Public Utilities (Telecommunications, Energy), Employment, Administrative Law
Washington, 1980; Oregon, 2007; California, 1993
______________________________________________________________________For over two decades, Judy has served communications-related clients after working as a professional journalist. Her background is a unique blend of private practice and in-house experience. She has assisted media clients on a variety of content and newsgathering issues and has litigated public records and access cases. During 2006, Judy took off a year from private practice and worked as General Counsel for Fisher Communications, Inc., a major Northwest broadcast corporation. Her expertise in communications/media law has been recognized when Seattle Magazine named her as one of the area’s top 155 lawyers, in that area, in January 2007. Judy also spent ten years with GTE Corporation (now Verizon) in the Northwest and California. During that time she acquired substantial experience in public utility regulation and administrative law.
Judy has significant experience counseling clients on legal matters central to their businesses, such as commercial contracts and employment issues. This counsel has involved preparation of, or negotiation of, complex commercial agreements such as interconnection, retransmission consent, program rights and affiliation agreements. She has written many types of employment agreements and has advised on employment law compliance and litigation. Judy has adapted to the changing needs of communications clients due to recently internet-based technological advances. She has produced privacy policies and terms of use agreements, and has addressed advertising and content issues associated with Web sites.
Judy is a frequent speaker at meetings, conferences and Continuing Legal Education seminars and has published in the area of communications law. Most recently, she wrote two chapters for the “Public Records Act Deskbook” published by the Washington State Bar Association in 2006.
Judy has broad experience litigating communications issues before state and federal courts and administrative agencies.
Represented a daily newspaper in successfully unsealing court records that allowed a major investigative piece to be published regarding securities fraud at a local high-tech firm. In a 9-0 opinion, the Washington State Supreme Court laid out a stringent test for sealing court records in civil cases, strongly affirming the Washington constitutional right of access to justice.
Dreiling v. Jain, 151 Wn.2d 900, 93 P. 3d 861 (2004).
Obtained summary judgment in favor of a local alternative weekly newspaper that had been sued for reporting on a sexual harassment lawsuit instituted by the plaintiff against Peter Nordstrom and Nordstrom, Inc. The newspaper quoted a company spokesperson as describing the lawsuit as baseless and nothing but “an attempt at extortion.” The Superior Court dismissed the defamation and invasion of privacy claims on summary judgment, which was affirmed by the Washington Court of Appeals. Pinney v. Nordstrom, 124 Wn. App. 1019 (2004).
Obtained an order from the Pierce County Superior Court requiring the City of Tacoma to release date of birth information with respect to municipal employees on behalf of a local television station. The City had withheld the information, the subject of a station Public Records Act request, on the basis of employee privacy. Attorneys’ fees were awarded. KIRO V. City of Tacoma, (Pierce County Cause No. 03-2-10567-3).
Represented the first cellular company in Washington (and nationwide) to achieve eligible telecommunications status (“ETC”), which entitles the holder to eligibility for federal universal service funds, by obtaining an order from the Washington Utilities and Transportation Commission (WUTC). Its decision was affirmed by the Washington Court of Appeals and the Washington Supreme Court. WITA v. WUTC, 149 Wn. 2d 17, 65 P. 3d 319 (2003).
Obtained a waiver of a new WUTC line extension requirement for a major telephone company that would have required the company to provide service to potential customers in a remote area of eastern Washington at an estimated cost of $1.2 million.
In the Matter of the Petition of Verizon Northwest, Inc. for Waiver of WAC 480-120-071 (2)(a), (WUTC Docket No. UT-011439).
Represented a major telephone company in challenging, pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 253, lengthy, over-burdensome telecommunications ordinances enacted by four Washington cities. The Ninth Circuit held that the ordinances in question were invalid because their combined effect might prohibit the provision of telecommunications services. City of Auburn v. Qwest, 260 F. 3d 1160 (9th Cir. 2001).
Represented a major telephone company in a full rate case, that was successfully settled in the first quarter of 2005, involving administrative discovery, motions, witness testimony preparation and the conduct of a three-day evidentiary hearing on the company’s request for interim rate relief. WUTC v. Verizon Northwest, Inc., (WUTC Docket No. 040788).
Represented the phone unit of a national cable company in fully mitigating penalties assessed by the WUTC for failure to comply with a new service quality reporting rule.
In the Matter of Comcast Phone of Washington, LLC, (WUTC Docket No. UT-031459).
Represented a major northwest company in Bonneville Power administration rate case (2008).
Steering Committee, Pacific Northwest Chapter, Federal Communications Bar Association
Member, Federal Communications Bar Association
Member, Media Law Resource Center
Member, ABA Forum on Communications Law; ABA Sections of Labor & Employment Law, and Public Utility, Communications and Transportation Law
Member, Energy Bar Association
Member, Washington State Bar Association
Member, California Bar Association
Member, Oregon Bar Association
Member, American Bar Association
Founding Member and Secretary-Treasurer, Washington Coalition for Open Government
Former Chapter Representative, Executive Committee, Federal Communications Bar Association
Former Member of Board of Directors, The Bridges Theatre of Seattle
Former Advisory Board Member, Center for Law Commerce and Technology, University of Washington School of Law
Former Chair, Executive Committee, Law and Media Committee, Washington State Bar Association
Former Chair, Administrative Law Section, Washington State Bar Association
Seattle Business Monthly, Seattle’s 90 Top Business Lawyers, 2007
Seattle Magazine, Seattle’s 155 Top Lawyers, 2007
Washington Law & Politics, “Super Lawyer,” 2002 - 2003, 2005
Federal Communications Bar Association, Distinguished Service Award, 2000-2001
GTE Lawyer of the Year, 1990, 1995
Martindale Hubbell, “Best Lawyers in America,” 2008
AV - Rated Martindale Hubbell
J.D., summa cum laude, Order of the Coif, University of Wisconsin-Madison, 1979
B.A., cum laude, Journalism, University of Wisconsin-Madison, 1975; Phi Beta Kappa, Phi Kappa Phi