Bryan C. Graff

Bryan C. Graff

Member & Executive Committee Member

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Bryan is a litigator with strong advocacy, analytical and legal writing skills. Bryan is detail-oriented and understands clients’ needs. Bryan presents informed, practical advice to his clients and strives to act as the advocate they deserve.

Bryan has broad litigation and appellate experience, which includes transportation, insurance coverage and regulatory matters, employment, class action and intellectual property cases, as well as construction defect, landlord/tenant and various other business disputes.

Recent Representative Experience

  • Represented major railroad in defense against claims of retaliation under the Federal Railroad Safety Act (FRSA). Lead trial lawyer in recent FRSA eight-day jury trial tried to verdict in the U.S. District Court for the Western District of Washington.
  • Represented Seattle-based technology company in federal court litigation involving claims of breach of contract, conversion, unjust enrichment, trade secret misappropriation, and patent and trademark infringement in connection with a terminated intellectual property licensing agreement. Helped to achieve a favorable settlement following discovery and motion practice.
  • Represented directors and officers, businesses, condominium owners associations and commercial and residential homeowners in arbitration and insurance coverage litigation in state and federal courts, including failure to defend, indemnity, bad faith, Consumer Protection Act (CPA) and Insurance Fair Conduct Act (IFCA) claims arising under Property, Commercial General Liability (CGL), and Directors & Officers (D&O) liability policies.
  • Represented a manufacturer of nuclear medicine equipment in an intellectual property case in the U.S. District Court for the District of Utah involving claims of copyright and trademark infringement, trade secret misappropriation, predatory hiring and unfair competition. Experts had calculated damages to exceed seventy million dollars. Through extensive discovery efforts, motion practice, and witness examination at evidentiary hearing, helped to expose and persuasively present egregious acts of spoliation of electronic evidence and contempt of court. Dedicated work and advocacy obtained “terminating sanction” orders from the federal district court, which struck the defendant’s answer, dismissed its counterclaims, imposed monetary sanctions, and entered default judgment as to liability in favor of the clients.
  • Successfully defended franchisor in litigation including claims of breach of contract, misrepresentation and violation of the Washington Franchise Investment Protection Act, and involving complex issues of agency law.
  • Represented a prominent medical device manufacturer in prosecution of a trade secret case which involved issues concerning the liability of corporate officers and directors. After motions and limited discovery, a multi-party mediation led to successful settlement and immediate payment for the client.
  • Represented a leading telecommunications company defending against claims of fraud, breach of contract, unjust enrichment, and CPA violations, among other claims, arising out of a terminated distributor agreement. Persuaded the trial court to enter summary judgment in favor of the client on all claims, as well as to impose CR 11 sanctions against the plaintiff and its attorney.
  • Defended providers of mortgage modification and debt adjustment services in regulatory enforcement and putative class actions alleging violations of the CPA, Mortgage Broker Practices Act (MBPA), Consumer Loan Act (CLA), and Mortgage Lending and Homeownership Act (MLHA).
  • Defended title insurance underwriters and title insurance companies in both administrative and state court actions against claims of negligence, misrepresentation, breach of contract and CPA claims, in addition to alleged regulatory violations.
  • Represented a commercial real estate development company and guarantors in a dispute involving a multi-million dollar construction loan. Helped to successfully resolve the case prior to trial.
  • Represented a real estate development company in a case involving claims of breach of contract, breach of good faith and fair dealing, and intentional misrepresentation. Bryan convinced the Court of Appeals to reverse a trial court order dismissing the claims of breach of contract and the implied covenant of good faith and fair dealing.
  • Successfully defended a major title insurance underwriter in a lawsuit involving right of access issues. Bryan convinced the trial court to dismiss the plaintiff’s claims on summary judgment prior to trial.
  • Defended title insurance companies in a putative class action lawsuit alleging violations of consumer protection laws and the Real Estate Settlement Procedures Act (RESPA). Worked to achieve a dismissal of the plaintiffs’ claims by the federal district court and a successful resolution for the clients.
  • Defended a major medical equipment manufacturer and service provider in litigation involving allegations of fraud and tortious interference. Bryan worked to obtain a dismissal of the claims against his clients prior to trial.

Honors & Awards

  • Named to Washington Rising Star® list six times

Professional & Community Activities

  • Member, Ryan Swanson’s Executive Committee (present)
  • Chair, Ryan Swanson’s Charitable Giving Committee (2012-2016)
  • Member, Defense Research Institute
  • Member, Transportation Lawyers Association
  • Member, National Association of Railroad Trial Counsel


Background

Bryan’s childhood was split between a Kansas farm and the mountains of Montana. Bryan joined Ryan, Swanson & Cleveland in 2006, relocating from Atlanta, Georgia where he attended law school and began his practice.

In his free time, you will find Bryan running, playing basketball, spending time with two fascinating children, or sharing a laugh with friends and family.