Lane Powell PC

Contact
Share
Info
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

SEC Temporarily Suspends Two Marijuana Stocks

In the past two weeks, the SEC has temporarily suspended two marijuana stocks that trade on the OTC Markets. The suspensions lasting until June 5, involved, respectively, a questionable press release concerning a proposed…more

Marijuana, Marijuana Related Businesses, SEC, Stocks, Suspensions

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 »

No Idle Matter — D.C. Circuit Holds that State’s Attempt to Regulate Locomotive Noise is Preempted by ICA and ICCTA

States and municipalities commonly attempt to curb or eliminate noise generated by locomotives and rail cars as they pass through their jurisdictions. A recent attempt by the state of Delaware to shut down idling locomotives was…more

ICCTA, Mass Transit, Noise Control Ordinances, Railroads

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

See all updates »

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 »

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant…more

Abstract Ideas, Affirmative Defenses, Anticipation, Appeals, Attorney's Fees

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 »

What Employers Need to Know About Washington’s New Paid Family and Medical Leave Insurance Law

On Wednesday, July 5, Governor Inslee signed a Paid Family and Medical Leave law with strong bipartisan support. The new state law, one of the most expansive in the country, provides for a total of up to 18 weeks of paid leave…more

Covered Employer, Medical Leave, Paid Family Leave Law, Paid Leave

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 »

Muslim-Country Travel Ban Upheld in Part

The U.S. Supreme Court decided that the United States can ban entry by persons from Muslim countries, partially and temporarily upholding the Executive Order travel ban. Travelers from Iran, Syria, Sudan, Libya, Somalia, and…more

B-1, B-2, Bona Fide Relationship Test, Executive Orders, Muslims

See all updates »

Matal v. Tam: Supreme Court Rules USPTO Prohibition of Offensive Marks Based On Disparagement Clause Is Unconstitutional Under the First Amendment

Historically, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered to be offensive in that they disparaged a particular person, group or institution. Now the PTO cannot deny the registration…more

Constitutional Challenges, Disparagement, First Amendment, Free Speech, Lanham Act

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 »

Maximizing and Measuring Social Impact

Business and Philanthropy have traditionally formed a dichotomy. Business is the pursuit of monetary profits, philanthropy the pursuit of social good with donated money. This dichotomy has been eroding so that a complex spectrum…more

Business Development, Non-Profits

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

See all updates »

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 »

Is There a Possible Limit to an Insurer’s Duty to Defend in Washington State?

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed Western District of Washington Judge Ronald B. Leighton’s decision finding no duty to defend negligence claims arising out of a murder-suicide…more

Appeals, Duty to Defend, Insurance Litigation, Wrongful Death

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 »

What Oregon Producers Need to Know Before Their Bump Arrives

On April 28, 2017, the Oregon Liquor Control Commission (OLCC) approved rules allowing licensed recreational cannabis growers to also grow for Oregon Medical Marijuana Program (OMMP) cardholders. The OLCC’s authority to…more

Cole Memorandum, Marijuana, Medical Marijuana, Tracking Systems

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

See all updates »

DOJ Fires a Warning Shot: New Federal Charging and Sentencing Policy

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum establishing revised charging and sentencing policy applicable to the Department of Justice (the “Charging Memo”). The Washington Post quotes the Attorney…more

Cole Memorandum, DOJ, Marijuana, Prosecutorial Discretion

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 »

Ninth Circuit Applies Omnicare Standard for Pleading False Statements of Opinion to Section 10(b) Claims, in City of Dearborn Heights v. Align Technology (May 5, 2017)

In a matter of first impression in the Ninth Circuit, the court applied the Supreme Court’s Omnicare standard for pleading the falsity of a statement of opinion to a Section 10(b) claim in City of Dearborn Heights Act 345 Police…more

Acquisitions, Core Operations Doctrine, D&O Insurance, First Impression, Motion to Dismiss

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

See all updates »

Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as an…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

See all updates »

Mandatory Arbitration of Securities Disclosure Disputes Is a Bad Idea—For Defendants

SEC Commissioner Michael Piwowar recently said that the SEC is open to allowing companies that are going public to provide for mandatory shareholder arbitration in their corporate charters. Piwowar’s remarks have prompted a…more

Class Action, Mandatory Arbitration, SEC, Securities Litigation, Shareholders

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 »

What Employers Should Do Now to Comply With the Oregon Equal Pay Act of 2017

Equal Pay Act Overview - Oregon Governor Kate Brown recently signed the Oregon Equal Pay Act of 2017 into law. Although Oregon law already prohibited gender discrimination in the payment of wages (e.g. paying men more than…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Salary/Wage History

See all updates »

The Supreme Court Holds that the Securities Act’s Statute of Repose Is Not Subject to American Pipe Tolling, in CalPERS v. ANZ Securities (June 26, 2017)

In a 5-4 decision split along traditional ideological lines, the U.S. Supreme Court held in CalPERS v. ANZ Securities, Inc., 582 U.S. ___ (2017), that the statute of repose in Section 13 of the Securities Act cannot be tolled…more

CalPERS v ANZ Securities, Class Action, Equitable Tolling, Opt-Outs, SCOTUS

See all updates »

Taking Control: Oregon SB 1057

The Oregon Legislature recently passed Senate Bill 1057, which currently sits on the Governor’s desk awaiting her signature. The bill primarily addresses the Oregon Liquor Control Commission’s (OLCC) control over the state’s…more

Liquor Control Boards, Marijuana, Marijuana Related Businesses, Medical Marijuana, Retail Tracking

See all updates »

ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad…more

Advocate Health Care v Stapleton, Benefit Plan Sponsors, Church Plans, Churches, Employee Benefits

See all updates »

SDNY — Passenger Dropping Bag on Another Passenger While Boarding an ‘Accident’ Under Montreal Convention, Creating Strict Liability for Carrier

It is a common scenario on today’s ever more packed flights — dozens of passengers are boarding a commercial flight with large roller bags, hunting for overhead bin space and lifting their bags over the heads of the passengers…more

Aircraft, Airlines, Aviation Industry, Strict Liability

See all updates »

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 »

Mitigating Risk at the Intersection of Business and Patents

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have treated…more

America Invents Act, Mitigating Factors, On-Sale Bar, Patents, USPTO

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

See all updates »

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

See all updates »

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

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 »

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

See all updates »

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

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 »

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

See all updates »

Matal v. Tam: Supreme Court Rules USPTO Prohibition of Offensive Marks Based On Disparagement Clause Is Unconstitutional Under the First Amendment

Historically, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered to be offensive in that they disparaged a particular person, group or institution. Now the PTO cannot deny the registration…more

Constitutional Challenges, Disparagement, First Amendment, Free Speech, Lanham Act

See all updates »

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

See all updates »

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)

See all updates »

Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State

The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies…more

Air Pollution, Clean Air Act, Marijuana, Pollution Control Board

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

See all updates »

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 »

Seattle Secure Scheduling Ordinance: Critical Questions Answered

The Seattle Secure Scheduling Ordinance will take effect on July 1, 2017. With less than two weeks to go, Lane Powell has been fielding questions from our clients on some of the nuances regarding implementation of the new law…more

Covered Employer, Good Faith, Local Ordinance, Secure Scheduling, Wage and Hour

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

First Circuit Affirms Dismissal of Biogen Investors’ Claims, Finding a Lack of “Connecting Detail,” in In re Biogen Inc. Securities Litigation, 857 F.3d 34 (May 12, 2017)

In this putative class action, investors alleged that Biogen executives misled the public about the impact on sales of the company’s multiple sclerosis drug Tecfidera after one patient’s death. Plaintiffs alleged violations of…more

Investors, Misleading Statements, Private Securities Litigation Reform Act of 1995, Putative Class Actions, Securities Exchange Act

See all updates »

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where the…more

Beneficiaries, ERISA, Forum Selection

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 »

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

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 »

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

See all updates »

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)

See all updates »

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

See all updates »

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

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 »

A Toxic Pairing: Discovery Misconduct and Juror Neuropsychology in a Plant Patent Trial

The most important plant patent trial of the early 21st century just took place in northern California. California Berry Cultivars v. The Regents of the University of California sorts out “stakeholder” rights associated with…more

Discovery, Jury Verdicts, Patent Litigation, Patents, Plant Patents

See all updates »

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

See all updates »

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

See all updates »

No “Extreme Departure” From the Classical Materiality Standard for Omissions: Second Circuit Rejects First Circuit Test for Material Omissions in Registration Statements, in Stadnick v. Vivint Solar, Inc. (June 21, 2017)

The Second Circuit, affirming the Southern District of New York’s dismissal of a ’33 Act securities class action, reaffirmed that the Circuit’s operative test for determining the materiality of omissions is the test set forth in…more

Putative Class Actions, Securities Act of 1933

See all updates »

Second Circuit Applies Morrison to Rule 23 Predominance Analysis, in In re Petrobras Securities, but Rejects Third Circuit’s “Heightened” Ascertainability Requirement (July 7, 2017)

On July 7, the Second Circuit affirmed in part and vacated in part an order by Judge Rakoff of the S.D.N.Y. certifying two classes in the In re Petrobras Securities litigation, — F.3d –, 2017 WL 2883874 (2d Cir., July 7, 2017)…more

Ascertainable Class, Class Certification, Kickbacks, Money Laundering, Morrison v National Australia Bank

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 »

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 »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.