Judith A. Endejan
ADDITIONAL practice emphasis
Public Utilities (Telecommunications, Energy), Employment, Administrative Law, Communications/Media
BAR ADMISSIONS
Washington, 1980; Oregon, 2007; California, 1993
______________________________________________________________________For over two decades, Judy has served communications-related clients after working as a professional journalist. Her background is a unique blend of private practice and in-house experience. She has assisted media clients on a variety of content and newsgathering issues and has litigated public records and access cases. During 2006, Judy took off a year from private practice and worked as General Counsel for Fisher Communications, Inc., a major Northwest broadcast corporation. She has been recognized as a top lawyer in her fields by Seattle Magazine (2007), Seattle Met Magazine (2010), and Super Lawyer Magazine (2011). Judy also spent ten years with GTE Corporation (now Verizon) in the Northwest and California. During that time she acquired substantial experience in public utility regulation and administrative law.
Judy has significant experience counseling clients on legal matters central to their businesses, such as commercial contracts, employment issues, and intellectual property matters. This counsel has involved preparation of, or negotiation of, complex commercial agreements such as interconnection, retransmission consent, program rights, affiliation agreements, and licensing agreements. She has written many types of employment agreements and has advised on employment law compliance and litigation. Judy has adapted to the changing needs of communications clients due to recent internet-based technological advances. She has produced privacy policies and terms of use agreements and addressed advertising and content issues associated with Web sites.
Judy is a frequent speaker at meetings, conferences and Continuing Legal Education seminars and has published in the area of communications law. Most recently, she wrote two chapters for the “Public Records Act Deskbook” published by the Washington State Bar Association in 2006.
REPRESENTATIVE MATTERS
Judy has broad experience litigating communications issues before state and federal courts and administrative agencies.
Media
Obtained summary judgment for radio broadcast company sued for defamation for remards made by callers to a radio talk show about an endorser of a local political candidate. This was affirmed on appeal by the Washington Court of Appeals.
Brecht v. Fisher Communications, Inc., 160 Wn. App. 1040, 2011 WL 1120506, 39 Media L. Rep. (2011).
Represented a daily newspaper in successfully unsealing court records that allowed a major investigative piece to be published regarding securities fraud at a local high-tech firm. In a 9-0 opinion, the Washington State Supreme Court laid out a stringent test for sealing court records in civil cases, strongly affirming the Washington constitutional right of access to justice.
Dreiling v. Jain, 151 Wn.2d 900, 93 P. 3d 861 (2004).
Obtained summary judgment in favor of a local alternative weekly newspaper that had been sued for reporting on a sexual harassment lawsuit instituted by the plaintiff against Peter Nordstrom and Nordstrom, Inc. The newspaper quoted a company spokesperson as describing the lawsuit as baseless and nothing but “an attempt at extortion.” The Superior Court dismissed the defamation and invasion of privacy claims on summary judgment, which was affirmed by the Washington Court of Appeals. Pinney v. Nordstrom, 124 Wn. App. 1019 (2004).
Obtained an order from the Pierce County Superior Court requiring the City of Tacoma to release date of birth information with respect to municipal employees on behalf of a local television station. The City had withheld the information, the subject of a station Public Records Act request, on the basis of employee privacy. Attorneys’ fees were awarded. KIRO V. City of Tacoma, (Pierce County Cause No. 03-2-10567-3).
Telecommunications
Represented a national wireless company in merger review proceeding for two local exchange companies and obtained favorable results in final regulatory order. Joint Application of Qwest Communications International, Inc. and CenturyTel, Inc. for approval of control of Qwest Corporation, Qwest Communications Company LLC, and Qwest LD Corp. (WUTC Docket No. UT-100820 (2011)).
Represented the first cellular company in Washington (and nationwide) to achieve eligible telecommunications status (“ETC”), which entitles the holder to eligibility for federal universal service funds, by obtaining an order from the Washington Utilities and Transportation Commission (WUTC). Its decision was affirmed by the Washington Court of Appeals and the Washington Supreme Court. WITA v. WUTC, 149 Wn. 2d 17, 65 P. 3d 319 (2003).
Obtained a waiver of a new WUTC line extension requirement for a major telephone company that would have required the company to provide service to potential customers in a remote area of eastern Washington at an estimated cost of $1.2 million.
In the Matter of the Petition of Verizon Northwest, Inc. for Waiver of WAC 480-120-071 (2)(a), (WUTC Docket No. UT-011439).
Represented a major telephone company in challenging, pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 253, lengthy, over-burdensome telecommunications ordinances enacted by four Washington cities. The Ninth Circuit held that the ordinances in question were invalid because their combined effect might prohibit the provision of telecommunications services. City of Auburn v. Qwest, 260 F. 3d 1160 (9th Cir. 2001).
Represented a major telephone company in a full rate case, that was successfully settled in the first quarter of 2005, involving administrative discovery, motions, witness testimony preparation and the conduct of a three-day evidentiary hearing on the company’s request for interim rate relief. WUTC v. Verizon Northwest, Inc., (WUTC Docket No. 040788).
Represented the phone unit of a national cable company in fully mitigating penalties assessed by the WUTC for failure to comply with a new service quality reporting rule.
In the Matter of Comcast Phone of Washington, LLC, (WUTC Docket No. UT-031459).
ENERGY
Represented a major northwest company in an ongoing Bonneville Power administration rate case currently on appeal at the Ninth Circuit.
PROFESSIONAL & COMMUNITY ACTIVITIES
Current member, Board of Directors, Puget Sound Public Radio/KUOW, Seattle, WA
Co-chair, Women in Communications Law Committee of the ABA Forum on Communications Law
Member, Federal Communications Bar Association
Member, Media Law Resource Center
Member, ABA Forum on Communications Law; ABA Sections of Labor & Employment Law, and Public Utility, Communications and Transportation Law
Member, American Bar Association; California, Oregon, and Washington Bar Associations
Founding Member and past Secretary-Treasurer, Washington Coalition for Open Government
Chapter Representative, Executive Committee, Steering Committee, Pacific Northwest Chapter, Federal Communications Bar Association
Member of Board of Directors, The Bridges Theatre of Seattle
Advisory Board Member, Center for Law Commerce and Technology, University of Washington School of Law
Member of Board of Directors, Washington Appleseed
Chair, Executive Committee, Law and Media Committee, Washington State Bar Association
Chair, Administrative Law Section, Washington State Bar Association
RECOGNITION
Selected for membership in Fellows of American Bar Foundation
Seattle Business Monthly, Seattle’s 90 Top Business Lawyers, 2007
Seattle Magazine, Seattle’s 155 Top Lawyers, 2007
Seattle Met Magazine, Top Lawyers, 2010
Washington Law & Politics, “Super Lawyer,” 2002 - 2003, 2005, 2011
Federal Communications Bar Association, Distinguished Service Award, 2000-2001
GTE Lawyer of the Year, 1990, 1995
Martindale Hubbell, “Best Lawyers in America,” 2008-2011
AV - Rated Martindale Hubbell
EDUCATION
J.D., summa cum laude, Order of the Coif, University of Wisconsin-Madison, 1979
B.A., cum laude, Journalism, University of Wisconsin-Madison, 1975; Phi Beta Kappa, Phi Kappa Phi
