Damon Elder

Damon has represented numerous companies, executives, and business owners in connection with disputes over the management, control, and transactions of their businesses. He also has experience representing employers in disputes over noncompetition and nonsolicitation agreements, employment discrimination claims, and misappropriation of trade secrets.

Prior to joining Morgan Lewis, Damon was a founding partner in the law firm Calfo Eakes in Seattle. He previously served on the board of directors of Camp Korey, a Seattle-area nonprofit that serves children with life-altering medical conditions and their families.

Note: This list includes engagements completed prior to joining Morgan Lewis.

Consumer Litigation and Commercial Disputes

• Represented a major manufacturer of consumer products in more than 50 consumer protection class actions across the United States; in each case, either class certification was denied or the case was resolved in the manufacturer’s favor on the merits
• Represented a major pharmaceutical company in connection with consumer protection allegations filed by the Washington Attorney General’s Office arising from the sale and marketing of the company’s implant products; after substantially narrowing the plaintiff’s claims through pretrial motions, the case settled on terms favorable to the client
• Represented a nonprofit in arbitration against various claims for breach of contract brought by multiple plaintiffs; obtained a favorable award resulting in the complete dismissal of the plaintiffs’ claims and a significant financial award for the client
• Represented several natural resource companies in connection with an investigation by the Washington Attorney General’s Office regarding alleged unfair trade practices; the government ultimately did not assert claims against any of the companies
• Represented a consumer reporting agency in connection with class action allegations that the company had systematically violated the Fair Credit Reporting Act; the case settled on terms favorable to the client while the company’s summary judgment motion was pending
• Represented a global pharmaceutical company against the Washington Attorney General’s Office’s allegation that the company’s marketing and sales of prescription medicine gave rise to a public nuisance; after prevailing on significant discovery issues in the trial court, the case settled on terms favorable to the client while the state’s interlocutory appeal was pending
• Represented an information technology company in a False Claims Act case relating to the provision of software and related services to the US Department of Defense; obtained a favorable ruling for the client at summary judgment
• Represented a technology company in connection with allegations of defamation and tortious interference with business expectancies; obtained the complete dismissal of the case at the pleadings stage
• Represented a corporate executive in a civil lawsuit in Washington in which the plaintiffs alleged claims for breach of contract and fraud in connection with an unsuccessful joint venture; obtained a ruling from the Washington Court of Appeals compelling arbitration of the plaintiffs’ claims
• Represented a manufacturer in a dispute with a potential competitor that was seeking disclosure of the client’s trade secrets; the court agreed to protect all of the client’s confidential information

Employment Litigation

• Defended one of Seattle’s largest employers against multiple lawsuits alleging employment discrimination, retaliation, and hostile work environment in three-week and four-week jury trials; juries in each case returned complete defense verdicts in favor of the employer
• Represented an employer on its appeal from a significant adverse verdict on a hostile work environment claim; obtained the complete reversal of the verdict and an order mandating the entry of judgment in favor of the employer on remand
• Represented a global retailer against noncompete claims arising from the hiring of multiple marketing executives; obtained summary judgment dismissing the plaintiff’s claims and reforming the plaintiff’s noncompete contracts to permit the executives’ new employment