Peter R. Day's wide-ranging
experience as a business lawyer, trial lawyer, corporate executive and
university educator make him well-suited to serve as a neutral in nearly any
alternative dispute resolution setting.
He has a broad background as a lawyer with over 35 years of practice, ranging
from trial practice and litigation management to a wide-ranging corporate
practice, with significant experience in construction, intellectual property,
international business, aircraft finance, real estate, and asset sales.
In his role as Chief Counsel for two divisions of The Boeing Company, a
substantial part of his responsibility was cost-effective and prompt dispute
resolution, using negotiation, informal means of alternative dispute resolution,
and formal mediation, arbitration or litigation when necessary. For five years,
including three as Chief Counsel of the Boeing division responsible to
engineering and construction, he had extensive experience as counsel for both
the owner and contractor/subcontractor from the bidding phase through
contracting and claims resolution.
He has taught trial practice to lawyers for 10 years with the National Institute
for Trial Advocacy at the San Diego and Seattle programs, and has also taught
both MBA and undergraduate courses in business law and international law at the
Seattle University Albers School of Business and Economics.
Having studied European Union law in Germany, and received a graduate degree in
management as a Fulbright scholar in France, he is reasonably fluent in both
German and French and has negotiated business transactions in both languages.
INSEAD, Fontainebleau, France
Four-week executive program (Programme Supérieur pour Dirigeants), 2005.
University of Grenoble, France (Fulbright scholar)
Graduate degree (Diplôme d’études supérieures spécialisées), Business
University of the Saar, Germany
Graduate studies in European Union law at the Europa-Institut, 1974-1975.
University of San Francisco
Juris Doctor, 1969.
B.A., Economics, 1966.
Active member: Washington State Bar Association.
Inactive member: State Bar of California
Supreme Court of the United States.
U. S. Circuit Court of Appeals for the 9th Circuit.
U. S. District Court of the Western District of Washington.
Supreme Court of Washington.
Supreme Court of California.
Supreme Court of Ohio.
AAA National Roster of Neutrals.
International Chamber of Commerce, U.S. National Committee.
Institute for Conflict Management.
National Arbitration Forum.
WORK HISTORY & LEGAL EXPERIENCE
Upon graduation from law school, Mr. Day served as a Marine Corps trial lawyer
in Vietnam and Japan, then as Chief Prosecutor and Court-martial Judge at Camp
Pendleton, California. Following release from active duty, he joined the Office
of the District Attorney of San Mateo County, California, where he tried 22 jury
After graduate studies in law in Germany and in business administration as a
Fulbright scholar in France, he joined the legal department of The Boeing
Company, where he enjoyed a 25-year career which included assignments as Chief
Counsel for two division legal departments.
As Chief Counsel for Boeing Computer Services, he established a 10-lawyer legal
department to support a division with annual commercial and government sales
exceeding $200 million, plus legal support to the entire corporation for
computer hardware and software acquisition and sales.
Subsequently, he established a legal department to support a division managing
$2 billion of construction projects, over $1 billion of annual procurement of
machine tools and other goods and services and the company's energy needs,
including natural gas, electricity and co-generation planning. In addition to
claims activity and litigation management, his department was responsible for
all legal issues involving construction bidding and contract negotiations.
As examples of his experience in large, complex transactions, he was lead
counsel for the renegotiation of a five-year $2 billion computer outsourcing
contract, the $100 million divestiture of a fabrication operation, divestiture
of a high technology business with annual revenues of $120 million, and for the
$1 billion sale of the E-3A airborne weapon system (AWACS) to NATO, including
multiple subcontracts with European suppliers.
He has negotiated scores of software licensing and development contracts
(including CAD/CAM), sale and leasing transactions for computer hardware, and
dealt with all aspects of intellectual property law. For nearly three years he
concentrated on aircraft financing transactions, drafting and negotiating
various types of domestic and international debt and equity financings,
including leveraged leasing. He has also dealt with governmental agencies on a
variety of regulatory issues.
Concurrent with his legal career, he remained active in the Marine Corps
reserve, with assignments as a Court-martial Judge and Assistant Legal Advisor
to the U.S. European Command in Stuttgart, Germany. In addition to his legal
assignments, for 3 years he served as Information Systems Officer for an 800
person landing support battalion, responsible for the introduction of PC's into
He is also on the adjunct faculty at the Seattle University Albers School of
Business and Economics, where he has taught business law and international law
at the MBA and undergraduate level.
DISPUTE RESOLUTION TRAINING
Chartered Institute of Arbitrators: Diploma Course in International Commercial
Arbitration, Oxford, England, 2005. (Diploma awarded by examination.)
ICC: PIDA Mock Arbitration under ICC Rules (French language), Paris, 2006.
WIPO: Arbitration Workshop, Geneva, 2006.
Swiss Arbitration Association:
Practice Building Seminar, Annecy, France, 2006 (co-sponsored by the CFA and IAI).
Practice Building Seminar, Badenweiler, Germany, 2005 (co-sponsored by the DIA).
Arbitrator II: Advanced Case Management Issues, Miami, 2006.
Arbitrator I: Fundamentals of the Arbitration Process, San Francisco, 2005.
40-Hour Mediator Skills Training for Court-Based Settlement Program, Seattle,
Using ADR to Resolve Intellectual Property Disputes, Seattle, 2005 – 2006.
Juris Conferences/College of Commercial Arbitrators: Best Practices in
Commercial Arbitration, Washington, D.C., 2007.
International Council for Commercial Arbitration: 18th Congress, Montreal, 2006.
State Bar of California: Debates on Int'l Arbitration - Asia Pacific, San
Construction Dispute Resolution Services, LLC:
Arbitrator Training Course.
Dispute Resolution Board Training Course.
Advanced ADR Training Course.
DISPUTE RESOLUTION EXPERIENCE
As division chief counsel for Boeing’s construction management division, he set
up and managed fully integrated in-house and outside counsel claims teams in the
successful defense of over $200 million in construction claims at minimum cost.
He had overall responsibility for 8 arbitrations involving construction claims
exceeding $100 million. In additional, he personally managed the discovery in
numerous claims, often involving multiple tiers of subcontractors, and
negotiated settlements in most cases.
As counsel he represented a successful claimant in a commercial real estate fee
PUBLICATIONS AND SPEAKING ENGAGEMENTS
“Ethics Update,” Washington State Bar Association
Business Law Section
(2007), Seattle; “New Rules of Professional Conduct,” East King County Bar
Association (2007), Bellevue, WA; “International Arbitration,” Consular
Association of Washington, (2006), Seattle; “Ethics for Corporate Counsel,”
Washington State Bar Association (2006), Seattle; “The New Proposed Rules of
Professional Conduct,” Washington State Bar Association Conference on the Law of
Lawyering (2004), Seattle; "Rights in Inventions," The Departing Employee
(1988), San Francisco; "Software Development Contracts," Pacific Rim Computer
Law Institute (1986), Seattle; "Technology Transfer Agreements," Continuing
Legal Education Society of British Columbia (1985), Vancouver, B.C.;
"Intellectual Property Issues in Software Contracting," International Bar
Association Biennial Conference (1984), Vienna, Austria.
||“Technology Development through Joint Ventures and Alliances.” The
Lawyer’s Brief, April 1988.
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
Washington State Bar Association (Member, Ethics 2003 Committee; Dispute
Resolution Section; Executive Committee, International Law Section).
American Bar Association (International Law and Dispute Resolution Sections).
International Bar Association (Arbitration Section).
King County Bar Association (past Chair, Alternative Dispute Resolution
Fellow, Chartered Institute of Arbitrators, London.
London Court of International Arbitration.