Dana A. Ferestien
Two Union Square
601 Union Street, Suite 4100
Seattle, WA 98101
Dana Ferestien is a member in the Seattle office and a part of the firm’s business litigation practice group and insurance team.
As a trial lawyer and counselor, Mr. Ferestien provides clients with creative solutions to efficiently meet their specific needs and solve their problems. Mr. Ferestien devotes the majority of his practice to insurance claims and coverage and bad faith litigation. He also has substantial experience handling breach of contract, intellectual property, unfair trade and shareholder/ breach of fiduciary duty disputes.
Mr. Ferestien has been recognized by the Seattle Met magazine as a “Top Lawyer” in Commercial Litigation for 2010, a designation based upon Martindale-Hubbell’s ranking of those practitioners in King County who have been judged by their peers to be “AV Preeminent”—the highest peer review rating available. He has also been named to Super Lawyers by Super Lawyers magazine for 2014 and 2015.
Numerous declaratory judgment actions and defense of bad faith claims involving a range of different coverages including: first party property, commercial liability, builders risk, OCIP, D&O, and employee benefits.
Numerous investigations and evaluations of first party property damage claims to determine cause of loss and existence and extent of coverage. Engagements have included post-loss investigations, examinations under oath, and appraisals to determine repair/replacement costs.
Contribution and allocation actions between insurers for claims resulting in multi-party litigation and, in some instances, implicating multiple layers of coverage.
Numerous engagements as monitoring counsel for excess insurers for high exposure claims.
Other Business Litigation Experience
Counsel for foreign manufacturer in multiple jurisdiction dispute (federal court and international arbitration) involving claims and counterclaims for in excess of $100 million USD for breach of contract, unfair competition and patent infringement.
Trial counsel for leading internet services and enterprise software company in dispute involving licensing and development agreement and claim for destruction of multi-million dollar venture.
Counsel for international manufacturers in disputes involving trademark infringement and/or misleading advertising.
Trial and appellate counsel for national solid waste collection companies for successful challenge to municipal utility tax (Regional Disposal Co. v. Centralia 147 Wn.2d 69 (2002)); and for successful defense of exclusive collection contract awarded for major metropolitan area.
Representation of businesses and individuals in lawsuits involving non-competition agreements and trade secrets.
- American Bar Association (Member, Section of Litigation, Insurance Coverage Litigation Committee)
- International Trademark Association (Member, Leadership Development Committee)
- Washington State Bar Association
- “Insurers Lose More Ground in Arbitration Clause Debate,” Law360.com, January 22, 2013.
- “Washington High Court Allows Diminished-Value Recoveries for Drivers,” Westlaw Journal Insurance Coverage, January 13, 2012.
Recent Publications/Speaking Engagements
- “Additional Insured Endorsements and Indemnity Agreements,” American Bar Association, Insurance Coverage Litigation Committee Annual Meeting, March 3 2012.
- “Handling Liability Claims in Washington: Tips and Traps for Insurers,” Multiple Dates for Various Insurers.
- "Institutional Bad Faith -- Putting The Insurer's Practices and Procedures on Trial" ABA Section of Litigation, Insurance Coverage Litigation Committee Annual Meeting, March 5, 2011.
- “From Doctors to 'E-tailers': The Expanding Market of Cyber Risks and Coverages” ABA Section of Litigation, Insurance Coverage Litigation Committee Annual Meeting, March 5, 2010.
- “The Emerging Selective Tender Rule: A Risk Management Tool for Insureds and a Potential Defense for Insurers Facing Contribution Actions,” Fall/Winter 2009.
- “The Benefits of a Coordinated and Focused Pro Bono Program,” The Metropolitan Corporate Counsel, August 2009.
Areas of Practice
- Commercial Litigation
- E-Discovery/E-Document Management
- General Litigation
- Insurance Coverage
- Intellectual Property & Technology
- Product Liability & Mass Torts
- Regulated Industries
- Vanderbilt University School of Law (JD) 1995
- University of Wisconsin-Madison (BA), with distinction, 1992