Practice / Experience
Mr. Fogg is a partner in the firm. An experienced and successful jury trial lawyer who has tried more than eighty cases to verdict, Mr. Fogg’s high-stakes trial practice runs the gamut from complex commercial lawsuits with nine figure exposure to personal injury lawsuits with catastrophic injuries. 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 worked for a securities litigation boutique and began his career as a staff attorney for the Securities and Exchange Commission Division of Enforcement.
Mr. Fogg has received recognition for his trial skills from a variety of sources. In 2012, he was named by his peers as one of the “Best Lawyers in America.” In addition, for the past several years, Seattle Metropolitan Magazine’s “Top Lawyers” annual issue has recognized Steve as one of the top litigators in the city. Finally, Steve has achieved an AV® Peer Review Rating by Martindale-Hubbell, which is the highest rating an attorney can obtain.
Education / Background
- University of Virginia School of Law (J.D., 1989)
- College of William and Mary (B.A., English, 1986; Honors all eligible years)
- Kim vs. Delta Inn et al. – Mr. Fogg led a team that defended Delta Inn Incorporated in a four week trial that took place in November and December 2012 in King County Superior Court. The plaintiff sought an eight figure award in this lawsuit, which revolved around the disputed ownership of a hotel company. Mr. Fogg and his team obtained a defense verdict for their client.
- Simar vs. Golbal Fishing et al. – Mr. Fogg defended a corporation that was accused of engaging in a series of multi-million dollar fraudulent transfers. After a week of trial in federal court in February 2012, Mr. Fogg obtained a defense verdict for his client.
- Putz vs. Golden – In a dispute regarding compensation for property in Tahiti, Mr. Fogg represented the plaintiff in a trial in federal court in February 2012. The court ruled in favor of Mr. Fogg’s client.
- Confidential Arbitration – In 2011, Mr. Fogg defended a local professional accused of threatening an attorney. The representation included the successful negotiation of a “no charge” outcome from the prosecutor and a two day arbitration regarding the attorney’s damages claims.
- Calvert vs. Berg et al. – Mr. Fogg is trial counsel for a respected accounting firm accused of negligently conducting an audit of a company that went bankrupt due to a Ponzi scheme. The lawsuit features more than six hundred plaintiffs and alleges in excess of $150 million dollars in damages.
- 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.
- 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.
- Alaska Airlines vs. Brad Carey – Alaska Airlines retained Mr. Fogg to file suit against an alleged frequent flyer mileage broker. The defendant responded with a counterclaim alleging antitrust and state law violations. After nearly two years of active litigation, a federal judge granted Alaska Airlines summary judgment, dismissed the defendant's counterclaims and granted a permanent injunction in favor of Alaska Airlines. The judge also awarded Mr. Fogg's client $125,000 in attorney's fees.
- In Re Chrysler Dealership Terminations – In 2010, Chrysler Group LLC ("New Chrysler") retained Mr. Fogg to lead a team of Corr Cronin attorneys trying arbitrations brought by eight dealers in the state of Washington whose dealerships were rejected by Chrysler LLC ("Old Chrysler") during its bankruptcy. Old Chrysler dealers who were rejected in the bankruptcy of Old Chrysler were provided the right, under a law passed by Congress in mid-December 2009, to demand arbitration from New Chrysler to rejoin the dealer network. Mr. Fogg and his team tried these arbitrations and prevailed in all three cases.
- Lakewest Condominium Owners Association vs. Safeco Insurance Company of America et al. – Plaintiffs brought a condominium defect claim against several insurers. A $7.5 million dollar default judgment was entered against an insurer. The insurer retained Corr Cronin after Plaintiffs sought to enforce judgment. Corr Cronin quickly filed a motion to vacate the default judgment. The trial court granted the motion and vacated the $7.5 million dollar default judgment. Corr Cronin is now defending on appeal the trial court's order vacating the default judgment.
- NRA / Second Amendment Foundation vs. City of Seattle – The NRA and SAF retained Mr. Fogg to file a lawsuit challenging a city ban on handguns in public parks. Shortly after filing the lawsuit, Mr. Fogg sought and obtained a summary judgment ruling that overturned the city ban. The lawsuit received extensive publicity.
- United States vs. Frank Colacurccio, Jr. – Mr. Fogg is trial counsel for Mr. Colacurccio in a criminal RICO case brought by the United States Attorney for the Western District of Washington. The trial is scheduled to begin in January 2011.
- Southern Air vs. Zurcher – Mr. Fogg represented Southern Air, Inc. in a five-day trial in federal court. The company was accused of firing an employee who had expressed safety concerns.
- In Re Singh – Mr. Fogg was trial counsel for a medical device company facing allegations that its product catastrophically injured a patient who underwent surgery in Everett, Washington. Mr. Fogg delivered the opening and closing statements in the eight-week jury trial.
- Well vs. Sierra Engineering – Mr. Fogg is trial counsel for an oilfield engineering firm sued in connection with a natural gas rig explosion that injured four rig hands. Trial is set for 2011. The plaintiffs are represented by the Spence law firm in Wyoming.
- 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 represented the former CEO and Chairman of the company in putative class actions asserting fraud claims, as well as defended the client in parallel investigations conducted by a number of state and federal authorities, including the SEC.
- In re Public Company – Mr. Fogg represented 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 – Mr. Fogg is trial counsel for an attorney whom the SEC has sued 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. Mr. Fogg also accompanied one executive to Washington, D.C. and represented the executive before the United States Senate Permanent Subcommittee on 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 was 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.
- 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
- Both Sides Now: Prosecuting and Defending Employee Mobility Cases, Network of Trial Law Firms, Scottsdale, Arizona, April 2012
- How To Try Lawsuits in King County Superior Court, Pincus Legal Education, Seattle, Washington, March 2012
- Trying The Admitted Liability Lawsuit, Network of Trial Law Firms, New York City, New York, August 2011
- How To Try Lawsuits in King County Superior Court, Pincus Legal Education, Seattle, Washington, March 2011
- 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
- Protecting the Senior Executive, Network of Trial Law Firms, Laguna Beach, California, November 2009
- 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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