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David D. HoffMember

In honor of our esteemed partner and former WSBA president. Your colleagues will forever miss you.

1938 - 2012

Read more at The Seattle Times

Professional Experience

David's practice focuses on securities and complex civil litigation, including class action and environmental property damage litigation. He has extensive experience litigating cases in state and federal courts throughout the country and before federal and state regulatory bodies.

David is a frequent lecturer and expert witness on securities law, litigation, ethical and law practice issues, and has served as an arbitrator and mediator in numerous matters. His background includes securities issuance experience representing underwriters and issuers of securities. David has been in private practice in the state of Washington since 1963, following one year as a law clerk to Justice Frank P. Weaver of the Washington State Supreme Court

Representative Matters

Securities Litigation

Hines v. Data Line Systems Inc., 114 Wn.2d 127 (1990) - Landmark case in the state of Washington where during the company's IPO, the CEO of the company had emergency brain aneurism surgery which was not disclosed to the investors. This is the leading case establishing the parameters of control person liability under the Washington State Securities Act.

Stewart v. Estate of Steiner, 122 Wn. App. 258 (2004) - Represented seller of securities in suit brought by a purchaser alleging misrepresentations in leading case establishing application of the requirement of reliance on seller liability under the Washington State Securities Act.

In re River Park Square Project Bond Litigation (2001-2005) - Represented the Spokane Downtown Foundation in multi-party litigation filed by investors arising out of the sale of approximately $31 million of bonds for the purchase of the River Park Square parking garage. Plaintiffs included institutional investors, individual investors represented by U.S. Bank as trustee, and an insurance company that provided insurance on $13 million of bonds. Plaintiffs alleged claims under federal and state securities laws and under state common law against the City of Spokane, the developers of the project, Prudential, the Spokane Downtown Foundation, Walker Consultants and two law firms. All claims against the Spokane Downtown Foundation were settled prior to trial.

In re Garretson v. Red-Co, 9 Wn. App. 923 (1973) - Represented purchaser of securities in case establishing the standard for valuation of privately held securities under the civil liabilities provisions of the Washington State Securities Act.

Trimble v. Holmes Harbor Sewer District (2001-2003) - Represented investors in a class action involving a fraudulent bond offering of over $20M by a Washington municipal entity, achieving a return of the entire amount of their lost investment for bond holders who purchased through two broker-dealers in California, and 65% recovery for remaining investors.

Represented numerous plaintiffs and brokers in securities disputes before FINRA and its predecessor NASD, as well as in other alternative dispute resolution forums, resulting in successful mediated and arbitrated settlements.

Shareholder Litigation

Successfully represented client in a RICO case involving a public Internet company.

Represented client in derivative liability case involving a failed medical service provider.

Represented client in derivative liability case involving merger of companies engaged in telecommunications technology.

Represented investors and franchise holders in resolving corporate governance and shareholder oppression issues through litigation.

Represented a one-quarter minority share owner in a national technology company achieving a successful buyout of his shares through a minority shareholder oppression suit.

Successfully represented minority shareholders against the management and board of directors of a regional bank in a derivative shareholder action over mismanagement and minority shareholder oppression.

Commercial Litigation

Successfully represented the manager of a large regional dealership of a national truck manufacturer in a breach of contract and wrongful termination case.

Represented the owners of multifamily residential buildings near the City of Tacoma landfill in several separate actions, achieving a jury verdict in one case of over $7M and a total recovery against the city of over $30M.

Represented the plaintiff, a large real estate investment and sales company in litigation with a merger party who had violated the terms of the merger agreement. A verdict was obtained by the plaintiff for damages incurred.

Represented a lender and real estate investor sued alleging tortuous interference with a business relationship and breach of fiduciary duty in connection with a shopping center development. The case was dismissed on summary judgment and affirmed on appeal.

Environmental Property Damage Litigation

Served as lead counsel in property damage suit against ASARCO Incorporated, which had operated a large copper and arsenic smelter in Tacoma, Washington, until it closed in 1985. The emissions from the smelter had deposited vast amounts of arsenic and lead on surrounding properties, creating substantial property damage. The suit was brought on behalf of a class of residential property owners living within a two-mile radius of the smelter. The case settled on the eve of trial for $67.5 million dollars. ASARCO agreed to pay the attorneys' fees awarded by the Court directly to plaintiffs' counsel, without sums coming from the class common fund.

Represented the owner of a residential property development, a national moving company, and a software manufacturer in defending a class action suit and seeking recovery for property damage in litigation involving several municipalities and the U.S. government. The case originated in a class action brought by residents of a residential development, who alleged environmental health hazards. The development was built partially upon an old landfill and was in the vicinity of an operating landfill. Issues included environmental contamination by odor and in the soils. Negotiated settlement which resulted in no liability and an award for client property damage claims for his clients in excess of $6 million.

Class Action Litigation

In addition to the securities and environmental class actions described above, David has served as counsel in many other securities class actions.

Publications and Presentations

Co-Author: Washington Corporate Forms; Practice, Lexis Law Publishing (2001)

Author: Insider Trading Developments, Crestman & Clark, Northwest Securities Institute (1993)

Author: Accounting Issues and Securities Accounting Developments, Northwest Securities Institute (1988)

Professional and Community Involvement

Washington State Bar Association - President; Member of Board of Governors

Western States Bar Conference - President

State of Washington Judicial Conduct Commission - As counsel, represented the Commission in over 30 cases

Seattle Public Defender Association - President, Member Board of Directors

Police Intelligence Auditor of the City of Seattle

State of Washington Health Care Commission - Technical Advisory Member

State of Washington Securities Advisory Committee - Member

American Bar Association - Director of Young Lawyers Section

American Arbitration Association - Arbitrator and Mediator

King County Bar Association - Trustee

Professional Recognition

Since 1995, a fellow of the American College of Trial Lawyers, an invitation-only organization limited to the top 1% of all trial lawyers in the United States and Canada

Recognized as one of "The Best Lawyers in America" by Best Lawyers®

Recognized as one of "The Best Lawyers in Washington" by Seattle magazine

Since 2000, continuously recognized as a "Super Lawyer" for business litigation in Washington Law & Politics magazine

AV-Peer Review™ Rated in Martindale-Hubbell®

Education

J.D., University of Washington

B.A., University of Washington

Admissions

Washington

U.S. District Court for the Western District of Washington

U.S. District Court for the Eastern District of Washington

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court