Legal Experience

• Represent self-insured corporations and insureds of regional and national liability insurers in federal and state court throughout California.

• Product Liability:  Represent manufacturers, distributors, and retailers regarding products as diverse as industrial machinery, outdoor power equipment, power tools, and construction equipment.

• Transportation Litigation: Represent national, regional, and local trucking companies in accident and cargo litigation; perform rapid response work for accidents throughout California, including interacting with policing agencies, retaining experts, preserving evidence, and having clients tested for alcohol and controlled substances; attended two trucking schools (basic and advanced) for attorneys, including using driving simulators, operating trucks, and traveling over-the-road with licensed CDL operators.

• Premises Liability:  Represent individuals and businesses, including hotels, banks, and other commercial establishments, in litigation alleging unsafe or defective conditions.  Cases include trip/slip and fall, assault and battery, falling objects, and food poisoning.

• Construction Defect: Defend entities against allegations concerning defective building materials, negligent construction, and improper planning that allegedly result in a decrease in the value of residential and commercial property.

• Proposition 65: Defend companies against Safe Drinking Water & Toxic Enforcement Act (1986) claims that their products contain chemicals known to cause cancer or reproductive harm.

• General Defense Litigation:  Represent parties in general litigation, including business disputes such as breach of contract, motor vehicle accidents, ADA access disputes, sexually transmitted disease allegations, alcohol liability claims, and assault & battery allegations.

Education

• J.D. 1987 University of Oregon
      - Business Editor, Journal of Environmental Law and Litigation (1985-87) 
      - Moot Court Team

• B.S. 1984 Southern Illinois University, magna cum laude.

​Employment

• Dillingham & Murphy, LLP; Of Counsel January 2024 to present; Partner 1997 to 2023; associate 1995 to 1996. 

• Martindale-Hubbell AV Preeminent rated, Martindale Hubbell’s highest rating for legal ability and ethical standards. 

• Transportation & Product Liability Schools Attended: 

  • Deere & Co. Outside Counsel Technical School, October 2006, Moline, Illinois:  Attended Deere & Co. sponsored seminar designed to help Deere’s outside counsel better defend product liability cases.

  •  Werner Enterprises, Inc. Attorney-Trucking Training Bootcamp, 2007, Omaha, Nebraska.  Received trucking company sponsored hands-on training to gain knowledge of the trucking industry, including completing driver logs, ECM downloading, use of on board technology, participating in a DOT inspection with Nebraska Highway Patrol officers, and expert led training regarding biomechanical analysis. 

  • Werner Enterprises, Inc. Advanced Attorney-Trucking Training Bootcamp, September 2014, Omaha, Nebraska.  Received trucking company sponsored hands-on training to gain knowledge of the trucking industry, including driving truck tractors, use of driving simulators, over-the-road driving, and expert led training regarding work zone accidents and conspicuity.

Affiliations and Memberships

• Arbitrator for the San Francisco Superior Court, current 1999 to 2023.

• Law Clerk, Presiding Judges Daniel Hanlon and Claude Perasso, San Francisco Superior Court, 1987-1988.

Publications and Presentations

• State of California Transportation Compendium of Law, 2012 edition.  Published by USLAW Network, Inc.  A summary of employer derivative liability theories such as negligent entrustment and of defenses in transportation litigation. 

• State of California Compendium of Law, 2012 edition.  Published by USLAW Network, Inc.  One of five authors of a booklet discussing (1) pre-suit and initial considerations issues such as pre-suit notice requirements and statutes of limitations, (2) negligence issues such as comparative fault and indemnification, (3) discovery, (4) evidentiary issues such as  collateral source and spoliation, and (5) damages issues such as mitigation and interest. 

• State of California Transportation Compendium of Law, 2014 edition.  Published by USLAW Network, Inc.  A summary of employer derivative liability theories such as negligent entrustment and of defenses in the transportation litigation. 

• State of California Transportation Compendium of Law, 2015 edition.  Published by USLAW Network, Inc.  A summary of employer derivative liability theories such as negligent entrustment and defenses in the transportation context. 

• Paradigm, magazine of the International Society of Primerus Law Firms, Spring 2017 edition.  “Vendors of Products in California Beware.”  A discussion regarding what all manufacturers and distributors need to know about California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). 

• International Network of Boutique & Independent Law Firms, Annual Black-Tie Weekend Meeting, Oct. 19-22, 2017, San Francisco, CA.  Presentation: “Restricting Jurisdiction and Venue.  An evaluation of the impact of the 2017 U.S. Supreme Court decisions in Bristol-Myers Squibb on jurisdiction and TC Heartland on venue”. 

• International Society of Primerus Law Firms, Mar. 28, 2018 online seminar. “California Prop 65:  Be Prepared for the Revisions to the Warning Requirements.”  Co-presenters Lee Smith, Esq. and Ankur Singhal of Exponent.  ​Powerpoint Presentation Available Here

• International Network of Boutique & Independent Law Firm, Spring 2018 Civil Litigation Practice Group Fly-In, Chicago, IL.  April 12-13, 2018.  Presentation: “Cross-Border Discovery.  A review of the balancing test required when the broad scope of U. S. discovery conflicts with restrictive discovery in other countries.”  Co-presenter James M. Mulcahy.

•  INBLF Guide to Doing Business in the United States, June 20-22, 2018, SelectUSA Investment Summit in National Harbor, Maryland.  Authored article concerning California’s Proposition 65 for a booklet distributed to potential investors in the U.S. and representatives of non-U.S. economic development organizations. 

• Paradigm, magazine of the International Society of Primerus Law Firms, Fall 2018 edition.  “To Provoke or Not to Provoke Heavy Metals.” An analysis of the problems associated with using a chelating agent when conducting a heavy metal exposure assessment. 

• Primerus Defense Institute Transportation Seminar, Feb. 21-22, 2019, Austin, TX.  Presentation: “Dynamex Test:  What the California State Supreme Court Ruling Means for the Future.”  An analysis of the impact of the Dynamex decision on worker classification as employee or independent contractor.  Co-presenter Robert M. Milane. 

• Primerus Defense Institute 2019 Annual Convocation, April 4-7, 2019, Boca Raton, FL.  Presentation: “Autonomous Vehicles 101.”  Presentation regarding the technology, insurance, liability, data collection, and other issues involved in autonomous vehicles.  Co-presenter Michael J. Vetter, Sr., Esq. 

• International Network of Boutique & Independent Law Firm, Spring 2019 Civil Litigation Practice Group Fly-In, Chicago, IL.  April 11-12, 2019.  Meeting program chair for presentations concerning various aspects of civil litigation, including no-poach agreements for franchisees, foreign corrupt practices act, arbitration agreements, and major strategic litigation decisions. 

• Product Liability Newsletter, International Society of Primerus Law Firms, Sept. 2019, Issue 1.  “Slack-What?  A Potential Non-Product Liability Problem With Your Product.” An analysis of the potential problems associated with having nonfunctional slack-fill in your product containers. 

• Host of September 21, 2020 Coffee & Conversation for International Society of Primerus Law Firms.  Recorded a video and wrote a brief note regarding the return of civil jury trials during the COVID-19 pandemic and then hosted a related videoconference for United States and European members of Primerus. 

• Product Liability Newsletter, International Society of Primerus Law Firms, October 2020, Issue 2.  “Have State Courts Expanded Personal Jurisdiction Too Far?”  An analysis of the two Ford Motor personal jurisdiction cases before the U. S. Supreme Court in the Fall 2020 Term. 

• Paradigm, magazine of the International Society of Primerus Law Firms, March 2021 edition.  “The Peeping Tom Motorcycle Accident.”  A summary of how a peeping tom helped quickly resolve a wrongful death motorcycle accident case. 

• Paradigm, magazine of the International Society of Primerus Law Firms, September 2021 edition.  “A Case Study:  The Difference a Forensic Mechanic Can Make in Mechanical Failure Claims.”  A discussion of how a forensic automotive mechanic helped win a summary judgment motion. 

• Product Liability Newsletter, International Society of Primerus Law Firms, December 2021, Issue 3.  “Should We Cap Contingency Fees?”  A review of the current effort in California to impose limits on contingency fees. 

• International Network of Boutique & Independent Law Firm, Spring 2022 Civil Litigation Practice Group Fly-In, Chicago, IL.  May 5-6, 2022.  Meeting program chair for presentations concerning various aspects of civil litigation, including how to handle clients with diminished capacity, what employment litigators learned from COVID, and changes in dealership structure due to electric vehicles.  Panel discussion leader with Nancie Marzulla, Esq. regarding locating, retaining, preparing, and presenting expert witnesses. 

• Primerus Defense Institute Transportation Seminar, Feb. 15-17, 2023, Las Vegas, NV.  Presentation: “Statutory Blow To The Reptile Theory In Trucking Litigation.”  An analysis of the impact of Texas House Bill 19 on The Reptile Theory.  Co-presenter with Tab Keener, Esq. of Downs & Stanford, P.C. and Dave Edmondson, Vice President of Safety & Compliance, J&M Tank Lines. 

• International Network of Boutique & Independent Law Firm, Spring 2023 Civil Litigation Practice Group Fly-In, Chicago, IL.  June 8-9, 2023.  Meeting program co-chair.  Planned and organized discussions concerning various aspects of civil litigation, including effective use of pre-trial motions, a Canadian perspective on arbitration and cross-border litigation, strategic use of Amicus Curiae briefs, tricks and traps in severance and settlement agreements, and family law litigation and appeals.

Outside Interests

• Volleyball. Camping & Hiking. St. Anne of the Sunset, Finance Council, 2005 to 2024, chairperson 2014 to 2024.  St. Anne of the Sunset, School Consultative Board, recording secretary, 2012 to 2024. Board of Directors member for Bay Area Knights of Columbus Foundation For Developmentally Disabled Children & Adults, 2006 to 2018.