Heath Hyatt is Of Counsel who represents plaintiffs and defendants in complex commercial disputes in state and federal courts and in arbitration. His work includes breach of contract litigation, trade secret misappropriation, copyright and trademark disputes, unfair competition, employment-related claims, bankruptcy-adjacent litigation, and other business disputes. Heath handles matters at every stage of litigation, from pre-suit strategy through trial and appeal, and he also advises clients in connection with internal investigations and compliance efforts.

Heath has substantial experience litigating intellectual property disputes, particularly matters involving trade secrets and copyright. His work includes serving as a key member of teams that secured dismissal of a $250 million copyright claim, arguing a winning motion for summary judgment, and helping obtain a permanent injunction and a $6 million attorneys’ fee award against individuals who misappropriated industry-changing trade secrets. Heath is a co-author of “Four Keys to Litigating a Modern Trade Secret Case,” published in the Litigation Journal of the American Bar Association.

In addition to his commercial and IP work, Heath has represented clients in significant business and public law matters. His experience includes obtaining summary judgment to prevent a client’s multimillion‑dollar award from being discharged in bankruptcy and securing dismissal of defamation and related tort claims in a ruling affirmed on appeal. Heath has also represented clients in voting rights and election-related litigation nationwide, including matters involving election procedures, mail-in voting, and challenges arising from efforts to overturn election results, and he advises campaigns on recounts, election-day preparation, and campaign finance compliance.

Heath maintains an active pro bono practice focused on constitutional rights. He led a team of lawyers, in collaboration with the American Civil Liberties Union, in successfully invalidating a discriminatory federal immigration policy and managing and arguing the winning motion for summary judgment. He has also helped secure preliminary injunctive relief to prevent excessive force against peaceful protesters and assists clients with immigration-related matters.

Representative Experience

Trade Secrets

• A technology and intellectual property company Counsel for a technology and intellectual property company in a successful trade secret dispute against former employees working in the client’s advanced physics laboratory. After a three-week arbitration, the arbitrator ruled in the client’s favor on the misappropriation of trade secrets and breaches of contract and awarded the client injunctive relief and $6.7 million in attorneys’ fees.

Business Torts

• A nonprofit organization Washington Superior Court (King County) Counsel representing defendant in a defamation case. All claims dismissed at motion to dismiss stage and later re-dismissed a second time. Affirmed on appeal.

Copyright and Trademark

• A trading card and game manufacturer U.S. District Court for the Western District of Washington Complete summary judgment victory dismissing a claim of $250 million in damages, alleging various claims of misappropriation and copyright infringement relating to a trading card game. Heath argued the successful summary judgment motion that dismissed the client from the case.
• A visual artist U.S. District Court for the Western District of Washington Complete summary judgment victory, holding that the client was sole author and copyright owner of certain paintings and awarding attorneys’ fees of $1.6 million. Affirmed on appeal.

Real Estate

• A commercial tenant and guarantor New York Supreme Court (New York County) Counsel representing the tenant and guarantor in dispute against the landlord concerning lease exit and alleged breaches of guaranty.

Good Government Work

• Protecting access to health data U.S. District Court for the Western District of Washington Represented a dozen health care policy and advocacy groups in lawsuit challenging the widespread and indiscriminate removal of federal health data, research, and information from government websites.

Pro Bono Cases

• A civil rights organization and individual plaintiffs U.S. District Court for the Western District of Washington Counsel representing plaintiffs challenging the City of Seattle’s use of force against demonstrators protesting police violence. Successfully obtained a temporary restraining order restricting the use of force, which was later converted to a preliminary injunction. The case received widespread coverage in The Seattle Times and Law360.

• Individual plaintiffs challenging federal executive action U.S. District Court for the Western District of Washington Summary judgment victory declaring a secretive government program targeting Muslims applying for immigration benefits was “arbitrary and capricious” and violated the Administrative Procedure Act. Heath argued the successful summary judgment motion.