James L. Austin

Of Counsel

James L. Austin

1024 453 Karr Tuttle Campbell

Jim Austin’s practice encompasses representation of both emerging and established enterprises, in their initial formation and in their capitalization, transactional dealings, and in business acquisitions and dispositions. Jim has served as principal outside counsel or regional counsel to a wide variety of advanced technology, industrial, and retail businesses and as counsel to both foreign investors and national enterprises.

Jim Austin’s practice encompasses representation of both emerging and established enterprises, in their initial formation and in their capitalization, transactional dealings, and in business acquisitions and dispositions. Jim has served as principal outside counsel or regional counsel to a wide variety of advanced technology, industrial, and retail businesses, and as counsel to both foreign investors and national enterprises. He has significant experience in corporate and related affairs; venture capital and other equity transactions; lending relationships (both as lender’s and as borrower’s counsel); licensing, distribution, and strategic partnering arrangements; real estate transactions; mergers and acquisitions; and private and municipal transactions involving solid waste collection and disposal.

Although Jim’s practice is primarily transactional in nature, he has participated as counsel in a variety of complex adversarial matters, including major commercial disputes, international trademark and domain name litigation, and in cases involving the application of the federal and state constitutions and statutes to municipal solid waste contracts and regulations.

Jim is a member of the Computer Law Association and has co-chaired or participated as a faculty member of Washington Software Alliance seminars on legal issues of interest to the software industry. He was the author of The Seattle Times info net series on “Internet Law,” and has been a lecturer on Internet-related issues at continuing legal education seminars.

Jim was for many years the author of the “Bankruptcy Practice” section of the Washington Lawyers Practice Manual and has lectured frequently on matters involving insolvency proceedings, the financing of real property acquisitions and developments, and computer law matters. He is the author of the definitive “Receivership Proceedings in Washington State.”

Jim chaired the committee of the Washington State Bar Association’s Debtor-Creditor Section that produced Washington’s comprehensive receivership code and was a principal drafter of that statute. He has also participated in drafting Washington statutes governing trademark disputes and real property liens.

Jim is a former member of Karr Tuttle Campbell’s board of directors and has served in the past as chairman of its Business and Finance Department. In addition to membership and participation in the American Bar Association, Washington State Bar Association, and King County Bar Association, Jim has served as a member of the Board of Governors and on the Executive Committee of the Bar Association of America and the CIS, for which he served as secretary.

Jim has been named a Washington State’s “Super Lawyer” every year since 2001, and was selected as one of “Washington’s Most Amazing Lawyers” in the March 2006 edition of Washington CEO Magazine. He also was recognized in 2007 by Seattle magazine as one of Seattle’s “Top 155 Lawyers” and by Seattle Business Monthly as one of “Seattle’s 90 Top Business Lawyers,” as well as one of Seattle’s “Top 87 Business Lawyers” in January 2008. Jim is the former president of the King County Bar Foundation.

Chairman and/or faculty member of continuing legal education seminars relating to corporate law, licensing and distribution arrangements, secured transactions, internet services, receiverships and real estate financing.

Significant Commercial Real Estate Matters

  • Representation of one of Washington’s ten largest privately-held corporations in an $80 million recapitalization and refinance of all multi-traunche long-term indebtedness.
  • Representation of Air Canada in its purchase of passenger aircraft.
  • Representation of Cingular Wireless in its establishment of network of owned and agency stores in Washington, Oregon and Idaho.
  • Representation of subsidiaries of Allied Waste Industries, Inc. in various agreements relating to the collection, handling, transport and disposal of solid waste with counties, cities and private concerns throughout the state of Washington.
  • Representation of Sawyer Falls Co., LLC in its acquisition out of bankruptcy of a 565 acre parcel in Pierce County, in its development of that parcel as a residential community with a retail center, and in its eventual sale of that property.
  • Representation of Group Health Cooperative in its investment in and lease of its new headquarters in the South Lake Union area of Seattle.
  • Representation of Regional Disposal Company in transactions involving the establishment of a methane gas co-generation facility at the Roosevelt Regional Landfill near Goldendale, Washington.
  • Representation of KONG Television, Inc. in its successful applications to obtain necessary permits for new television and radio transmitting facility on Cougar Mountain.
  • Representation of Broadcast Tools, Inc. in licensing of proprietary technology for the production of broadcasting equipment to Broadcast Electronics, Inc.
  • Representation of Shamrock Broadcasting, Inc. (a Roy Disney company) in connection with efforts to consolidate FM broadcast facilities and other telecommunications services on Cougar Mountain onto a single tall tower.
  • Representation of AudioControl in its licensing of technology for production and distribution of a multi-room audio system controller.
  • Representation of Bridgeway Corporation in its license of system management software to Pacific Bell Telephone in California.
  • Representation of Lemond Cycling, Inc. in matters involving the sale a license to use the Greg Lemond trademark in the bankruptcy of StairMaster.
  • Representation of the Washington Association Of Vehicle Subagents in matters involving state statutes pertinent to the subagent succession.
  • Retained in special investigative role by Grant County Public Utility District in its internal investigation of alleged violations of state law in the development of its fiber optic network.
  • Representation of local bank in successful submission of claim against a bankers blanket bond for a $2.5 million loan loss.
  • Representation of Cosmos, Inc. (later Revelation Technologies) in its formation, and in a host of computer software licensing arrangements with Microdata (McDonnell Douglas), Prime Computers, Inc. and various VARS and OEMs throughout North America and Europe.
  • Representation of West Coast Paper Company in its acquisitions of computer systems.
  • Representation of Seattle radio station KXRX-FM in its successful application for permits necessary to construct its FM tower and transmitting facility on Cougar Mountain east of Seattle.
  • Advised Lewis County Public Utility District as special counsel with respect to the District’s rights under a letter of intent executed in 1957 with Tacoma City Light to compel a sale of hydroelectric power at cost from hydroelectric facilities on the Cowlitz River.
  • Representation of a consortium of local FM radio stations in connection with the development of King County’s telecommunications facilities siting ordinance.
  • Representation of Pacific Bell Wireless in connection with the assumption and eventual sale by USTel, Inc., a debtor in bankruptcy, of its reseller contract with Pacific Bell.
  • Representation of MasterSoft International of Australia and affiliated entities in their licensing of computer software to Group 1 Software Inc.
  • Representation of Synrad, Inc. in its licensing of laser technology.
  • Representation of Eclipse Properties, Inc. in its sale to the City of Everett for redevelopment of land along the Snohomish River.
  • Representation of Todd Pacific Shipyards in its sale and assignment of its ownership rights in a software system managing government and civilian shipbuilding and repair contracts.
  • Representation of Cornerstone Development, Inc. in the negotiation of a software development and licensing agreement with a major national banking institution.
  • Representation of Kaseya Corporation and related entities in the establishment of their worldwide relationships for development and licensing of proprietary software technology.
  • Representation of purchaser from Wells Fargo Bank of a multi-million dollar troubled loan secured by a feedstock facility in Eastern Washington
  • Representation of Khan Air in sale of aircraft to Finnoff International.
  • J.D., University of Chicago, 1975
  • A.B. with honors, Stanford University, 1972
  • Washington State Bar, 1975
  • U.S. District Court, Western District of Washington, 1975
  • U.S. Court of Appeals for the Ninth Circuit, 1975
  • American Bar Association
    • Business Law Section
    • Real Estate, Probate, and Trust Section
  • Washington State Bar Association
    • Debtor-Creditor Section
    • Real Estate, Probate, and Trust Section
  • King County Bar Association
  • King County Bar Foundation, President
  • Computer Law Association
  • Washington Software Alliance
  • Bar Association of America and CIS

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