John D. Lowery
Principal
Jack has practiced law since 1973 in the areas of complex civil litigation, including securities, antitrust, intellectual property and insurance law. He served as the lead counsel representing 20-30 utilities and related individuals (depending on the case) in the many Washington Public Power Supply System ("WPPSS") cases, including the securities fraud actions, MDL551, arising from a $2.25 billion municipal bond default. These cases lasted over eight years within the state of Washington and the Northwest. The MDL551 case was settled, predominantly through payments by eight insurance companies. He successfully defended claims against certain utilities in Kansas, Wisconsin, Minnesota, Oregon and Washington by some insurance companies seeking to recover the settlement funds, alleging the policies had been fraudulently procured.
Jack has represented law firms, officers and directors in federal and state securities cases. He represented a large Seattle bank and many of their officers and directors in defense of class action securities cases in Washington and Montana, arising from the sale of debentures issued by a now-defunct savings and loan association.
Jack has litigated a variety of complex cases for plaintiffs and defendants, including antitrust, securities, class actions, product liability, intellectual property and insurance law. Cases include arbitrage agreements for international telephone traffic, license agreements, trademarks, copyrights, casinos and gaming issues, waste-to-resource recovery systems, nuclear fuel contracts, security and intercom warning systems, artificially preserved plants, aircraft sales contracts, gambling licenses, etc. He has represented parties and individuals in Internet related litigation, including the first case brought pursuant to the Federal Antidilution statute and litigation to prevent imposter Internet sites.
He obtained a trial verdict on behalf of McGraw-Hill and Business Week magazine against a Seattle attorney for fraud and Consumer Protection Act violations in connection with the illegal use of magazine subscription lists for improper telemarketing.
Jack has recently completed the intensive Straus Institute for Dispute Resolution mediation training from Pepperdine University. This training augments his many arbitrations and mediations, including typical ones involving monetary claims, and not so typical ones involving relationships. For example, he participated in a multi-cultural mediation involving litigation between a hydropower company and a Native American Indian Tribe, which was claiming 50 years of damages to fish runs and fish habitat caused by the company’s dams. The mediation involved not only enormous monetary claims but also relationship issues going forward due to the parties’ respective rights in the fish litigation, the adjudication of water rights on the affected rivers, and the relicensing of the company’s dams. An initial hurdle to any resolution was the divergent cultural backgrounds and positions, and the inability of the parties to communicate effectively with each other. Much effort was spent in determining and understanding each party’s culture, their decision making processes, and their true interests. Although not all issues were resolved, the litigation was settled and the terms included provisions which enhanced the parties’ working relationships going forward.
Many disputes cry out for such imaginative solutions rather than simply trying to reach a compromise dollar settlement.
Prior to joining Riddell Williams in 1976, Jack practiced for approximately three years in Atlanta, Georgia.
Education and Admissions
Jack received his B.A. from the College of William and Mary in 1967 and his J.D. from the University of North Carolina, with high honors, Order of the Coif, in 1973. He is admitted to practice in Georgia and Washington, in the U.S. District Court, Western District of Washington, before the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court.
Memberships
King County Bar Association, Washington Bar Association
Awards and Recognition
Jack has been named a Washington Super Lawyer®.
Publications
Author, "The Dual Impact of Tate v. Short on Default Imprisonment and Monetary Bail," North Carolina Law Review, 1971.
"Deception and In Connection With Clause of Rule - 10b -5," North Carolina Law Review, 1972.
