Lane Powell PC

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1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States
Phone: 800.426.5801
Fax: 206.223.7107
Practice Groups
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
See more
Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys
100+ Attorneys

Cashed Cannabis: Required Reports for Amounts Exceeding $10,000

Is your cannabis business ready for an IRS exam? IRS examinations are increasingly focused on IRS Form 8300 reporting requirements. These requirements are the result of USA PATRIOT Act provisions requiring all trades or…more

Filing Requirements, IRS, Marijuana, Marijuana Related Businesses, Patriot Act

See all updates »

Navigating Non-Judicial Foreclosures -- After Bain v. Metropolitan Mortgage Group, Inc., et al.

Originally published in Washington Bankers' Issues & Answers - November/December 2012. In August, the Washington State Supreme Court weighed in on the role of Mortgage Electronic Registration Systems, Inc. (“MERS”) in…more

Deed of Trust, Injunctions, Loans, MERS, Mortgages

See all updates »

New Tax Guidance on Wrongful Imprisonment Damages

At the end of 2015, Congress eliminated some of the uncertainty regarding the tax treatment of damages for wrongful imprisonment. Newly enacted Internal Revenue Code section 139F provides that gross income does not include…more

Damages, False Imprisonment, Income Taxes, Internal Revenue Code (IRC), Punitive Damages

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Not Your Grandmother’s Nursing Home -- Boomers and Obamacare spur a transformation of the growing long-term care industry.

The modern nursing home was born from the Social Security Act, which conditioned payments in a way meant to eliminate state-run “almshouses” serving the elderly poor. Over the following decades, the long-term care sector was…more

Affordable Care Act, Healthcare, Long-Term Care, Nursing Homes

See all updates »

Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel and Former Employees Are Discoverable

In a 5-4 decision, the Washington State Supreme Court ruled that the attorney-client privilege does not shield post-employment communications between corporate counsel and the corporation’s former employees. In Newman v…more

Attorney-Client Privilege, Discovery, WA Supreme Court

See all updates »

Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel and Former Employees Are Discoverable

In a 5-4 decision, the Washington State Supreme Court ruled that the attorney-client privilege does not shield post-employment communications between corporate counsel and the corporation’s former employees. In Newman v…more

Attorney-Client Privilege, Discovery, WA Supreme Court

See all updates »

Transition Planning: Key Steps for a Successful Exit From a Closely Held Business

Executives of closely held and family-owned businesses are often so focused on running their businesses that they do not plan for the inevitable — the transition of ownership and/or leadership. It is not a question of “if ” as…more

Asset Valuations, Closely Held Businesses, Family Businesses, Financial Planning, Risk Management

See all updates »

Is the Washington Legislature Caching Out Noncompete Agreements? How This Change Might Affect Your Ability to Protect Your Business

For tech giants like Microsoft and Amazon, and any number of emerging tech companies, tech professionals are a hot commodity in the state of Washington. No doubt, the competition is fierce here in Seattle and within the greater…more

Former Employee, Non-Compete Agreements, Proposed Legislation, Rebuttable Presumptions, Tech Industry

See all updates »

Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail Wholesale v. Hewlett-Packard (January 19, 2017)

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s high…more

Business Conduct Standards, Code of Conduct, Hewlett-Packard, SEC, Securities Exchange Act

See all updates »

Seattle Secure Scheduling Ordinance Checklist - What You Need to Know

Final rules for the Seattle Secure Scheduling Ordinance were published on April 13 by the City of Seattle’s Office of Labor Standards (OLS). Although the Scheduling Ordinance and Final Rules will dramatically change how covered…more

Covered Employee, Covered Employer, Labor Standards Enforcement, Local Ordinance, NAICS

See all updates »

OCR’s 2016 Ransomware ‘Guidance’: A Health Care Provider’s New Best Friend?

Background on Ransomware Attacks - Doomsday-esque ransomware scenarios are having an increasing impact on the health care industry, becoming commonplace in 2016. Security experts and the media have reported that health…more

Cyber Attacks, Electronic Protected Health Information (ePHI), Health Care Providers, Healthcare, HHS

See all updates »

Executive Order on Immigration and Travel Restrictions – Suspended

UPDATE: In a landmark decision on February 9, 2017, the Ninth Circuit Court of Appeals halted the Executive Order travel ban imposed on persons from predominantly-Muslim countries. The Court upheld the temporary restraining…more

DHS, Executive Orders, Foreign Nationals, Green Cards, Immigrants

See all updates »

Are Transitory Signals Patent-eligible?

Computer software patents have been receiving significant upset overturn in validity since the well-known U.S. Supreme Court decision providing certain exceptions to patent eligible subject matter under 35 U.S.C. § 101, Alice…more

Abstract Ideas, CLS Bank v Alice Corp, Electronic Data Transmissions, Google, Motion for Summary Judgment

See all updates »

The Polyjuice Potion Is the Worst Prescription When Branding Marijuana Businesses: Lessons Learned From In re Morgan Brown

The recent Trademark Trial and Appeal Board (TTAB) decision, In re Morgan Brown, (Herbal Access) denied registration for the Herbal Access mark for a retail store legally selling marijuana products in Washington state. The…more

Deceptively Misdescriptive, Marijuana, Marijuana Related Businesses, Trademark Application, Trademark Trial and Appeal Board

See all updates »

Omnicare, Inc., One Year Later: Its Salutary Impact on Securities-Fraud Class Actions in the Lower Federal Courts

Just over a year ago, on March 24, 2015, the U.S. Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund. Omnicare held that a statement of opinion is only false under…more

Class Action, False Statements, Misleading Statements, Omnicare v Laborers District Council, Section 11

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Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers

Long Term Care Provider Data Targeted and Held Hostage by Malicious Software - Long Term Care (LTC) facilities are increasingly targeted by criminals who seek to profit by infecting LTC computer systems with ransomware. …more

HIPAA, HIPAA Audits, Long-Term Care, Ransomware

See all updates »

Before You Subscribe: Cannabis Investor Education

WITH ANY BUSINESS OPPORTUNITY COMES RISK AND THE CANNABIS industry is no different. Cannabis investors need to consider whether the potential recipient of their investment dollars has sufficient liquidity and access to capital,…more

Asset Seizure, Banking Restrictions, Brand, Business Opportunities, Cash Transactions

See all updates »

The Heat of the Moment: When Inking That Big Deal, Make Sure Dispute Resolution Provisions Are on Your Checklist

The strength of the Seattle area economy has been attracting both national and international attention. The bird that is synonymous with economic activity — the construction crane — is visible from downtown to South Lake Union…more

Arbitration, Construction Contracts, Construction Industry, Contract Drafting, Contract Negotiations

See all updates »

Federal Court Dismisses Insurance Fair Conduct Act Claims

In a rare victory for insurers, the U.S. District Court for the Eastern District of Washington dismissed Insurance Fair Conduct Act (IFCA) claims against Evanston Insurance Company. Washington’s IFCA provides a statutory cause…more

Attorney Malpractice, Denial of Insurance Coverage, IFCA, Insurance Litigation, Malpractice Insurance

See all updates »

Be Aware: Washington DOR Forming Unit to Enforce New B&O Tax on Out-of-State Wholesalers

New Washington legislation expands the state’s B&O tax to wholesalers and imposes a click-through nexus provision for online retailers. As a result, the Department of Revenue is forming a tax discovery unit to enforce the new…more

B&O Tax, Click-Through Nexus, Department of Revenue, Economic Presence Nexus, Internet Retailers

See all updates »

Title VII and Islamophobia: Maintaining Compliance

Over The Past Decade, There Has Been An Increase In Islamophobia perpetuated by negative stereotypes resulting in bias, discrimination and marginalization. That presents an issue to which all employers must be sensitive…more

Abercrombie & Fitch, Civil Rights Act, Disparate Treatment, EEOC, Hiring & Firing

See all updates »

Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan…more

Attorney's Fees, Boilerplate Language, Borrowers, Contract Drafting, Lenders

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Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers

Long Term Care Provider Data Targeted and Held Hostage by Malicious Software - Long Term Care (LTC) facilities are increasingly targeted by criminals who seek to profit by infecting LTC computer systems with ransomware. …more

HIPAA, HIPAA Audits, Long-Term Care, Ransomware

See all updates »

Tips to Help Avoid Class Action Litigation

Taking advantage of recent case law developments can assist financial institution employers in avoiding and/or minimizing their exposure to class and collective action litigation. For example, courts have become increasingly…more

Arbitration, Arbitration Agreements, Banks, Class Action, Collective Actions

See all updates »

Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

See all updates »

Reward v. Risk - Advantages and Disadvantages of Courting Strategic Investors.

Venture-backed companies often have the opportunity to accept an investment from a strategic investor. These opportunities typically come in later financing rounds after the company already has one or more venture capital (i.e.,…more

Competition, Equity Investors, Investors, ROI, Valuation

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Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster

Reviving dead or moth-balled projects presents risks and rewards. The rewards include a shorter ramp-up period. The risks include the revival of claims akin to the unintended creation of a Frankenstein monster. But those risks…more

Construction Contracts, Construction Loans, Mortgages

See all updates »

What Explains Plaintiffs’ Post-Morrison Preference for the Third Circuit in Securities Filings Involving Overseas Parties or Conduct?

In monitoring securities cases filed around the country, I like to keep an eye out for regional trends. Historically, plaintiffs’ counsel respected the company defendant’s forum, filing in the federal court closest to the…more

Appeals, Corporate Counsel, Extraterritoriality Rules, Morrison v National Australia Bank, SCOTUS

See all updates »

Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel and Former Employees Are Discoverable

In a 5-4 decision, the Washington State Supreme Court ruled that the attorney-client privilege does not shield post-employment communications between corporate counsel and the corporation’s former employees. In Newman v…more

Attorney-Client Privilege, Discovery, WA Supreme Court

See all updates »

Seattle Secure Scheduling Ordinance Checklist - What You Need to Know

Final rules for the Seattle Secure Scheduling Ordinance were published on April 13 by the City of Seattle’s Office of Labor Standards (OLS). Although the Scheduling Ordinance and Final Rules will dramatically change how covered…more

Covered Employee, Covered Employer, Labor Standards Enforcement, Local Ordinance, NAICS

See all updates »

Oregon Court of Appeals Issues Decision Interpreting Antifraud Provisions of Oregon Securities Law

On February 11, the Oregon Court of Appeals issued an important decision interpreting the antifraud provisions of the Oregon Securities Law. The Court of Appeals held that ORS 59.137, which governs the private right of action…more

Fraud-on-the-Market, Pleadings, Scienter, Securities Fraud

See all updates »

Chaos Theory, the Butterfly Effect and One More Banking Hurdle?

Oregon Gov. Kate Brown recently signed into law Senate Bill 863. The bill attracted bi-partisan support as it moved through the legislature and is well intended. The bill protects consumer names, addresses and other personally…more

Data Collection, Data Privacy, Marijuana, Marijuana Related Businesses, Personally Identifiable Information

See all updates »

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption Defense

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The decision,…more

Airports, Appeals, Aviation Industry, Fair Pay and Safe Workplaces, Preemption

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Living Next Door to Alice

Those who practice patent law in the computer arts before the USPTO are well aware of dealing with 35 U.S.C. § 101 rejections of claims due to alleged lack of patentable subject matter when claiming so-called “abstract ideas.”…more

Abstract Ideas, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter

See all updates »

The State of Domain Names

The World Intellectual Property Office (WIPO) has released its 2016 Uniform Dispute Resolution Proceedings (UDRP) statistics. The overall number of new cases increased by 10 percent over the previous year. WIPO indicates that…more

Domain Names, gTLD, Trademark Ownership, Trademarks, UDRP

See all updates »

Be Aware: Washington DOR Forming Unit to Enforce New B&O Tax on Out-of-State Wholesalers

New Washington legislation expands the state’s B&O tax to wholesalers and imposes a click-through nexus provision for online retailers. As a result, the Department of Revenue is forming a tax discovery unit to enforce the new…more

B&O Tax, Click-Through Nexus, Department of Revenue, Economic Presence Nexus, Internet Retailers

See all updates »

New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

See all updates »

Dr. Colleen Delaney and Fred Hutch: Bringing cord stem cell discoveries to the marketplace.

The statistics are sobering. Every three minutes, someone in the United States is diagnosed with leukemia, lymphoma or another form of blood cancer. And every nine minutes, someone dies of blood cancer, according to the Leukemia…more

Life Sciences, Research and Development, Stem cells

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Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321 –…more

Collateral, Fishing Industry, Hunting & Fishing Licenses, Liens, Maritime Transport

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A Prescription for Large Development Projects in 2015: Perseverance!

Large development projects are not for the faint of heart. They test a multitude of resources, including patience, economic capital, the ability to compromise, acumen, creativity, and probably most of all, one’s sanity. There…more

Real Estate Development, Real Estate Market

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Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more

DOJ, Elder Issues, Fraud, Government Investigations, Long Term Care Facilities

See all updates »

Do You Know Where Your Data Went? Best Practices for Preserving Electronically Stored Information

A federal judge in Illinois recently ordered a large pharmaceutical company to pay nearly $1 million because when the business was sued, it failed to remind its sales representatives to preserve text messages. Last year, a…more

Data Protection, Electronic Evidence, Electronically Stored Information, Mobile Devices, Pharmaceutical Industry

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Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim for…more

ALJ, LHWCA, Longshoremen, Mental Health, PTSD

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New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

See all updates »

What Employers Need to Know NOW About Washington State’s Minimum Wage and Paid Sick Leave Laws

Elections matter for employers in Washington. Although the November election results have not yet been certified, Washington voters appear to have passed Initiative 1433, the ballot measure requiring paid sick leave and…more

Ballot Measures, Minimum Wage, Paid Leave, Paid Sick Leave Act, Sick Leave

See all updates »

Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

See all updates »

Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,…more

Contaminated Properties, Encroachments, Flood Zones, Investors, Land Titles

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The Dot-com Era Is Over, Welcome to .Anything

For both new and existing businesses, new generic top-level domains (gTLDs) offer increased flexibility and opportunities for an expanded online presence. A gTLD is the part of a web address that comes after the “dot” (“.”)…more

Domain Names, gTLD, ICANN, Trademark Application, Trademark Registration

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Building a Valuable Patent Family Using the Technique of Functional Deconstruction

There are several advantages to pursing protection for a key innovation in the form of a “family” of patents and pending patent applications. These include the possibility of obtaining protection in the form of claims covering…more

Innovation, Intellectual Property Protection, Inventions, Patent Applications, Patent Portfolios

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Private Foundations: Taking Them Beyond Checkbook Philanthropy

Today, we are seeing more sophisticated inquiries by founders of private foundations in line with the discussions surrounding social impact investing. For many years, high-net-worth individuals have used the same formula to set…more

Mission Related Investments (MRIs), Philanthropy, Private Foundations, Program Related Investments (PRIs)

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Deciphering Smoke Signals — FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry

Synopsis: Dual-use cannabis consumption products and their off-label uses may cause those products to fall within the new FDA rules governing tobacco products. Manufacturers and retailers of vape pens and atomizers…more

E-Cigarettes, FDA, Marijuana, Off-Label Use, Tobacco

See all updates »

Navigating Environmental Regulations: Tips for Staying in Compliance

Our state’s ever-changing regulatory environment makes it hard to stay on the right side of the law. Here are some simple steps to help keep your business in compliance: 1. Ignorance Is Not Bliss. Take time to research…more

Best Management Practices, Environmental Policies, Manufacturers, Waste Disposal

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USCIS Suspends Premium Processing for H-1B Filings

On Friday, March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of the premium processing option for all H-1B petitions filed on or after April 3, 2017. This suspension includes…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Immigration Reform

See all updates »

Best Practices for Best Employers: How to Become a Best Workplace Starting Today! - August 2015

Top 5 Legal Developments Every Employer Needs to Know Now - Laws affecting employers are changing faster than ever. If you don’t keep up, you can get burned. Here are a few of the most recent big changes every employer…more

See all updates »

New DOL “White Collar” Overtime Rule Blocked by Federal Court

On November 22, a federal judge in Texas issued a nationwide preliminary injunction against the Department of Labor’s (DOL) new overtime rule. The rule was scheduled to take effect on December 1. The court’s order prohibits the…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

Corporate Responsibility: Friedman vs. Porter and the Trend Toward Shared Value

On September 13, 1970, The New York Times published an oped by University of Chicago Professor Milton Friedman that provided the intellectual framework for a profound shift in American corporate governance. The article,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, Corporate Social Responsibility

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Is the Issue of Whether Pilots Are ‘Professionals’ for Purposes of Wage and Hour Laws Still up in the Air? You May Be Surprised at How This Alaska Ruling Could Affect All Employers.

In a recent decision, the Alaska Supreme Court held that a pilot was not an exempt professional under the Alaska Wage and Hour Act, which is patterned after the federal Fair Labor Standards Act. Although decided under Alaska law…more

Exempt-Employees, FLSA, Pilots, Unpaid Overtime, Wage and Hour

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Managing litigation costs with risk-based budgets -- Connecting price to value

Many say the Great Recession following the 2008 financial crisis has caused a “Great Reset” to the “New Normal.” This country has seen the need to rebuild its middle class by educating its workers with the skills needed to…more

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Online Contests: Make Them Effective by Simplifying the Mechanics

Any good marketing department can tell you that easy-tounderstand contest mechanics are the working engine of an effective online contest. Recently, we have noticed a concerning trend online: Businesses often try to do too much…more

Contests & Promotions, Marketing, Social Networks, Websites

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Energy Efficient Buildings: It’s the Law (and a Good Idea Too)

Energy efficiency and sustainable building development and management are no longer viewed as a novel but impractical concept, or something only environmentalists long for. Improving existing buildings and constructing new…more

Energy Efficiency, Green Buildings

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ERISA: US Supreme Court Grapples with the Church Plan Exemption — Early Analysis

When does the “church plan exemption” apply? You already know that under the “church plan” exemption, Church plans do not have to comply with ERISA, including the requirements to fund a plan and pay Pension Benefit Guaranty…more

Advocate Health Care v Stapleton, Affiliates, Church Plans, ERISA, Exemptions

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My Business Was Hit With a Class Action! What Do I Do?

You may think that class action litigation is the legal problem of large companies, but even small mom-and-pop businesses can become targets for this type of litigation. The concerns could be wage related or accessibility…more

Campbell Ewald v Gomez, Class Action, Class Certification, Litigation Strategies, SCOTUS

See all updates »

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy policy…more

COPPA, Data Collection, Data Privacy, Data Protection, Data Retention

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New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain…more

Financial Institutions, Power of Attorney

See all updates »

Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more

DOJ, Elder Issues, Fraud, Government Investigations, Long Term Care Facilities

See all updates »

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly when…more

C-Suite Executives, Cybersecurity, Outside Counsel, Strategic Planning

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Copyright and Compliance for All: 10 Business Resolutions to Increase Copyright Success and Security in 2017

Does your business run and maintain a website? Does it create or license website or other content? Does it run and implement software? If you’ve answered yes to these questions, but haven’t yet considered the importance of…more

Copyright, Copyright Infringement, DMCA, Internet Service Providers (ISPs), Popular

See all updates »

Anatomy of a Public-Private Partnership

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a number…more

Decision-Making Process, Memorandum of Understanding, Negotiations, Project Finance, Public Private Partnerships (P3s)

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The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift

The U.S. Drug Enforcement Agency (DEA)’s recent decision declining to reschedule cannabis is a step bridging the national discussion — a step toward a possible agreement on medical cannabis through scientific research. The…more

Controlled Substances Act, DEA, Drug & Alcohol Abuse, Federal v State Law Application, HHS

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How the New Washington Trust Act and its 2013 Amendments Affect You and Your Clients - December 2013

In 2011, the legislature adopted a new Washington Trust Act (the “2011 Act”). The 2011 Act took effect on January 1, 2012, and codified many changes to the duties of trustees and the rights of trust beneficiaries. Within 18…more

Beneficiaries, Trustees, Trusts

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What Employers Need to Know NOW About Washington State’s Minimum Wage and Paid Sick Leave Laws

Elections matter for employers in Washington. Although the November election results have not yet been certified, Washington voters appear to have passed Initiative 1433, the ballot measure requiring paid sick leave and…more

Ballot Measures, Minimum Wage, Paid Leave, Paid Sick Leave Act, Sick Leave

See all updates »

Wild Introgressions: The Tomato Genome’s Impact on Plant Patenting and Trademark Branding Prospects

Diana Kennedy, an intrepid chronicler of Mexican cuisine, describes cuatomates as “very small cherry tomatoes with an intense flavor and enormous amount of tiny seeds.” A potently flavored, tiny green tomatillo variety “grows…more

Genetically Engineered Seed, Patents, Plant Patents, Plant Trademarks, Trade Secrets

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OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address…more

Dispensaries, Inventory, Licenses, Liquor, Marijuana

See all updates »

Washington Supreme Court Holds That Punitive Damages May Be Awarded to a Seaman Under a General Maritime Law Unseaworthiness Claim

On March 9, the Washington State Supreme Court issued an opinion confirming the types of damages available to a plaintiff under a general maritime unseaworthiness claim, specifically determining that punitive damages are…more

Jones Act, Negligence, Punitive Damages, WA Supreme Court, Workplace Injury

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Supporting Startups Will the JOBS Act expand the crowdfunding crowd?

Congress’s passage last year of the popular and bipartisan Jumpstart Our Business Startups (JOBS) Act was met with expectations of imminent and fundamental changes to the financing environment for early-stage businesses. Those…more

Crowdfunding, Investors, JOBS Act, SEC, Startups

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New DOL “White Collar” Overtime Rule Blocked by Federal Court

On November 22, a federal judge in Texas issued a nationwide preliminary injunction against the Department of Labor’s (DOL) new overtime rule. The rule was scheduled to take effect on December 1. The court’s order prohibits the…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

Cannabis Trademark Strategy in Jeopardy

The Trademark Trial and Appeal Board of the U.S. Trademark Office (TTAB) just rejected a popular strategy for protecting cannabis-related marks at the federal level. Many forward-thinking cannabis businesses have applied to…more

Controlled Substances Act, Federal Crimes, Illegal Activity, Marijuana, Marijuana Related Businesses

See all updates »

My Business Was Hit With a Class Action! What Do I Do?

You may think that class action litigation is the legal problem of large companies, but even small mom-and-pop businesses can become targets for this type of litigation. The concerns could be wage related or accessibility…more

Campbell Ewald v Gomez, Class Action, Class Certification, Litigation Strategies, SCOTUS

See all updates »

Keeping It Confidential: How to Build a Better Nondisclosure Agreement

One misconception is that NDAs must contain certain exclusions as to what constitutes confidential information. Although these exclusions commonly appear in most forms of NDA’s, no law or rule requires they be part of the…more

Confidential Information, Trade Secrets

See all updates »

Recent Deed of Trust Act Cases Pose New Challenges

In 2013, Washington courts issued several decisions impacting the way banks, loan servicing companies, foreclosure trustees and other industry participants must approach claims arising out of nonjudicial foreclosure proceedings…more

Deed of Trust, Foreclosure, Mortgages

See all updates »

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