is to provide its members’ clients with instant access to quality legal advice anywhere in the world.

James is a frequent writer and speaker in the legal community. His topics include developments in antitrust law that impact intellectual property licensing transactions and law firm organizational health.

Representative Cases

APPELLATE DECISIONS

• Ceva Freight, LLC v. Employment Dep’t, 279 Or. App. 570 (2016), rev. denied, 360 Or. 751 (2016).
• Bryant v. Am. Seafoods Co., 348 Fed. Appx. 256 (9th Cir. 2009) (affirming dismissal for lack of standing).
• Grand View Homes L.L.C. v. Cascade Testing Laboratory, Inc., No. 60217-9-I, 2008 WL 4053439 (Wash. App. Div. I September 2, 2008) (notation of unreported decision at 146 Wash. App. 1044).
• Experience Hendrix L.L.C. v. The James Marshall Hendrix Foundation, No. 05-36029, 2007 WL 1748354 (9th Cir. June 18, 2007), cert. denied, 128 S. Ct. 908 (2008).
• Stonebridge Securities, LLC v. Devine, No. 58458-8-I, 2007 WL 1464431 (Wash. App. Div. I May 21, 2007) (notation of unreported decision at 138 Wash. App. 1047).
• Martinez v. Cape Fox Corporation, 113 P.3d 1226 (Alaska 2005).
• Shields v. Cape Fox Corporation, 42 P.3d 1083 (Alaska 2002).
• Omega Environmental, Inc. v. Blohorn, No. 00-35211, 2001 WL 1356831 (9th Cir. Nov. 5, 2001).
• Undersigned Shareholders of the Cape Fox Corporation v. Cape Fox Corporation, No. 0990 (Alaska Sup. Ct. Aug. 30, 2000).
• Hewitt v. Hewitt, No. 36607-6-I, 1997 WL 306417 (Wash. App. Div. I June 9, 1997).
• Hamilton Properties, Inc. v. Associated Grocers, Inc., 144 Or. App. 171, 925 P.2d 1237 (1996).
• City of Ketchikan d/b/a Ketchikan Public Utilities v. Cape Fox Corporation, 65 F.3d 754 (9th Cir. 1995), opinion withdrawn, 74 F.3d 191, opinion replaced, 85 F.3d 1381 (1996).
• BBC Dodge, Inc. v. Chrysler Corporation, No. 36799-4-I, 1996 WL 146723 (Wash. App. Div. I Apr. 1, 1996).
• Ketchikan Public Utilities, 74 Fed. Energy Reg. Comm’n ¶ 62,113, 1996 WL 21903 (Fed. Energy Reg. Comm’n Jan. 22, 1996).
• Tongass Alaska Girl Scout Council, Inc. v. Cape Fox Corporation, No. 94-36177, 1995 WL 555747 (9th Cir. Sept. 18, 1995) (notation of unreported decision at 67 F.3d 309).
• Hewitt v. Hewitt, 78 Wash. App. 447, 896 P.2d 1312 (1995).
• Wright Schuchart, Inc. v. Cooper Industries, Inc., Nos. 93-35778, 93-35946 and 93-36074, 1994 WL 621889 (9th Cir. Apr. 21, 1995) (notation of unreported decision at 40 F.3d 1247).
• Beal v. Aexel, No. 16355-1-II (Wash. App. Div. II Feb. 23, 1995).
• Overlake Chrysler Plymouth, Inc. v. Chrysler Corporation, Nos. 25917-2-I and 26122-3-I (Wash. App. Div. I Aug. 26, 1991).
• Richter v. Trimberger, 50 Wash. App. 780, 750 P.2d 1279 (1988).
• Rawson v. United Steelworkers of America, 111 Idaho 630, 726 P.2d 742 (1986).
• Hewson Construction, Inc. v. Reintree Corporation, 101 Wash. 2d 819, 685 P.2d 1062 (1984).
• Hoppenbrouwer v. Farmers Insurance Exchange, No. 83-3752 (9th Cir. Feb. 17, 1984) (notation of unreported decision at 730 F.3d 766).
• Cascade Cabinet Co. v. Western Cabinet & Millwork, Inc., 710 F.2d 1366 (9th Cir. 1983).
• Williams v. Seattle School District No. 1, 97 Wash. 2d 215, 643 P.2d 426 (1982).

Publications & Presentations

• The “Nuts and Bolts” of Practice Group Management, Address at LAWorld Annual Meeting in Santiago, Chile (April 12, 2018).
• Making Your Law Firm a Great Place to Work (and Keeping It That Way), Address at LAWorld Annual Meeting in Barcelona, Spain (May 3, 2017).
• Consent Judgments in Washington: What You Need to Know to Keep from Getting Burned, Address at RSUI Group Annual In-House Seminars in Atlanta (April 24, 2012) and Los Angles (May 14, 2012).
• Developments in Antitrust Law That Impact Intellectual Property Licensing Transactions, 78 Defense Counsel Journal 274 (July 2011).
• Recent Developments in Antitrust Law that Impact Intellectual Property Licensing Transactions, Address at the Fifth Annual Conference on Complex Licensing Transactions (August 26, 2010).
• Antitrust and Intellectual Property: Where is that Crossroads in 2010?, Address at Antitrust Enforcement in Global Technology Markets Conference (June 17, 2010).
• Understanding the Professional Capabilities of LAWorld’s American Firms, Address at LAWorld’s Annual Meeting in Dublin, Ireland (April 29, 2008).
• Threats to Excellence in Civil Trial Advocacy, Address at the Installation of the Betts, Patterson & Mines Professorship in Trial Advocacy at The University of Washington School of Law (April 11, 2008).
• Losing Priority: Security Interests in Collateral Obtained in Contravention of the Federal Securities Laws, Defense Research Institute Commercial Litigation Committee Newsletter The Business Suit 1-2 (Nov. 2005).
• Composite Trademarks: Deconstructing the Similarity of Marks Element in a Trademark Infringement Action, 72 Defense Counsel Journal 347 (Oct. 2005).
• The Basics of the Class Action Fairness Act of 2005, Address at the International Association of Defense Counsel Annual Meeting (July 4, 2005).
• New Class Action Settlement Notice Requirements Made to Combat Clientless Litigation, 18 LAWorld International Business Briefing 5 (May 2005).
• Removing “Loss” from Loss Causation: An Assessment of the Loss Causation Pleading Requirement in the Ninth Circuit, Washington Defense Lawyers: Defense News 1-2, 4 (Feb./Mar. 2005).
• Defending Managed Earnings Cases by Understanding Revenue Recognition, 71 Defense Counsel Journal 289 (July 2004).
• Single Application International Trademark Registration Now Available to the United States, International Association of Defense Counsel Intellectual Property Committee Newsletter 1-2 (Feb. 2004).
• A Few Things Civil Trial Lawyers Need to Know About the Fifth Amendment, Washington Defense Lawyers: Defense News 1-5, 14 (Sept. 2003).
• Survey Evidence of Likelihood of Confusion in Trademark Cases: How Much Confusion Is Enough? International Association of Defense Counsel Intellectual Property Committee Newsletter 1-10 (April 2002).
• Opposing Damages Claims Based Upon Discounted Cash Flow Analysis in Business Cases, International Association of Defense Counsel Business Litigation Committee Newsletter 1-4 (June 2000).
• Barring Consequential Damages Despite the Failure of an Exclusive Remedy, International Association of Defense Counsel Business Litigation Committee Newsletter 1-5 (Sept. 1999).
• ANCSA 14c and Shareholder Benefit Issues, Address at Alaska Bar Association Ninth Annual Alaska Native Law Conference (Oct. 16, 1996).
• The Nuts and Bolts of Commercial Litigation, Address at Seattle Executives Association Luncheon (Feb. 12, 1994).
• What Makes a Legal Matter Newsworthy? (How to Handle Your Case Without Prejudice to Your Client), Address at the Washington State Bar Association’s Road Map to Better Understanding Bench/Bar Press Conference (Nov. 19, 1993).
• Lender Liability: Closing Argument from a Hypothetical Case, Address at the Sixth Annual Pacific Northwest Bankruptcy and Credit Seminar (May 19, 1990).
• When the Going Gets Rough, Address at the Alexander Hutton, Inc. Smart Borrower Seminar (Dec. 9, 1987).