Schwabe Williamson Wyatt Proposal To The Alaska Redistricting Board

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Alaska Redistricting Board

RFI Response

January 29, 2021

Schwabe, Williamson & Wyatt P.C.


420 L Street, Suite 400
Anchorage, AK 99501
(907) 339-7125 phone
(503 796-2900 fax schwabe.com
Introduction

Schwabe, Williamson & Wyatt PC is pleased to provide this response to the Alaska
Redistricting Board’s Request for Information. Schwabe is uniquely positioned to offer
the Board excellent legal representation as it embarks on the reapportionment process
required under Alaska’s Constitution. If you select Schwabe, the Lead Attorney for this
representation will be Matt Singer, one of Alaska’s most experienced election law
lawyers. Matt will be supported by the largest litigation team in Alaska, assuring that the
Board will have high caliber representation whether it seeks routine daily advice or
faces high stakes and expedited litigation. Schwabe’s Alaska litigation team has briefed
and argued over 50 Alaska Supreme Court and Ninth Circuit published cases, setting
important precedent, including many cases involving constitutional law. Our team also
has a track record of proven results in high stakes trial litigation in state and federal
courts.

For this project, Schwabe has also arranged for Michael White to serve as a senior
advisor to its team. Mike represented the Alaska Redistricting Board in the 2010
reapportionment, and was lead challenger’s counsel in the 2000 redistricting litigation.
Mike is the most experienced redistricting lawyer in Alaska, and will share his
experience as an advisor to the Schwabe team.

Schwabe has a team of nine attorneys in its Anchorage office, and nearly 175 total
lawyers in and around the Pacific Northwest. With this combination, Schwabe offers the
Board a seasoned team of Alaska lawyers, coupled with the resources, stability, and
experience of a large regional law firm.

A. An organizational chart specific to the personnel assigned to accomplish the


work called for in this Request; illustrate the lines of authority; designate the
individual responsible and accountable for the completion of the work.

As reflected in the below organizational chart, Schwabe proposes that litigation partner
Matt Singer will serve as Lead Attorney. In that capacity, Matt will be the primary client
contact, and will direct the work of all team members. Anchorage attorney Lee Baxter
will serve as Second Chair. Paralegal Carol Butler Hill and Senior Legal Assistant
Jeanine Huston will also work with the team on an ongoing and daily basis. As needed,
Associate Kayla Tanner will support the team through research and writing. At no
additional expense to the Board, Schwabe has also arranged for retired attorney
Michael White to serve as an advisor to this project. Mike was the Redistricting Board’s
counsel in the 2010 round of reapportionment, and will bring a wealth of knowledge to
the Team. If expedited litigation requires additional staffing, experienced Schwabe

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litigators Howard Trickey, Christopher Slottee, Peter Scully, and Zach Berne will also be
available on an as-needed basis. Below, we have provided full resumes for each of the
attorneys.

The Schwabe Alaska Redistricting Board team offers nearly 150 years of combined
litigation experience, with four seasoned litigation partners, two up-and-coming litigators
with a decade each of experience, and two associate attorneys. This Anchorage team
works collaboratively to meet the needs of clients, with the ability to mobilize additional
lawyers as needed when high stakes litigation requires all hands on deck.

Alaska Redistricting Board’s Client Service Team


Michael White
Senior Advisor

Matt Singer
Team Lead Howard Trickey
Litigation Attorney

Christopher
Lee Baxter Slottee
Second Chair Litigation Attorney

Peter Scully
Jeanine Litigation Attorney
Carol Butler
Kayla Tanner Huston
Hill
Associate Senior Legal
Paralegal
Assistant
Zach Berne
Litigation
Associate

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B. A narrative description of their firm’s qualifications and prior experience
including the Lead Attorney and Key Personnel’s experience in advising clients in
Alaska with regard to:

a. statutory duties;
Schwabe frequently represents clients in highly regulated industries and
businesses. This includes public entities, public utilities, government contractors,
and school districts that must comply with state and federal statutory and
regulatory requirements. Our representation of public entities commonly involves
providing day-to-day advice on statutory and regulatory compliance. Our Alaska
Native Corporation clients routinely turn to us for advice about federal contracting,
public procurement, employment and human resources, labor relations, OSHA
compliance, Alaska Native Claims Settlement Act (ANCSA) land-transfer and
revenue sharing requirements, and environmental regulation. Similarly, we
represent natural resources clients with regard to state and federal pollution
regulations and other statutory requirements. Lead attorney Matt Singer has
nearly two decades of experience advising clients with regard to election-related
constitutional, statutory, and regulatory duties, including clients regulated by the
Alaska Public Offices Commission. Furthermore, Matt is supported by a team that
is routinely called on to review and advise clients on statutory requirements.

b. matters of federal and state constitutional law


Matt Singer has been involved in many prominent constitutional cases over the
past two decades. The following is a representative list of his work in
constitutional disputes in state and federal court:

• Along with Howard Trickey, represented plaintiffs in dispute over constitutional


requirements for public education funding in Alaska (Moore v. State of Alaska)
• Represented mining interests in constitutional challenge to a proposed ballot
initiative in state court and before the Alaska Supreme Court (Pebble Limited
Partnership v. Parnell)
• Obtained directed verdict after lengthy jury trial for City of Fairbanks in a First
Amendment retaliation dispute asserted by two former police officers (Hutton
v. City of Fairbanks)
• Represented mining interests in constitutional dispute over public notice
requirements for issuance of state land use permits for mineral exploration
(Nunamta Aulukestai v. State)
• Represented mining interests in trial court and Alaska Supreme Court in
successful challenge to local ballot initiative that conflicted with state law
regarding mineral development (Jacko v. State of Alaska)

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• Represented mining interests in constitutional challenge to ballot initiative,
before both Alaska superior court and Alaska Supreme Court (Hughes v.
Treadwell)
• Represented fishery conservation group in constitutional dispute over
proposed ballot initiative, before both trial and appellate courts (Lt. Governor v.
Alaska Fisheries Conservation Alliance)
• Prepared amicus brief to Alaska Supreme Court for ANCSA Regional
Association in constitutional dispute regarding proposed ballot initiative (Mallott
v. Stand for Salmon)
• Obtained preliminary injunction and settlement for political group in First
Amendment dispute about use of temporary political signs during campaign
season (Dunleavy for Alaska v. Alaska Dept of Transportation)
• Represented intervener in constitutional dispute regarding legislature’s
authority to forward fund education (Alaska Legislative Council v. Dunleavy)
• Representing plaintiff in First Amendment dispute regarding press access
(Alaska Landmine v. Dunleavy)

c. legal aspects of the operation of public agencies and their interactions


with the public;
We serve as counsel to numerous public entities, including school districts and
municipal governments. Matt serves as outside general counsel to public entity
clients, and in that capacity he attends monthly board meetings and assists with
adoption of policies, resolutions, public procurement and compliance issues. Matt
and his Schwabe colleagues regularly advise clients and provide day-to-day
advice on public governance, parliamentary procedures, public records laws,
open meeting act requirements, purchasing, and human resources and
employment matters. We value working with our public agency clients as your
trusted advisor.

d. state or municipal elections including state and federal voting rights


issues pertaining to redistricting; and
As detailed in “b” above, Matt has represented parties in numerous legal disputes
involving state election matters. In addition, Schwabe routinely represents parties
before the Alaska Public Offices Commission with regard to campaign disclosure
requirements. With regard to state and federal voting rights issues, our team has
been retained by interested parties in past reapportionments to review the
process and advise about consistency with state and federal law. In that capacity,
we are well versed in the Alaska Supreme Court’s precedent in this area. Our
objective will be to guide the Board through the procedural and substantive steps

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necessary to assure that its reapportionment plan will withstand legal challenges
and satisfy the requirements of the state constitution.

e. trial experience; and experience with appeals before the Alaska Supreme
Court.
Lead attorney Matt Singer has significant experience as a first-chair advocate in
jury and bench trials in state and federal court. He is intimately familiar with all
aspects of trial practice, from jury selection through summation, and has
numerous trial victories in high value cases. Matt has done bench and jury trials
involving constitutional disputes, tort claims, environmental and pollution issues,
land ownership and real property disputes, breach of contract and commercial
matters, and employment-related disputes.

For example, in a federal whistleblower case, Matt won a jury verdict of $3.5
million after a lengthy trial in federal court. In a First Amendment case that Matt
defended for the City of Fairbanks, he won a directed verdict for the City from the
federal judge at the conclusion of a month-long jury trial. In addition, team
members Howard Trickey, Chris Slottee, Lee Baxter, and Peter Scully all have
“first chair” trial experience in Alaska courts, such that we bring a wealth of
experience in presenting fact and expert witnesses and successfully advocating
for clients in evidentiary hearings, in bench trials, and before juries.

As for appellate work, Matt began his career as a law clerk to former Chief Justice
Alex O. Bryner of the Alaska Supreme Court. After entering private practice, Matt
has argued approximately 30 appeals to the Alaska Supreme Court and Ninth
Circuit Court of Appeals, and presently has a petition for certiorari pending before
the United States Supreme Court. Matt also serves by appointment of the chief
justice on the state court’s Appellate Rules Committee.

Schwabe’s team is comprised primarily of former judicial law clerks with significant
experience in state and federal courts. Second Chair Lee Baxter started his
career clerking for the Montana Supreme Court, before returning to his lifelong
home in Anchorage, where he started as a clerk to the federal magistrate before
entering private practice. In a recent jury trial, Mr. Baxter successfully obtained a
directed verdict for a public entity defendant.

We also know how to handle expedited litigation. In the past several years, we
have had numerous occasions to either seek or defend against claims for
temporary restraining orders and preliminary injunctions, including in election-
related cases as well as those involving trade secrets, covenants not to complete,

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land and dock access disputes, and other commercial matters. Many of the
constitutional disputes listed above were litigated through the superior court and
the state supreme court on an expedited basis. When a case requires prompt
attention, Schwabe has the work ethic, resources, and experience to move a case
quickly through the court system.

C. A description of the firm’s qualifications and experience advising clients on


elections related matters in Alaska and other Alaska statutes and regulations.

As detailed above, Schwabe’s Anchorage office is home to some of Alaska’s premiere


litigators. We have represented clients in controversial ballot initiatives that are
challenged under the constitution, provided advice on complying with campaign finance
laws, and practiced before the Alaska Public Offices Commission with regards to
campaign disclosure requirements. Additionally, we represent many Alaska Native
Corporations, villages, and tribes, all of which have elections through processes
established by statute or through bylaws. In particular, Matt Singer and Christopher
Slottee have served as election judges for tribal governments.
Matt Singer has assisted clients in drafting proposed ballot initiatives. He has brought
several constitutional lawsuits to challenge proposed initiatives, and in other cases has
sued to get initiatives placed on the ballot. With regard to campaign finance, Matt has
defended public entities and campaign groups before the Alaska Public Offices
Commission. He has also represented complainants reporting on significant campaign
violations.

In 2011, Matt was hired by private clients interested in evaluating the Board’s
redistricting maps. That work required Matt to develop a close understanding of the
body of law that governs the work of the Redistricting Board. We are well-versed in the
constitutional requirements for contiguity, compactness, and socio-economic integration
of house districts and will be well prepared to advise the Board about the procedural
and substantive steps required by the Alaska Constitution and the Alaska Supreme
Court.

Finally, as mentioned above, we have arranged for retired attorney Mike White to serve
as an advisor to the Schwabe team. Mike was the Board’s counsel in the 2010
apportionment, and represented a political party challenger in the 2000
reapportionment. His decades of experience will give the Schwabe Team additional
horsepower to best serve the Redistricting Board as it develops a reapportionment plan
that will survive legal challenge and best serve Alaskans.

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D. A description of any distinct and substantive qualifications for undertaking the
proposed contract, such as the availability of specialized equipment, awards and
recognition received for similar services or special approaches or concepts
relevant to the required services.

Schwabe’s client service team approach has resulted in tremendous efficiencies for our
clients and improves the quality of advice we provide. For the Alaska Redistricting
Board, we would convene a Client Service Team to meet regularly, at our expense, to
collaborate and identify any emerging issues. Our goal is to be a true strategic
collaborator with the Alaska Redistricting Board, and ensure we are delivering proactive,
targeted, and effective legal services designed to reach your goals.

We propose providing “office hours” with Matt Singer, to be a regular resource to the
Alaska Redistricting Board throughout the process. Matt is flexible regarding time and
frequency. The office hours would be on our dime; if we are asked to address issues
that are properly billable, we would then bill that time. Our hope is that being virtually
“on site” and available to your team at predictable times would help provide the Board
and its Executive Director an opportunity to proactively seek input and to help identify
issues. We know from experience that an ounce of proactive prevention is truly worth a
pound of cure.

We have also sought to streamline our billing processes. Routine office expenses, such
as phone charges and routine printing and copying, are included as a component of our
hourly rates and will not be separately billed. If we do incur external costs, for expedited
shipping, expert witnesses, or other “hard costs,” we will bill these at our cost, with no
markup of any kind.

Other firm resources include secure and dedicated client extranets and collaboration
portals (HighQ), allowing for secure communication, calendaring, task management,
and sharing of confidential documents; the use of electronic billing systems to integrate
with several of our clients’ financial software; technology applications for the production
of customized, highly sophisticated legal documentation that enhances efficiencies
while maintaining the highest quality control at a considerable savings to our clients;
smartphones for each of our attorneys, allowing them to be accessible to clients 24/7;
and an internal and secure document management system (FileSite), which enables us
to store documents electronically and ensure that they are readily accessible by all
workstations so there is no need to start from scratch at the commencement of each
new matter or issue for our clients. We also have an on-site, state-of-the-art law library,
which includes full access to electronic resources in addition to published materials.

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Relevant Awards and Recognition

• Schwabe’s Alaska team is ranked for Litigation by Chambers & Partners.


Chambers states that “Matthew Singer draws recognition for his trial and
appellate capabilities. He is frequently retained on corporate and natural
resources disputes, and fields notable experience before the Alaska Supreme
Court.”
• Matt Singer is ranked as a Super Lawyer for Civil Litigation, Environmental
Litigation, and Business Litigation.
• Schwabe’s litigation teams have recently won a dismissal of mining litigation
based on tribal sovereign immunity at the Ninth Circuit and a groundbreaking
lawsuit related to labor contracts at the Port of Portland.
• In October 2020, Christopher Slottee was awarded with the Alaska Attorney
General’s Award for Pro Bono Service. This award is to recognize Christopher’s
service to survivors of domestic violence and reflects one of the many ways our
attorneys are enmeshed in their home community of Anchorage.
• Schwabe has nationally ranked law practices in several areas by U.S. News &
World Report.

E. Details of Firm’s ownership, headquarters, branch or affiliate offices and length


of time in business.

Established in 1892, Schwabe is Oregon’s oldest law firm and one of the largest Pacific
Northwest regional law firms. With offices in Portland, Bend, Eugene, and Salem,
Oregon; Seattle and Vancouver, Washington; Mountain View, California; and
Anchorage, Alaska, Schwabe has a team of lawyers available to assist on projects as
needed.
Schwabe’s Anchorage office is deeply enmeshed in the Alaska community. Schwabe
has supported clients in Anchorage for decades and furthered its investment in Alaska
by welcoming six experienced attorneys from Holland & Knight in 2020. As outlined
above, Schwabe’s Anchorage team offers four seasoned litigation partners, two up-and-
coming litigators with a decade each of experience, and two associate attorneys.
Schwabe attorneys routinely appear in courtrooms around Alaska, and have
longstanding ties around the state. Additionally, Schwabe is expanding our existing paid
10-week Summer Associate program to include a position for a diverse law student in
our Anchorage, Alaska office. This opportunity provides training, mentoring, and real-
work legal experience to diverse students who have completed their first year of law
school. We are thrilled to offer this opportunity to a diverse law student in Alaska.

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F. A description of the firm’s structure, size and capabilities/quantities available
in terms of personnel and equipment. Indicate if the award of this contract would
require the acquisition of additional space, equipment, personnel or any other
items. Be as specific as possible (i.e., how much additional space, specific
equipment, the number and function of additional employees, etc.)

As one of the Pacific Northwest’s largest full-service law firms with around 175 attorneys
and 38 paralegals, we offer a depth and breadth of resources beyond the attorneys
represented within this response. As appropriate, other individuals can be drawn into
our representation of the State as their talents and experience may dictate.

A well-established firm, we act to reinforce your trust in us as a regional advisor. We


have the bench strength to ensure continuity of service and a team committed to finding
better ways to do business. We have the structure to provide a solid platform of services
and are nimble enough to move quickly and operate without unnecessary red tape or
cost. Whether we are operating from our Class A offices in downtown Anchorage, with
high caliber conference rooms, “war rooms,” and ample offices for attorneys and visiting
clients, or virtually during the COVID-19-pandemic via use of technology platforms, we
are prepared to meet the Board’s legal needs from day one. We do not need any
additional employees, equipment, or space to handle the legal needs of the Alaska
Redistricting Board. Additionally, Schwabe has the resources at our fingertips, both in
terms of talented litigators and cutting edge technology, to respond deftly to the
changing demands of contentious litigation.

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Lead Attorney and Client Service Team

Matt Singer, Lead Attorney


907-339-7129
[email protected]
Anchorage, Alaska

Matt Singer is a seasoned litigator who helps clients resolve complex disputes. An
experienced trial and appellate attorney, Matt has represented clients in state and
federal courts in dozens of bench and jury trials. Matt has argued approximately 30
appeals to the Ninth Circuit Court of Appeals and the Alaska Supreme Court.

Matt has served as counselor and litigator to Alaska Native Corporations (ANCs),
private businesses, and public agencies on cases involving constitutional law, elections,
public governance, commercial and construction disputes, employment matters, and
complex tort claims. Matt has also served as outside general counsel to a variety of
clients, providing daily advice and serving as a trusted advisor to elected and appointed
boards and officials. Matt is known for his practical problem solving and efficient focus
on outcome determinative issues in complicated matters.

Based in Anchorage for over 25 years, Matt has represented clients and regularly
appeared in courtrooms all over Alaska. Matt has handled cases in all of Alaska’s
judicial districts and in the courts of Anchorage, Bethel, Fairbanks, Juneau, Ketchikan,
Kotzebue, Nome, Palmer, Seward, Unalaska, Utqiagvik, and Valdez, and will be
prepared to advocate for the Alaska Redistricting Board in any state or federal
courtroom in Alaska.

Matt is one of Alaska’s most experienced election law litigators, having worked on many
prominent election cases before state trial courts and the Alaska Supreme Court.

Election Law Experience:


• Successfully challenged in the Alaska Supreme Court a local ballot initiative that
sought to preclude new resource development projects in a large region of
southwest Alaska.
• Challenged the Lieutenant Governor in court for refusing to certify a fish
conservation ballot initiative.
• Obtained summary judgment striking a version of a ballot initiative that
threatened to prevent all new mining in Alaska.

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• Successfully defended numerous campaigns before the Alaska Public Offices
Commission (APOC), and investigated and prosecuted an APOC complaint
about campaign misconduct that resulted in the largest settlement in state
history.
• Routinely advises campaign groups on all aspects of election laws, including
APOC and Federal Election Commission (FEC) compliance and state
constitutional requirements.

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Lee Baxter, Second Chair
907-339-7132
[email protected]
Anchorage, Alaska

Lee Baxter is an Alaskan litigator who works closely with Alaska Native Corporations
(ANCs), tribal and state governments, public entities, and companies throughout the
state of Alaska. He helps his clients resolve disputes involving constitutional cases, real
estate, contracting, Alaska Native Claims Settlement Act (ANCSA) conveyances, torts,
and intellectual property rights.

Lee’s experience working with diverse clientele throughout Alaska has given him a
thorough understanding of the state’s legal landscape. Beyond his work with ANCs and
Alaskan tribal governments, he has represented construction clients challenging
competitive bid awards; employers looking to protect the misappropriation of company
property and trade secrets; companies aiming to prevent their loss of options to
purchase real property; and Alaskan school districts seeking legal counsel for liability
concerns, contractual agreements, and employment issues. Lee works closely with Matt
Singer as a litigation team, and in that capacity the two have had several successful trial
and appellate victories.

After law school, Lee clerked for Justice Jim Rice of the Montana Supreme Court and
U.S. Magistrate Judge Deborah M. Smith of the U.S. District Court for the District of
Alaska. Lee graduated from law school in the top five percent of his class.

Based in Anchorage, Lee is also prepared to litigate in any judicial district and
courtroom in Alaska.

Litigation:
• Served as counsel for a city in Alaska against a tort claim brought by a resident
who struck a road hazard on a state-maintained roadway and obtained a directed
verdict in the client’s favor at trial.
• Received a preliminary injunction to prevent a former employee from
misappropriating company assets, trade secrets, and other intellectual property
and starting a competing business for an oil field services company.
• Represented numerous school districts in employment and tort litigation.
• Obtained a preliminary injunction preventing the termination of an option to
purchase real property with significant mineral extraction potential for a mining
company.

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Kayla Tanner, Associate
907-339-7148
[email protected]
Anchorage, Alaska

Kayla Tanner advises on matters involving disputes, employment, and benefit issues
affecting her clients in the real estate and construction and natural resource industries.
As a practiced litigator, she pursues her clients’ interests in lease, contract,
employment, and property damage claims. Kayla’s prior experience as an in-house
attorney for an energy-industry services and engineering, procurement, and
construction (EPC) company managing client, vendor, and employment matters affords
her clients the benefit of an attorney who intimately knows the many varied issues that
they face each day. An experienced appellate writer, Kayla has also drafted briefs
submitted before the Texas Supreme Court.

Prior to joining Schwabe and returning home to Alaska, Kayla studied and practiced law
at a premier Texas law firm for several years. Her first position out of law school was
clerking for the Honorable Phil Johnson of the Supreme Court of Texas. Kayla is based
in Anchorage and can litigate in any of Alaska’s judicial districts.

Experience:
• Defended a company and its affiliates against Equal Employment Opportunity
Commission (EEOC), whistleblower, and Employee Retirement Income Security
Act (ERISA) breach of fiduciary duty claims.
• Drafts and negotiates various employment related contracts, including staff
augmentation agreements, separation agreements, consulting agreements,
health plan vendor contracts, and other service agreements.
• Reviews and negotiates contracts with energy industry clients for catalyst and
turnaround services, which involve maintaining the risk tolerance through
indemnity, insurance, and flow down provisions.
• Drafted an appellate brief and reply defending a trial court’s construction of an oil
and gas deed before the Texas Fourth Court of Appeals.
• Negotiated over 60 case settlements incorporating favorable indemnity, release,
and confidentiality provisions, including partnership disputes and fiduciary
litigation.
• Managed a docket of 25 disputes for a large energy client, including asserting
and defending contract claims and negligence-based property damage claims.
• Prosecuted a lease dispute for an energy client through a final three-day
arbitration hearing, including leading direct and redirect examination of
witnesses.

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Carol Butler Hill, Paralegal
907-339-7134
[email protected]
Anchorage, Alaska

Carol Butler Hill has over 30 years of experience working as a paralegal. With a focus in
litigation, she has assisted attorneys in preparing for trials, hearings, and closings in
both state and federal courts.

A former private investigator, Carol is adept at conducting thorough legal research,


gathering relevant case information, and interviewing witnesses. Her attention to detail
and breadth of legal experience allow her to seamlessly prepare and file a variety of
litigation and transactional documentation. Additionally, her knowledge of the unique
characteristics of Alaska Native Corporations (ANCs) and tribal governments makes her
a valuable asset to Schwabe’s Alaskan attorneys who serve these clients. Carol also
has experience working with witnesses and clients all over Alaska.

Carol is particularly adept at managing sophisticated litigation tasks, including handling


large discovery and document production tasks. She is also skilled in trial and
courtroom presentations and serves as a trusted member of the Schwabe’s Alaska trial
team.

Jeanine Huston, Legal Assistant


907-339-7135
[email protected]
Anchorage, Alaska

Jeanine Huston is a Senior Legal Assistant in Schwabe’s Anchorage office. Jeanine


began her legal career in 1980 as a court reporter and stenographer in Detroit,
Michigan, before moving to Alaska in 1986. For the past 29 years, Jeanine has worked
as a legal assistant in support of litigation attorneys. In that time, she has prepared
countless pleadings for filing in state and federal court, and developed a deep
knowledge of Alaska’s civil rules and filing requirements. Jeanine has worked with lead
attorney Matt Singer and litigation partner Howard Trickey for more than 20 years. She
is well regarded by Schwabe’s attorneys and clients alike for her impressive work ethic
and devotion to client service.

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Additional Bench Strength

Michael D. White, Senior Advisor


Big Lake, Alaska

Michael White (retired) was a litigation partner with the international law firm Patton
Boggs. Mike graduated from Willamette Law School in 1986 and clerked for Alaska
Supreme Court Justice Burke before starting his private practice. He represented the
Republican Party and Speaker of House in a challenge to redistricting in the 2000
reapportionment. For the 2010 reapportionment, Mike represented the Alaska
Redistricting Board through the redistricting process and following litigation. Schwabe
has arranged for Mike to serve as a consultant to the Team on this assignment.

Howard Trickey, Litigation Attorney


907-339-7131
[email protected]
Anchorage, Alaska

Howard Trickey is a litigator who brings over 40 years of experience as a trial and
appellate lawyer—representing diverse clientele such as public entities, Alaska Native
Corporations (ANCs), natural resources companies, Fortune 500 companies, and
privately owned companies. Howard has handled significant constitutional cases
throughout his career, and is recognized for his pioneering work on school funding
issues in Alaska.

Howard has represented urban and rural school districts for most of his career,
including the Anchorage School District, Kenai Borough School District, and many rural
school districts. In his capacity as counsel for school districts, he has dealt with advising
clients on Open Meeting Act issues, the Public Records Act, public education funding,
and many constitutional issues involving students and the state’s obligations with
regarding to funding, and the constitutional relationship between local and state
government regarding education.

Howard has argued 24 appeals to the Alaska Supreme Court and handled cases in the
U.S. Court of Appeals for the Ninth Circuit and the District of Columbia Court of
Appeals.

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Howard has a strong commitment to the future of Alaska. Due to his participation in
establishing the scope of the state’s constitutional duty to fund and support educational
opportunities for students in underfunded, rural schools, the Coalition for Educational
Equity established and endowed The Howard S. Trickey Constitutional Defense Fund.

Alaska Native Corporations (ANCs) and Native American Law:


• Advised an ANC in a breach of trust claim against a national bank for recovery of
original capitalization under the Alaska Native Claims Settlement Act (ANCSA);
obtained a $10 million judgment after a six-month trial.
• Represented ANCs in proxy contests for the annual election of board members.
The cases involved the improper use of false and misleading proxy materials to
unfairly obtain a seat on the board of the respective corporations; in each case,
enjoined the use of the false and misleading materials.
• Represented an ANC in invalidating a transfer of property under Section 14(c) of
the Alaska Native Claims Settlement Act (ANCSA) because the deed conveyed
more acreage than the recipient was entitled to receive under the law and the
corporation’s 14(c) land conveyance policies.

Litigation and Dispute Resolution:


• Represented all State of Alaska employees in a class action to recover
$130 million in supplemental retirement funds when the state failed to invest and
manage those funds in accordance with the prudent investor rule for fiduciaries.
• Defended the reputational interests of a public official who was the target of an
investigatory grand jury and the limits of the grand jury’s power under the fair
investigation provision of the Individual Rights Clause, Article I of the Alaska
Constitution.
• Represented a public school district in claims under the local government article
of the Alaska Constitution, Article X.

Employment Law:
• Defending retaliatory discharge whistleblower cases based on claimed exercise
of First Amendment rights, reports of government fraud and waste, reports of
Occupational Safety and Health Administration (OSHA) violations, and reports of
discrimination.
• Representing employers in over 70 arbitrations involving terminations,
disciplinary actions, and contract interpretation disputes.
• Providing counsel on compliance with the full range of federal and state laws
prohibiting discrimination on the basis of race, sex, religion, ethnicity, age,
disability, and any other protected status under federal and state law.

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Christopher Slottee, Litigation Attorney
907-339-7130
[email protected]
Anchorage, Alaska

Christopher Slottee has over 15 years of experience handling complex litigation matters.
Christopher previously worked as Vice President and General Counsel for an Alaska
Native Corporation, and before that was a partner in a prominent Anchorage litigation
firm. He is well versed in issues of corporate governance, legal and risk management,
government contracting, corporate transactions, mergers and acquisitions, land use,
and real estate matters. Chris also has significant experience representing public
entities in litigation matters.

Litigation and Dispute Resolution:


• Extensive appellate experience, including nine reported decisions from the
Alaska Supreme Court.
• Represented a municipal government in complex litigation involving issues of
separation of powers, inverse condemnation, and breach of the covenant of good
faith and fair dealing arising out of construction of deep-water dock and
legislative changes to the municipal government’s forest management plan.
• Represented taxpayer in dispute with a municipal government over the
expansion of an assessment district and whether that expansion complied with
the municipality’s charter; dispute was appealed to the Alaska Supreme Court.
• Represented a municipal government in complex litigation with a landowner over
obligations arising out of a municipal landfill and sale of methane gas.
• Successfully obtained a dismissal of claims against a municipal government on
summary judgment in an inverse condemnation case through application of the
statute of repose.
• Represented a plaintiff in a sexual abuse case against an assisted living home
that resulted in the Alaska Supreme Court adopting the aided-in-agency theory of
vicarious liability in Alaska.
• Successfully obtained a reversal of the trial court on appeal to the U.S. Court of
Appeals for the Ninth Circuit of an adverse summary judgment decision in a
Longshore and Harbor Workers’ Compensation Act (LHWCA) case.
• Successfully represented an investor in a week-long Financial Industry
Regulatory Authority (FINRA) arbitration case against a broker-dealer based on a
misrepresentation claim.

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Peter Scully, Litigation Attorney
907-339-7128
[email protected]
Anchorage, Alaska

Peter Scully advises his clients on both complex litigation and transactional matters
involving corporate governance, business formation, real estate, and Alaska Native law.
He has represented a diverse range of clients—from Alaska Native Corporations and
tribal governments to public agencies and private companies. This broad experience in
both business law and litigation has made him well versed in issues involving
commercial negotiations, mergers and acquisitions, shareholder disputes, and tort and
contract litigation in both state and federal courts.

Peter brings a wealth of experience from his previous positions at two of Alaska’s top
law firms, where he represented one of the state’s largest private healthcare providers,
Alaskan-owned corporations, and national financial institutions. His diverse experience
across industries allows Peter to serve as a trusted legal advisor to his clients.

Peter began his legal career as a county attorney in New York representing government
agencies in litigation and environmental compliance cases. He also served as law clerk
to the Honorable Frank A. Pfiffner of the Alaska Superior Court.

Federal and State Constitutional Law:


• Currently defending the City of Fairbanks in a civil action brought by the
Fairbanks Four alleging constitutional violations related to their convictions and
incarceration for the 1997 murder of John Hartman (Roberts et al. v. City of
Fairbanks).
• Represented independent expenditure group in lawsuit against State Department
of Transportation (DOT) seeking to enjoin DOT’s practice of prohibiting political
speech from private property as violating free speech guarantees in the Alaska
and United States Constitutions. DOT capitulated and settled the case (Dunleavy
for Alaska v. State Department of Transportation & Public Facilities).
• Representing education advocacy group in lawsuit against Governor for
withholding duly appropriated public education funding in violation of the
separation of powers doctrine, education clause, and faithful execution clause of
the Alaska constitution. The case is pending in the Alaska Superior Court
(Coalition for Education Equity v. Dunleavy).

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• Represented education advocacy group in lawsuit against Governor for
unilaterally declaring a public education appropriation unconstitutional and
refusing to execute it. Prevailed on summary judgment in the trial court and
forced the Governor to execute the appropriation. The matter is now pending in
the Alaska Supreme Court (Alaska Legislative Council, et al. v. Dunleavy)
• Represented large corporate landowner in dispute with stage agencies over
public access issues. Argued the case to the Alaska Supreme Court (Ahtna, Inv.
v. State of Alaska, Department of Natural Resources, and Department of
Transportation and Public Facilities)

Trial Experience:
• Represented an excavation company in a five day trial arising from a contract
and construction defect dispute (Red Hook Construction v. Bishop)
• Acted as first chair defending an Alaska Native Corporation in a claim by former
director seeking to overturn results of corporate election. Prevailed on all of
plaintiff’s claims after a three-day trial (George v. Kootznoowoo, Inc.)
• Represented plaintiff in a six-week personal injury trial arising from catastrophic
ATV accident (Daniel v. Weston Solutions Inc.)
• Defended school district in a personal injury suit brought by student alleging
traumatic brain injury (Higgins v. Anchorage School District)
• Represented an Alaska Tribal Court in a case involving important child protection
jurisdictional issues under the Indian Child Welfare Act. Prevailed in the Supreme
Court. (Native Village of Barrow v. Williams).
• Represented large Native Corporation land owner in dispute with state over
public access to Native Lands; case still pending in the Supreme Court (Ahtna
Inc. v. State Department of Transportation & Public Facilities).
• Drafted or contributed to a number of briefs for appeals in the Alaska Supreme
Court:
o Brandner v. Providence Health & Services, 394 P.3d 581 (Alaska 2017) –
Represented hospital in claim by former physician that hospital violated
his due process rights by disciplining and suspending him.
o Gefre v. Davis Wright Tremaine, LLP, 372 P.3d 256 (Alaska 2016) –
Represented law firm in a legal malpractice claim.
o Alaska Legislative Counsel v. Dunleavy – Case described above
regarding school funding litigation. Case is still pending in the Alaska
Supreme Court.

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Zach Berne, Litigation Associate
907-339-7127
[email protected]
Anchorage, Alaska

Zach Berne’s experience as a litigator includes representing clients with interests in real
estate, banking, and the maritime and fishing industries. His practice focuses on
insurance coverage, vessel casualties, maritime personal injury, commercial leases,
and general litigation. On a pro bono basis, Zach represented a local mayoral
candidate’s campaign regarding funding sources for advertisements and political
advertising transparency.

Zach has represented clients at the trial and appellate levels in both state and federal
courts and with maritime oil pollution claims before the National Pollution Funds Center.
He began his legal career with a year-long clerkship at the High Court of American
Samoa. After completing his clerkship, Zach moved to Anchorage, where he worked as
a litigator for a local firm that focused on insurance and criminal defense. His practice
included a broad range of cases, from dram shop claims and insurance coverage
disputes to assaults and federal drug conspiracies.

Experience:
• Performs federal Administrative Procedure Act work related to environmental
claims, agency claims handling procedures and compliance, rulemaking
procedures, and authority.
• Briefed several Alaska Supreme Court tort matters and Ninth Circuit cases.
• Managed a pro bono case dealing with state Administrative Procedure Act (APA)
issues and the Municipality of Anchorage failing to follow the APA for rulemaking.
• Experience with constitutional law through criminal defense work.

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References

Kara Moriarty, President & CEO of Alaska Oil and Gas Association
907-222-9608
[email protected]
Kara Moriarty directed the campaign group One Alaska, Vote No on One during the last
election cycle, and in that capacity retained Matt Singer and Schwabe to provide legal
representation regarding a variety of election law matters.

Walter Featherly, General Counsel for Calista Corporation


202-716-0439
[email protected]
Calista Corporation retained Matt and Schwabe with regard to election law and
compliance issues associated with federal elections and state ballot initiative
campaigns. Mr. Featherly formerly practiced with Matt and can also speak to his
experience observing Matt in the courtroom in a variety of matters.

Bob Penney, Alaska Fisheries Conservation Alliance


907-947-5949
[email protected]
Mr. Penney, through the Alaska Fisheries Conservation Alliance, retained Matt in a
ballot initiative dispute that went to the Alaska Supreme Court.

Deborah Engles, Senior Director of Risk Management & Safety, Anchorage School
District
907-350-2406
[email protected]
Matt and Schwabe represent the Anchorage School District in a variety of matters. Ms.
Engles can comment on Matt’s courtroom advocacy skills and his work on daily advice
matters including statutory compliance and public governance issues.

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Rates

Hourly rates are but one factor in the value equation for legal services. The proper
staffing and management of legal matters also plays a significant role in cost
containment, and we are committed to managing matters to ensure that tasks are
matched with an appropriate level of experience to provide optimal value for the Alaska
Redistricting Board. Our investment in extensive training, project management, and
regular team collaboration enables us to meet our clients’ needs efficiently and cost‐
effectively. As such, we propose the following hourly rates by title and level of
experience:

Title Rate
Partner $385
Senior Counsel/Associate (eight or more years of experience) $345
Associate (one to seven years of experience) $295
Paralegal $175

We look forward to the prospect of attending the board meetings regularly, as it will help
us provide efficient services and helpful insights into the Alaska Redistricting Board. As
such, we are happy to offer a flat “half day” rate of $1,200 and a “full day” rate of
$2,300.

The above-quoted rates reflect a 15-20% discount off Schwabe’s standard billing rates,
and are offered in recognition of the Board’s status as a public entity and as a
demonstration of our sincere interest in partnering with the Board to assist you as the
Board discharges its constitutional obligation to redraw Alaska’s legislative districts in
the coming year.

Please note that we won’t charge separately for the following value-added services:

• Phone calls, routine copying, Westlaw and Lexis fees


• Staff support for work done by legal assistants
• Schwabe will not charge separately for any travel time, but will charge if
attorneys are working on the matter while in transit
• Regular internal team meetings and collaboration portal for Schwabe team and
client
• Any external costs, such as for airfare or consultants, will be billed at actual cost,
and only after client consultation and approval

Seattle, Vancouver, WA; Portland, Salem, Bend, Eugene, OR; Mountain View, CA; Anchorage, AK | www.schwabe.com 23
Next Steps

Schwabe brings deep experience in the areas important to you as outlined in your RFI,
and we are enthusiastic about discussing ways in which we may be of service to the
Alaska Redistricting Board. Our Anchorage team will be highly responsive and attentive
to your needs, providing you with unparalleled service.

Thank you for your consideration and please feel free to reach out directly to Matt
Singer, who will serve as your lead attorney, with any questions on the above.

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