Austin Rainwater
+1.206.505.4039
Overview
Austin Rainwater is a litigation attorney in Holland & Knight's Seattle office. Mr. Rainwater has more than 15 years of experience representing businesses and individuals in high-stakes litigation, and he has advised institutional clients in diverse areas of law.
Mr. Rainwater has extensive complex litigation experience. His clients have included nationwide retailers, insurers, major aviation manufacturers, private equity firms, insurers and executives of Fortune 500 companies. Mr. Rainwater is well versed in complex business disputes, data privacy class actions, consumer protection class actions, insurance fraud investigations and bad faith claims, intellectual property (IP) and trade secrets disputes, and fiduciary duty litigation.
Mr. Rainwater also has experience advising clients on issues including regulatory compliance, employment-related disputes, product branding and distribution agreements, and insurance coverage disputes.
Prior to joining Holland & Knight, Mr. Rainwater was an attorney at a global law firm in its Seattle office, representing companies in consumer and data privacy class actions. Previously, he was an attorney in the product liability group of the Pacific Northwest's largest law firm, representing aviation and industrial machinery manufacturers in major accidents and disputes.
Representative Experience
- Represented a nationwide clothing retailer in a data privacy class action involving pixels in marketing emails; defeated all claims through a motion to dismiss on the merits
- Represented a nationwide fashion retailer in a data privacy class action involving pixels in marketing emails; defeated class action through a pre-discovery motion to compel individual arbitration
- Represented a healthcare analytics provider in a Telephone Consumer Protection Act (TCPA) class action; obtained a favorable settlement after filing a pre-discovery motion to dismiss on the merits
- Represented a nationwide retailer in a consumer class action alleging false discounts in violation of consumer protection statutes; obtained a favorable resolution with minimal discovery
- Represented a paratransit company in a wage-and-hour class action litigation involving the application of rest and meal breaks; defeated the plaintiffs' motion for class certification and favorably resolved remaining individuals' claims
- Represented grocery store chains in a consumer class action alleging unfair trade practices in connection with pricing of meat products; defeated class action through two early pre-discovery dismissal motions
- Represented a major Pacific Northwest supplement company in a contract and copyright infringement suit; obtained dismissal of all claims on summary judgment and an award of attorneys' fees and sanctions
- Represented the CEO of a Pacific Northwest company in an arbitration dispute over an employment agreement
- Representing the widow of a former CEO of a jewelry company in a dispute over estate and artwork
- Defending a software as a service (SaaS) consulting company in indemnity action seeking to compel client to arbitration; defeated petition to compel arbitration and secured preliminary ruling
- Represented an inventor of an exercise product in an arbitration dispute over patent royalties owed by major exercise equipment manufacturer; secured recovery of past-due and future patent royalty payments
- Represented an aircraft manufacturer in a contract and unjust enrichment lawsuit; won early dismissal of all claims and award of all attorneys' fees incurred defending the matter
- Defended an online real estate company in a lawsuit alleging breach of contract and misappropriation of trade secrets claims
- Represented a landowner in a trespass and property damage dispute involving major repair and reconstruction to private industrial overpass; obtained early recovery of all damages and a significant portion of attorneys' fees prior to litigation
- Defended a payroll services company in a class action litigation involving the application of fees in connection with a paycard product; secured plaintiff's voluntary dismissal of all claims based on strength of early dismissal motion
- Representing a major insurer in a covenant judgment and bad faith lawsuit; uncovered insured's fraud, resulting in rejection of the covenant judgment settlement as unreasonable in its entirety
- Represented a major insurer in a coverage dispute involving covenant judgment and bad faith claims; obtained dismissal of coverage claims on summary judgment and favorable resolution of remaining claims
- Represented a major insurer in a first-party bad faith claim and obtained favorable resolution
- Represented a real estate developer in state securities actions filed by investors in a former project
- Represented former board members and shareholders of a medical technology company in a shareholder action challenging the company's acquisition; secured dismissal of all of plaintiff's claims with prejudice through dismissal motion and summary judgment motion
- Represented an environmental consulting company in an action alleging failure to honor stock option agreements and wrongful termination; in response to early letter threatening counterclaims for trade secret violations, plaintiff agreed to voluntary dismissal of all claims and to pay company's damages and attorneys' fees
- Represented a limited partner relating to the alleged breach of fiduciary duties in connection with the sale of the partnership interest
- Defended an aircraft component manufacturer in an action brought by an aircraft engine manufacturer seeking indemnity for US$88.7 million jury verdict; secured summary judgment dismissal of all claims
- Represented an aircraft manufacturer in litigation arising out of the crash of a flight at a London airport
- Conducted a multi-month internal investigation on behalf of an electronics manufacturer conducted in three countries and involving the application of both foreign and domestic laws
- Defended a fuel control manufacturer in an action arising from a helicopter crash in Brazil; secured summary judgment dismissal of all claims
- Represented an industrial manufacturer in a toxic exposure case involving claims of severe respiratory injury and permanent disability
- Represented a battery manufacturer in an action alleging a battery caused a fire that burned down an office complex; secured voluntary dismissal of all claims after winning discovery motion, resulting in sanctions against plaintiff's counsel
- Defended a trade association in a dental malpractice claim; obtained dismissal of all claims with prejudice through early dismissal motion
- Represented a Pacific Northwest wine manufacturer in an action alleging claims under the Washington Product Liability Act; secured indemnity for all claims against client from component manufacturer
- Defended a major Pacific Northwest manufacturer and landowner in an asbestos matter; won summary judgment dismissal of all claims
- Represented the manufacturer of sewage treatment components in a class action lawsuit involving product liability and Consumer Protection Act claims; secured voluntary dismissal of all claims prior to class certification
- Represented Washington juvenile plaintiffs in a class action to successfully enforce the right to mental health services under the Medicaid Act
- Represented numerous domestic violence survivors to obtain permanent restraining orders and orders for child custody and maintenance in cooperation with a nonprofit legal organization
Credentials
Education
- Cornell Law School, J.D.
- Whitman College, B.A.
Bar Admissions/Licenses
- Oregon
- Washington
Court Admissions
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the District of Oregon
- U.S. Court of Appeals for the Ninth Circuit