REPRESENTATIVE EXPERIENCE
Philip M. Guess
Securities and Fraud Litigation
Represented publicly traded renewable energy company in defense of various claims, including
alleged racketeering, breach of fiduciary duty, conversion. Secured stay of case pending
resolution of clients’ actions in foreign country.
Secured summary judgment for publicly traded renewable energy company with respect to founder’s
termination and claims of equity ownership Monfort v. ADOMANI, Inc., 18-CV-05211-LHK, 2019 WL
6311378 (N.D. Cal. Nov. 25, 2019); see also 2019 WL 131842 (N.D. Cal. Jan. 8, 2019).
Represented entrepreneur before the US Court of Appeals for the Ninth Circuit, obtaining
dismissal of securities fraud claim. 748 F. App’x 732 (9th Cir. 2018).
Represented individual/fund in defense of US$10 million lawsuit seeking compensation for alleged
investment advice. Case summarily dismissed. Case No. 4:15-CV-40082-TSH, 2015 WL 5822629 (D.
Mass. Oct. 1 2015).
Represented liquidating trustee for the Meridian real estate funds in resolution of a US$220
million fraudulent scheme, the largest fraud of its kind in the Pacific Northwest. In Re:
Consolidated Meridian Funds, et al., 487 B.R. 263 (W.D. Wash. 2013).
Represent defrauded institutional investors in In Re Bayou Group, LLC in Southern District of
New York bankruptcy court. Institutional investors ultimately recovered monies and judgments in
excess of US$75 million. 363 B.R. 674 (S.D.N.Y. 2007).
Represented global pesticides company and its subsidiary in Florida District Court in dispute
with subsidiary’s founder and former executive alleging securities fraud, fraud, breach of
fiduciary duty, and breach of contract.
Represent Northwest and California-based investment funds with respect to investor losses in the
investments in the Bernard L. Madoff Ponzi Scheme in California state litigation.
Represented a city retirement system with respect to fraudulent acts of broker-dealer managing
assets.
Represented publicly traded renewable energy company in Riverside Superior Court in ’33 Act case
asserting material omissions in disclosures related to initial public offering.
Represented medical diagnostic laboratory in derivative case pending in San Jose Superior Court.
Represented an investment fund in investigations before the Washington Department of Financial
Institutions pertaining to management fees.
Represented large state employees’ pension fund in dispute with investment fund and former
founder pertaining to founders’ recent criminal plea related to bribery scandal.
Represented former Chief Financial Officer of San Diego, California-based technology company in
company investigation and associated derivative action.
Represented a publicly traded renewable energy company with respect to informal or formal
investigations by the Securities & Exchange Commission into potential employee insider trading.
Represented an East Coast-based investment fund in bankruptcy proceedings before the US District
Court for the Southern District of New York.
Represented mineral company in class and derivative actions in Idaho federal court.
Represented warehouse lending company in fraudulent conveyance action against former retail
lender in King County Superior Court. Obtained multimillion-dollar summary judgment award.
Merger/Acquisitions and Valuation Litigation
Represented seller of workplace safety equipment company in dispute related to application of
Generally Accepted Accounting Principles affecting earn out payment.
Represented seller of maritime services company in dispute related to application of Generally
Accepted Accounting Principles affecting earn out payment.
Represented a minority shareholder in a global public relations and media company in a
valuation/breach of fiduciary duty dispute.
Represented investment fund in dispute over buyout of co-founder and alleged breaches of
fiduciary duty.
Represented large resource company in valuation dispute regarding natural gas field.
Represented consulting firm in valuation case involving departing partner.
Represented educational services company in dispute regarding claims associated with
post-transaction claims against escrow.
Other Business Litigation
Represent large food processor in dispute with national chicken producer regarding the supply of
chicken products adulterated with bones. Secured US$10.5 million jury verdict as well as US$13.6
million judgment (total recovery US$16.6 million). Case No. C22:22-CV-0296 (Dkt. 392, W.D.
Wash., May 8, 2025).
Represented several large financial institutions in series of cases involving allegations of
wrongful foreclosure and/or violation of various federal lending laws and regulations. Secured
numerous dismissals and settled numerous other cases on favorable terms.
Represented national cellular telephone company in litigation in Kitsap County Superior Court
involving multimillion-dollar breach of contract dispute. Obtained multimillion-dollar summary
judgment award.
Represented a Seattle, Washington-based technology company in multimillion-dollar breach of
contract action filed in King County Superior Court.
Represented a large national pipeline company in dispute with various agencies of the State of
Washington regarding awarding requisite permits for expansion. Secured injunctive relief in
client’s favor.
Represented a British university in breach of contract dispute with former PhD candidate filed
in federal court in the Western District of Washington. Secured summary dismissal of case which
was upheld on appeal. 2002 WL 73228 (Jan. 8, 2002); 113 Fed.Appx. 193 (2004).
Represented consultant related to investment in renewable energy tax equity investment.
Represented Pennsylvania-based energy company in large breach of contract arbitration related to
transportation and delivery of natural gas.
Represented a national cellular telephone company in consumer class action filed in King County
Superior Court regarding purported improper allocation of minutes. Case summarily dismissed.
Represented a Taiwan-based technology company in breach of contract litigation in federal
District Court in Indiana and Hong Kong.
Employee Mobility Litigation
Represented companies regarding allegations of theft of trade secrets, violations of non-compete
agreements, or both. Representations extend to many industries, including technology, investment
services, pharmaceuticals, medical supplies and devices, global logistics, gaming, premium
machine products, marketing, and fisheries. Jurisdictions include state and/or federal courts in
Washington, Oregon, California, Texas, Ohio, and Missouri. Have secured restraining orders and
injunctions in prosecution (see e.g. Case No. 3:17-CV-01160-MO (Or. D. November 3, 2017) and
dismissals while defending.
