Lane Powell PC

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Barry Abbott

Five Legal Topics for Washington Bankers to Consider This Fall

Summer vacations are over, and now bank management and directors need to focus on compliance. Below are five current legal topics that Washington bankers should be considering this fall. 1. Loans Secured by Residential…more

Ability-to-Repay, Banks, CFPB, Compliance, Enforcement Actions

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Heidi C. Anderson

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

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Jeremy Babener

Three Common Questions Asked by Advisors of Non-Filing Taxpayers

Lawyers in every area run into clients who admit that they have not filed their tax returns. Among the many questions raised by this information are the following three, which come up nearly every time. This outline gives…more

Attorney-Client Privilege, Confidential Information, Income Taxes, IRS, Penalties

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Kara Backus

Healthcare Reform in 2014 and Beyond - What individuals and employers can expect

We have entered a critical year for healthcare reform, as this is the year in which many of the requirements of the Affordable Care Act (“ACA”), or “Obamacare,” go into effect. Many of us are still holding our breath to see how…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Healthcare Reform

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Gabriel Baker

6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before…more

Delta Airlines, Evidence, MetLife, Vocational Experts

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Jonathon Bashford

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

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Randall P. Beighle

Practical Tips for Lenders: Navigating the Gauntlet of Government-Guaranteed Loans

Government-guaranteed loans have long assisted lenders by bolstering private credit structures where lenders may otherwise hesitate to extend credit. For instance, in 2011 the United States Department of Agriculture’s Rural…more

Government-Guaranteed Loans, Lenders, Loans, SBA

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A. Jeffery Bird

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

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Katheryn Bradley

Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?

One option is wellness programs, which provide employees with incentives to engage in healthy behaviors. These programs have spread in both size and importance. According to one survey, 68 percent of employers provided employees…more

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Joanna Brody

The Need for ‘Hire’ Education: Rules to Follow Regarding Background Checks

Background checks are a vital tool used to avoid hiring problem employees and can help limit a company’s potential liability. With more than 65 million people in the United States having been arrested or convicted of crimes, and…more

Background Checks, Compliance, Criminal Background Checks, EEOC, Hiring & Firing

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Diane M. Butler

H-1B Lottery: How Will it Work if the Quota is Filled?

April 1, 2014, is the first day USCIS will accept H-1B petitions for quota/cap-subject cases for FY 2015, commencing October 1, 2014. Only 65,000 H-1Bs are available nationwide per year for new jobs for foreign workers…more

H-1B, Quotas, USCIS, Visa Caps, Visas

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June Campbell

Observations of a Volunteer Tax Preparer

From the end of January through mid-April of 2013, I volunteered with the United Way tax program providing free federal income tax preparation. Meeting with low to moderate income taxpayers, and preparing and reviewing hundreds…more

Income Taxes, Tax Preparers

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Claire Davis

Public Companies, Beware! Safe Harbor Protection Requires Thoughtful Warnings and a Sophisticated Defense

Public companies around the country labor under the misunderstanding that the Private Securities Litigation Reform Act’s “Safe Harbor” provision protects them from liability for publicly announced earnings guidance and other…more

Compliance, Employer Liability Issues, PSLRA, Safe Harbors

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Julianne Davis

How to Get the Best Advice From Your Outside Counsel - From Someone Who Has Been on the Inside

In-house lawyers rely heavily on their outside counsel to give them legal advice that is concise, clear and up to the minute, making the relationship one of great importance. Indeed, it is outside counsel’s job to do his or her…more

Corporate Counsel, Outside Counsel

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Craig Day

2013 Revisited: It Was an Interesting Year for Health Care, but not for the Reasons You Would Expect

The coming year was supposed to be the year when two of health care reform’s most critical provisions, the employer and individual mandates, took effect. But employers who were busily preparing for the January 1, 2014, deadline…more

Affordable Care Act, Employee Benefits, Healthcare, Healthcare Reform, Marriage

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Brian DeFoe

Three Years Later: Dodd-Frank and Those too Small to Succeed

Much can happen in three years. For example, the earth travels around the sun three times — roughly 17.7 billion miles — in that span. That is an impressive feat. Somewhat less impressive: your average hamster reaches old age in…more

Banks, Community Banks, Dodd-Frank

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Grant Degginger

Agenda Setting - Olympia’s new faces must address transportation infrastructure funding

January brings many new faces to Olympia. A new governor and an unusually large number of new members in the State House of Representatives and State Senate who have both volunteered and been elected to assume the mantle of…more

Budget Reconciliation, Financing, Infrastructure

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Susan Eggum

Recent Court Decisions Shine a Renewed Light on the Desirability of Employee Arbitration Agreements

Some employers have embraced the use of employment arbitration agreements as a way to manage and mitigate the rising costs, risks and liabilities associated with employment-related claims. Historically, employment arbitration…more

Arbitration, Arbitration Agreements, Employer Liability Issues

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Charles Ekberg

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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Rudy Englund

Class Action Litigation -- Helping your business avoid or minimize the risk of exposure

A couple of novel tools are becoming increasingly available under Washington state and federal law, enabling businesses to reduce exposure to class and/or collective action litigation. Specifically, courts are more likely to…more

Arbitration Agreements, Class Action, Collective Actions, Enforcement, FLSA

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Gregory Fox

Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust

The Deed of Trust Act generally bars a lender from seeking a deficiency judgment against a borrower following nonjudicial foreclosure of a deed of trust securing the borrower's loan. The Act contains some exceptions in the case…more

Deed of Trust, Foreclosure, Mortgages

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Vern Francissen

The All-Important Patent Portfolio - How patents can protect your business and help it grow

Whether a company has existed for a hundred years or is just starting out, patents can be a core strategic asset. Patents are a barrier to entry for competitors. For established companies, patents protect product lines from…more

Business Development, Patent Portfolios, Patents

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Patrick Franke

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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Andrew Gabel

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

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Douglas W. Greene

D&O Discourse Authors Davis and Greene to File Amicus Brief in Omnicare Case

My partner Claire Loebs Davis and I are honored to be working with Washington Legal Foundation on a U.S. Supreme Court amicus brief in the Omnicare securities class action. Omnicare concerns what makes a statement of opinion…more

Board of Directors, Class Action, Corporate Officers, D&O Insurance, Omnicare

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Jessica Hoerschelmann

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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Steve Jensen

6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME before…more

Delta Airlines, Evidence, MetLife, Vocational Experts

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Daniel Kittle

Lessons From the Wake of Economic Collapse: Avoiding Personal Liability in Loan Origination and Restructuring

Although today’s lending economy continues to follow a fairly steady path toward stability, the recent economic downturn has given rise to an increasing number of lawsuits by the Federal Deposit Insurance Corporation (“FDIC”)…more

Debt Restructuring, Economic Downturn, FDIC, Financial Institution Liability, Loans

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Bruce Leaverton

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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Brenna Legaard

Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes…more

Patent Infringement, Patent Litigation, Patents, Risk Assessment

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Carin Marney

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

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Gail E. Mautner

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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Ryan McBride

Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust

The Deed of Trust Act generally bars a lender from seeking a deficiency judgment against a borrower following nonjudicial foreclosure of a deed of trust securing the borrower's loan. The Act contains some exceptions in the case…more

Deed of Trust, Foreclosure, Mortgages

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Walter McMonies

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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Alan Minsk

A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It

Many articles have been written that discuss the importance of having a “patent strategy” and why investing in a patenting effort may have substantial value for a company. These articles also discuss why a driver for such a…more

Patent Applications, Patents

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Michael A. Nesteroff

New Rules Provide for More Detail in Phase I Environmental Site Assessments

Doing environmental due diligence in order to come within the “all appropriate inquiry” safe harbor under federal and many state environmental statutes has become a necessary component of the underwriting process for commercial…more

Due Diligence, Environmental Assessments, Environmental Policies, EPA

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Reuben Ortega

Three Years Later: Dodd-Frank and Those too Small to Succeed

Much can happen in three years. For example, the earth travels around the sun three times — roughly 17.7 billion miles — in that span. That is an impressive feat. Somewhat less impressive: your average hamster reaches old age in…more

Banks, Community Banks, Dodd-Frank

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Paul Ostroff

Recent Court Decisions Shine a Renewed Light on the Desirability of Employee Arbitration Agreements

Some employers have embraced the use of employment arbitration agreements as a way to manage and mitigate the rising costs, risks and liabilities associated with employment-related claims. Historically, employment arbitration…more

Arbitration, Arbitration Agreements, Employer Liability Issues

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Milo Petranovich

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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John Pinkstaff

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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Bryan Powell

Nonrecourse Real Estate Loans: An Endangered Species?

As many apprehensive borrowers once again enter the commercial real estate loan marketplace, one of the first questions they often ask is: “Can I get a nonrecourse loan?” This is especially true for borrowers who are coming out…more

Borrowers, Nonrecourse Loans, Personal Liability, Real Estate Investments

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D. Michael Reilly

ERISA: 9th Circuit — Does “Reopening” A Claim, AFTER The Statute of Limitations Has Run, Waive That Defense?

ERISA claims administrators sometimes are asked to “reopen” a claim, after appeal denial, to consider additional information. How does “reopening” a claim affect the statute of limitations defense? If the statute…more

Deloitte, ERISA, MetLife, Reopening Laws, Statute of Limitations

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Joan Robinson

Five Legal Topics for Washington Bankers to Consider This Fall

Summer vacations are over, and now bank management and directors need to focus on compliance. Below are five current legal topics that Washington bankers should be considering this fall. 1. Loans Secured by Residential…more

Ability-to-Repay, Banks, CFPB, Compliance, Enforcement Actions

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Michael Silvey

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

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Jay Smith-Hill

Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes…more

Patent Infringement, Patent Litigation, Patents, Risk Assessment

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David Spellman

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

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Dawn S. Spratley

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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Andrew Stevenson

U.S. Customs and Border Protection to Eliminate Paper I-94 Admission Cards, and “Automate” Electronic Admission Records

U.S. Customs and Border Protection (CBP) has officially announced its intent to eliminate its use of paper I-94 arrival/departure cards, now given to temporary foreign visitors and workers at the time of their admission to the…more

Customs and Border Protection, Electronically Posted Documents, I-94 Cards, Travel

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Paul D. Swanson

Core Issues - New Patents in the World of Apples

When one speaks of an “apple” and patentable technology in the same breath, thoughts naturally turn toward Silicon Valley and Steve Jobs’ storied company. Yet, in Wenatchee, Washington (the “Apple Capital of the World”), and the…more

Apple, Patents, Technology

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Matthew Viers

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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David Voyles

A Few Good Questions to Ask When a Customer Seeks Financing for an Aircraft

An eight-seat Pilatus PC-12 turboprop or a six-seat Eclipse 500 jet, both of which were manufactured in 2008, can be purchased for less than $1.5 million. These are just two examples from a fleet of aircraft options available…more

Aircraft Sales, Aircrafts, FAA

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Erin Wilson

Class Action Litigation -- Helping your business avoid or minimize the risk of exposure

A couple of novel tools are becoming increasingly available under Washington state and federal law, enabling businesses to reduce exposure to class and/or collective action litigation. Specifically, courts are more likely to…more

Arbitration Agreements, Class Action, Collective Actions, Enforcement, FLSA

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Andrew Yates

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

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