Biography

Gavin is a seasoned litigator with a national practice emphasizing the defense of class actions, novel and complex commercial disputes, and technology and privacy litigation.

He has litigated cases in the state and federal courts of the Northwest and across the country, as well as arbitration forums. His clients range from small businesses to Fortune 500 companies, particularly in technology, communications, manufacturing, insurance and beverage industries.

Class Actions

Gavin has a track record of success defending class action cases in a wide range of industries. He has won the early dismissal of cases in their entirety and convinced courts to strike class allegations. Gavin has also successfully enforced consumer arbitration agreements requiring individual arbitration.  He has secured voluntary dismissals after winning favorable court rulings early in the litigation, and in other cases negotiated a settlement after persuading the court to narrow the scope of the case. Gavin has a particular depth of experience in class claims against technology companies, insurers, and wireless phone service providers alleging unfair business practices and violation of consumer protection laws.

Commercial Litigation

Gavin also handles a wide variety of interesting and challenging general commercial litigation matters in a variety of industries.

For example, in 2018, he won a $21.2 million dollar award in a multi-day arbitration for a group of beer distributors related to the termination of their rights to distribute Pabst-owned beer brands in Washington State. In 2016, he won a multimillion-dollar award in a multi-day arbitration before the International Centre for Dispute Resolution involving real estate franchising rights for Brazil.

Other examples of the diverse commercial litigation cases Gavin has handled include a multimillion-dollar race car sponsorship dispute, culminating in a week-long bench trial in federal court; a week-long jury trial defending a magazine and a reporter against claims of breach of confidentiality; securities fraud claims ranging from individual FINRA arbitrations to class actions; earnout and royalty litigation in a variety of industries, including a two-week jury trial over underwater video camera royalties; significant insurance bad faith claims, including a multi-day jury trial culminating in a complete defense verdict for Gavin’s client;  as well as patent infringement litigation and cannabis litigation.

Privacy Litigation

Gavin is experienced in defending businesses in class action and individual lawsuits alleging privacy violations. He also defends clients in data breach litigation, and was counsel to Starbucks in the seminal data breach decision by the Ninth Circuit Court of Appeals in Krottner v. Starbucks, He also assists companies in conducting investigations and responses to instances of data loss and theft. In addition, Gavin conducts in-house trainings on privacy and data security for clients. Gavin is an experienced commercial litigator who represents regional and national companies as plaintiffs and defendants in state and federal courts in the Northwest and across the country. His practice emphasizes class action defense, privacy litigation and complex commercial disputes.

Before Fox Rothschild

Prior to joining Fox, Gavin chaired the Litigation Practice at Riddell Williams.

Before joining Riddell Williams, Gavin was a law clerk to U.S. District Judge Robert H. Whaley in the Eastern District of Washington.

Beyond Fox Rothschild

Gavin is a regular presenter on data security and privacy issues, class actions and attorney-client privilege matters. He contributes regularly to legal industry publications, including Law360, Today’s General Counsel and the Association of Corporate Counsel’s newsletters. He is also on the faculty of the National Institute for Trial Advocacy and regularly teaches at its deposition and trial skills workshops.

Gavin also volunteers time to the ACLU, and has provided pro bono service to a local public defender agency (including several cases tried to a jury), Oxford House, a local winner of a major network home remodeling show, and other local organizations and individuals.

When he’s not practicing law, Gavin enjoys spending time with his wife and daughter, wakeboarding and wakesurfing and looking for those rare sunny days in Seattle.

Honors & Awards

  • Rated AV Preeminent® by LexisNexis® Martindale-Hubbell®
  • Rated 10.0 by Avvo
  • Named a Washington “Super Lawyer” (2015-2018)
  • Named among Washington's “Top 100 Super Lawyers” (2016)
  • Named to Washington “Super Lawyers Rising Stars” (2004-2009, 2011-2014)
  • Named among "The Best Lawyers in America" in the area of Commercial Litigation (2018)