 Practice / Experience Mr. Fogg is a partner in the firm. An experienced jury trial lawyer who has tried more than sixty cases to verdict, Mr. Fogg’s practice focuses on complex trial work, including product liability lawsuits, commercial litigation and the defense of securities and other class action lawsuits. Mr. Fogg also uses his experience as a former SEC attorney and criminal prosecutor to help individuals and companies respond to civil and criminal investigations. Prior to joining the firm, Mr. Fogg was a senior homicide prosecutor in Seattle, where for several years he exclusively tried murder cases, including a number that received front-page media attention. Before moving to Seattle to become a prosecutor, Mr. Fogg practiced in Washington, D.C., where he began his career as a staff attorney for the Securities and Exchange Commission Division of Enforcement. Education / Background - University of Virginia School of Law (J.D., 1989)
- College of William and Mary (B.A., English, 1986; Honors all eligible years)
Representative Cases - Johnson, et. al. vs. Bulls Eye et. al. – Mr. Fogg was part of a Corr Cronin team that represented Bushmaster Firearms in a civil lawsuit sponsored by the Brady Center in connection with the “D.C. Sniper” shootings. The case received national attention before being settled on terms favorable to the client.
- Metropolitan Mortgage Securities Litigation (E.D. Wa., D. Ore, Wa. And Ore. State courts) – Mr. Fogg is currently representing the former CEO and Chairman of the company in putative class actions asserting fraud claims, as well as defending the client in parallel investigations conducted by a number of state and federal authorities, including the SEC.
- Ex Officio vs. Cerf Brothers – Mr. Fogg was trial counsel for the defendant in a three day arbitration before a three arbitrator panel. Plaintiff sought a seven figure damages award. Result: defense verdict and an award of attorney fees for the defendant.
- Fluke vs. Milwaukee Tool – Mr. Fogg defended Milwaukee Tool in a lawsuit alleging trade secret misappropriation and breach of an alleged non-competition agreement. After a one week evidentiary hearing and a successful interlocutory appeal, the entire case was dismissed on summary judgment with an award of attorney's fees to Mr. Fogg's client.
- In re Public Company – Mr. Fogg is currently representing a public company in parallel criminal and civil investigations, as well as serving as trial counsel for the company in a related securities class action.
- In re Attorney – Representation of an attorney sued by the SEC in the Western District of Washington.
- In re Senior Executives – Representation of several senior executives of a multi-billion dollar public company in OTS and SEC investigations.
- A.L. vs. Idland and Washington State Patrol – In a case that that received extensive public attention, Mr. Fogg obtained an extremely favorable financial settlement for a young woman who was sexually assaulted by a Washington State patrol trooper.
- Estate of Tustin vs. Chevron Phillips Chemical Company LP et. al. – Mr. Fogg successfully represented Chevron Phillips in a wrongful death action seeking millions of dollars in damages due to the rollover of a pipe-laden flatbed truck that killed two people and injured three others. An aggressive defense led to settlement for less than the costs of defense.
- Estate of Hernandez vs. Centex Homes et.al. – Mr. Fogg was trial counsel for Centex Homes in a wrongful death lawsuit filed in Oregon state court seeking significant damages for the estate of a laborer killed in an on-the-job accident.
- Gunderson v. Alaska Airlines – Mr. Fogg is trial counsel for Alaska Airlines in a lawsuit brought by a former flight attendant aggrieved by an airport policy that requires mandatory security screening for all flight attendants flying through Seattle-Tacoma International Airport.
- In Re Singh – Mr. Fogg is trial counsel for a medical device company facing allegations that its product catastrophically injured a patient who underwent surgery in Everett, Washington. The lawsuit is scheduled to go to trial in Snohomish County Superior Court in January 2008.
- State v. Jesus Mezquia – Prosecution of a man who murdered local singer Mia Zapata in 1993. Case charged and successfully prosecuted ten years after the murder solely on the basis of DNA evidence. Three-week trial was the subject of significant media coverage, including one-hour segments on Court TV, City Confidential and CBS News 48 Hours.
- State v. Kevin Cruz – Mr. Fogg successfully prosecuted a disgruntled former shipyard employee for the November 1999 “Seattle Shipyard Shooting” that left two men dead and two men injured. Five month, two-phase aggravated murder trial required presentation of complex scientific and psychological expert testimony.
- State v. John Athan – Mr. Fogg convicted Athan for the murder of a thirteen-year-old girl. Case charged and prosecuted some twenty years after the murder based on DNA evidence. Two-month trial included successful defense of interlocutory appeal to the Washington State Supreme Court.
- SEC v. Ortwin Heider et al. – As SEC staff attorney, obtained temporary restraining order in connection with a European insider-trading ring. Required court appearances and depositions in several European countries, as well as appearances in federal district court in New York City.
Publications & Presentations - Expert Witness: Procedures, Discovery and Trial Issues in Washington, Lorman Education Services, Washington State Convention & Trade Center, March 2005
- Apex Depositions: Using the Apex Doctrine to Protect High Level Corporate Executives from Deposition, Network of Trial Law Firms, New York City, New York, August 2006
- The CEO as a Witness, Network of Trial Law Firms, Naples, Florida, May 2008
- Failure to Warn Claims, Washington Defense Trial Lawyers, Seattle, Washington, December 2008
Professional Memberships - Washington State Bar Association
- King County Bar Association
- Federal Bar Association
- Defense Research Institute
- ASECA (Association of Securities and Exchange Commission Alumni)
- Rated AV (highest) by Martindale-Hubbell Lawyer Rating Guide
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