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.
Co-Chair of the firm's Litigation Department, he has litigated cases in state and federal courts in 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.
Gavin has a track record of success defending class action cases in a wide range of industries. He has beaten class certification repeatedly, won 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, then arbitrated and won individual class members’ claims. He has secured voluntary dismissals after winning favorable court rulings early in the litigation, and in other cases negotiated favorable settlements 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, escrow companies, and wireless phone service providers alleging unfair business practices and violation of consumer protection laws.
Gavin handles a wide variety of interesting and challenging general commercial litigation matters in multiple industries.
For example, Gavin recently participated in the first-of-its-kind patent infringement jury trial by Zoom. In 2019, he won a week-long trial over earnout payments owed to his client for the sale of interests in a large EB-5 real estate developer. In 2018, Gavin represented a leading video game company in two arbitrations brought by consumers claiming his client promoted gambling of virtual items in their video games, prevailing in both cases after full evidentiary hearings. That same year, Gavin also won a $21.2 million 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.
Other examples of the diverse commercial litigation cases Gavin has handled include a multi-day arbitration before the International Centre for Dispute Resolution of a dispute involving real estate franchising rights for Brazil, resulting in multimillion-dollar verdict for Gavin’s client; 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 and other lengthy earnout litigation in the foodservice, real estate, disaster relief, and professional services industries; significant insurance bad faith claims, including a week-long jury trial culminating in a complete defense verdict for Gavin’s client; representing client employees called as trial witnesses in the criminal prosecution of a former state auditor; as well as patent infringement litigation and cannabis litigation.
Gavin defends businesses in class action and individual lawsuits alleging privacy violations. He also defends clients in data breach litigation, and was counsel to Starbucks in Krottner v. Starbucks, a seminal data breach decision by the Ninth Circuit Court of Appeals. He also assists companies in conducting investigations and responding to instances of data loss and theft.
Gavin also serves as co-chair of the firm’s Partnership Advancement Committee.
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 enjoys presenting on data security and privacy issues and class actions, and contributes 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 is a member of the William L. Dwyer Inn of Court and has provided pro bono service to numerous entities, including the ACLU, a local public defender agency (for which he tried several cases 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 Martindale-Hubbell
- Rated 10.0 by Avvo
- Named a Washington “Super Lawyer” (2015-2020)
- Named among Washington's “Top 100 Super Lawyers” (2020, 2018, 2016)
- Named to Washington “Super Lawyers Rising Stars” (2011-2014, 2004-2009)
- Named to "The Best Lawyers in America" list for Commercial Litigation in Washington by Best Lawyers (2018-2021)