Lane Powell PC

1420 Fifth Avenue, Ste. 4200 P.O. Box 91302
Seattle, WA 98111-1302, United States

  • 800.426.5801
  • 206.223.7107

Banks and the EB-5 Program: Look Before You Leap

Many Washington banks have been asked to serve either as lender for an EB-5 project or as escrow holder to receive EB-5 customer deposits. While the benefits of serving in such roles, especially for a large real estate…more

Anti-Money Laundering, Banks, EB-5, Escrow Holders, Foreign Investment

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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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A Tax Incentive for Oregon’s Artists to Donate Their Work

Oregon tax law, unlike federal tax law, gives an incentive to Oregon resident artists to donate their own artwork to charities. In general, when an artist donates her art, and has obtained an appraisal, she can deduct the…more

Appraisal, Artists, Charitable Donations, Tax Incentives

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Affordable Care Act Compliance: With Summer Approaching, Are Employers Feeling the Heat?

As we embark on summer and employers inch closer to some of the major compliance deadlines put into place by the Affordable Care Act (ACA), it seems like a good time to review some recent updates that employers should be aware…more

Affordable Care Act, Chief Compliance Officers, COBRA, Employer Liability Issues, Employer Mandates

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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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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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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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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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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

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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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Obama Immigration Executive Action: How It Affects Business and Employment

In a bold move, on November 20, 2014, President Barack Obama announced his Immigration Accountability Executive Actions to address flaws in the current immigration system. The plan contains three parts: 1) Enhanced border…more

Barack Obama, DACA, DAPA, Deportation, DHS

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Where Bankruptcy Law and Intellectual Property Law Intersect

The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to…more

Bankruptcy Code, Business Assets, Commercial Bankruptcy, Copyright, Executory Contracts

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Omnicare Court Ponders Two Middle Paths: One Rocky, One Smooth

Monday’s oral argument before the Supreme Court in Laborers District Counsel Construction Industry Pension Fund v. Omnicare, Inc., (“Omnicare”) was remarkable in that, as Omnicare attorney Kannon Shanmugam noted, it was the…more

Evidence, False Statements, Federal Rules of Civil Procedure, Materiality, Omnicare

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Combating Counterfeiting: How Owners Can Protect Their Brands

Counterfeiting is the practice of manufacturing and/or selling goods, usually of inferior quality, under a brand name without the brand owner’s permission. The damage from counterfeiting is extensive and far-reaching and…more

Brand, Counterfeiting, Manufacturers

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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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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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Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to…more

Cable Television Providers, Federal Contractors, Popular, Public Procurement Policies, Public Records Act

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Senseless (in) Seattle - Confusing application of city’s B&O tax leaves service businesses in a quandary

More than 40 Washington cities impose local business and occupation (B&O) tax. This is in addition to the state’s B&O tax on gross receipts. When a business engages in activities both inside and outside a B&O tax city,…more

Apportionment, Audits, Client Services, Gross Receipts, Gross Receipts Tax

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Banking On Your Executive’s Compliance With the Trade Secrets Law

On behalf of the Commission on the Theft of American Intellectual Property, the National Bureau of Asian Research published its findings in 2013. Members of the Commission included Craig R. Barrett, former Chairman and CEO of…more

Banks, C-Suite Executives, Intellectual Property Litigation, Non-Compete Agreements, Theft

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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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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

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Lean Six Sigma: Are You and Your Vendors Sufficiently Focused on Process Improvement?

Every commercial enterprise employs processes in its day-to-day operations, from a manufacturer that produces widgets to a service provider who provides professional advice. Some of these processes may lead to Aristotle’s…more

Manufacturers, Process Improvement

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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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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

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Top 5 Securities and Corporate Governance Litigation Developments of 2014

This year will be remembered as the year of the Super Bowl of securities litigation, Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), 134 S. Ct. 2398 (2014), the case that finally gave the Supreme Court the…more

Basic v Levinson, Boeing, Corporate Governance, Fraud-on-the-Market, Halliburton v Erica P. John Fund

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NLRB Makes Two Big Changes That Will Affect All Employers: Lifting the Ban on Using Company Computers for Union-related Communications and Faster Union Elections

Does Your Email Policy Run Afoul of the New Rule? - If your email policy says that your computer systems exist to facilitate company business and therefore “all such equipment and access should be used for business…more

Ambush Election Rules, Email Policies, Employer Liability Issues, Final Rules, FLSA

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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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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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Senseless (in) Seattle - Confusing application of city’s B&O tax leaves service businesses in a quandary

More than 40 Washington cities impose local business and occupation (B&O) tax. This is in addition to the state’s B&O tax on gross receipts. When a business engages in activities both inside and outside a B&O tax city,…more

Apportionment, Audits, Client Services, Gross Receipts, Gross Receipts Tax

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 »

Innovation with Clean Diesel Construction

When I hear that a real estate project is faced with environmental issues, the first thought that comes to mind is not one of compromise and collaboration. Instead I imagine pitchfork yielding activists, greedy developers and…more

Carbon Emissions, Construction Workers, Contractors, Diesel Fuel, Environmental Policies

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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 »

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

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Trustee Selection: Choose Wisely if Your Family-owned Business Will Be Held in a Trust

Let’s assume that you and your spouse are the sole owners of a very successful business. You have established an estate plan with trusts in place to utilize the estate tax exemptions of both spouses for Washington state and…more

Beneficiaries, Family Businesses, Trustees, Trusts

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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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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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Why Plant Patenting Floats Free of GMO Crop Controversies

Public debates about the merits of genetically modified crops often end in polarized shouting matches. They pit so-called “romantic environmentalists” against scientifically-minded advocates for companies that derive their…more

GMO, Patent-Eligible Subject Matter, Patents

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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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Trustee Selection: Choose Wisely if Your Family-owned Business Will Be Held in a Trust

Let’s assume that you and your spouse are the sole owners of a very successful business. You have established an estate plan with trusts in place to utilize the estate tax exemptions of both spouses for Washington state and…more

Beneficiaries, Family Businesses, Trustees, Trusts

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Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to…more

Cable Television Providers, Federal Contractors, Popular, Public Procurement Policies, Public Records Act

See All Updates »

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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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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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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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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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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ERISA: 11th Circuit Says “Show Me The Money” In Equitable Recovery Of Medical Expenses Even After Disbursement Or Commingling Of Funds

Can the Plan get reimbursed even when the beneficiary’s settlement funds have been disbursed or commingled? Yes in the 11th Circuit. But watch out in the 9th Circuit…more

Beneficiaries, Equitable Lien, ERISA, Insurers, Qualified Settlement Funds

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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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Plugging the Leak: Guidelines for a Data Breach Response Plan

Though data breaches have been on the forefront of many large company’s risk management efforts for a number of years, it has become clear that the threat of a data breach is very real and touches on every business, regardless…more

Best Management Practices, Cybersecurity, Data Breach, Data Protection, Information Technology

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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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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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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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Obama Immigration Executive Action: How It Affects Business and Employment

In a bold move, on November 20, 2014, President Barack Obama announced his Immigration Accountability Executive Actions to address flaws in the current immigration system. The plan contains three parts: 1) Enhanced border…more

Barack Obama, DACA, DAPA, Deportation, DHS

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Trademarks as a Barometer of Change: A Pop Quiz

Designed to appeal and speak to the customers of a specific time and place, trademarks can become hallmarks of a bygone era. The controversy surrounding the use of the REDSKINS trademark and logo shows just how much the…more

Brand, Native American Issues, Redskins, Trademarks

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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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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, Aircraft Sales, FAA

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The Truth About Mobile Intellectual Property Protection: Debunking Common Misconceptions

Mobile is the platform of the smart future. - As mobile device and network capabilities expand and reach broader audiences, ubiquitous network connectivity and depth of mobile data penetration will solidify the position…more

Internet, Mobile Apps, Mobile Devices, Patents, Popular

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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 »

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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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
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Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys

100+ Attorneys

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