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Lane Powell PC

Attorney

Latest Publications

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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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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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, Loans

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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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Diane M. Butler

Immigration Reform Passes Senate Judiciary Earlier than Expected

A congressional immigration reform proposal passed its first test and was approved by the Senate Judiciary Committee on May 21, 2013. Action on the bill had been expected before the Memorial Day break, but not so much sooner…more

H1-B, Immigration Reform, Proposed Legislation, Visas

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June Campbell

Why Does Food Mislabeling Outrage Consumers?

“There’s a Chinese restaurant on every block, and if you think mouths won’t water when you come strolling by, then you don’t know squat about Oriental cuisine. They prize the taste of dog, friend. The chefs round up strays and…more

Food Allergies, Food Contamination, Food Labeling, Horse Meat, Seafood

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Claire Davis

Second Take on Amgen: Defense Arguments Largely Intact, Even in Overruled Circuits

In our post in the immediate wake of the Supreme Court’s decision in Amgen Inc. v. Connecticut Retirement Plans, we concluded that rather than being a new threat to the defense of securities class actions, Amgen basically…more

Amgen, Amgen Inc. v Connecticut Retirement Plans, Class Action, Fraud-on-the-Market, Material Misstatements

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Julianne Davis

Getting Real on the Counterfeit Goods Front: The Growing Problem on Distribution of Counterfeit Products Through the Internet

Originally published in the Portland Business Journal on February 22, 2013. Counterfeit sales make up as much as 7 percent of worldwide trade. All told, counterfeiting is a $650 billion industry. An estimated…more

Counterfeiting, Internet Retailers, Investigations, Trademarks

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Craig Day

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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Brian DeFoe

The Private Equity Prom -- How to land the PE firm of your dreams

Are you looking for someone to invest in your new company or help expand your business? Landing private equity (PE) financing can be like preparing for your high school prom. To impress that special someone you have admired, you…more

Private Equity

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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

EEOC Vote Approving Class-Based Initiatives: What Employers Need to Know

Originally published in BANKING MATTERS - WINTER 2013. After circulating a draft to the nation in September 2012, three of the four members of the Equal Employment Opportunity Commission (EEOC) voted to adopt the EEOC’s…more

Class-Based Initiatives, Discrimination, EEOC, Protected Class, Strategic Enforcement Plan

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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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Douglas W. Greene

Delaware Supreme Court’s Decision in Allergan Won’t Fix the Problem of Multi-Jurisdictional Shareholder Litigation

On April 4, 2013, in the Allergan decision, the Delaware Supreme Court reversed the Court of Chancery’s ruling last year that the dismissal of a shareholder derivative action in California did not preclude other stockholders…more

Derivative Suit, Fast-Filer, Full Faith and Credit, Motion to Dismiss, Multidistrict Litigation

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David E. Van't Hof

The GOOD, the BAD, and the UGLY: a look at the future of clean energy in Oregon

Originally published in the Daily Journal of Commerce on December 10, 2012. Oregon has benefited greatly over the past decade from progressive policies that have driven investment in renewable energy and energy efficiency…more

Clean Energy, Renewable Energy, Wind Power

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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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Timothy Jones

Your Brokers and Attorneys — The All-Star Approach to Creating a Successful Real Estate Team

In the world of professional sports, management spends considerable time evaluating players, strategizing about organizational fits and developing talent through coaching— all with an eye toward winning a championship…more

Hiring & Firing, Real Estate Brokers

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Daniel Kittle

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, Loans

See All Updates »

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

See All Updates »

Kay Lennon

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 »

Gail E. Mautner

Estate Plan Checkup - How to avoid disputes in a closely held business

So, your will or living trust is completely signed (finally!) and you have your durable power of attorney and your health care directive taken care of. Are you finished with your estate planning? Maybe not … If part of your…more

Closely Held Businesses, Estate Planning

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Mark McBride

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

See All Updates »

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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Michael A. Nesteroff

California Cap and Trade to Launch End of the World, Brave New World or Carbon Tax?

Six years after then-Gov. Arnold Schwarzenegger signed the California Global Warming Solutions Act, also known as AB 32, the California Air Resources Board (CARB) holds its first auction of emissions allowances on November 14…more

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Reuben Ortega

The Private Equity Prom -- How to land the PE firm of your dreams

Are you looking for someone to invest in your new company or help expand your business? Landing private equity (PE) financing can be like preparing for your high school prom. To impress that special someone you have admired, you…more

Private Equity

See All Updates »

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

See All Updates »

D. Michael Reilly

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

See All Updates »

Jay Smith-Hill

Getting Real on the Counterfeit Goods Front: The Growing Problem on Distribution of Counterfeit Products Through the Internet

Originally published in the Portland Business Journal on February 22, 2013. Counterfeit sales make up as much as 7 percent of worldwide trade. All told, counterfeiting is a $650 billion industry. An estimated…more

Counterfeiting, Internet Retailers, Investigations, Trademarks

See All Updates »

Dawn S. Spratley

Estate Plan Checkup - How to avoid disputes in a closely held business

So, your will or living trust is completely signed (finally!) and you have your durable power of attorney and your health care directive taken care of. Are you finished with your estate planning? Maybe not … If part of your…more

Closely Held Businesses, Estate Planning

See All Updates »

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

Why Does Food Mislabeling Outrage Consumers?

“There’s a Chinese restaurant on every block, and if you think mouths won’t water when you come strolling by, then you don’t know squat about Oriental cuisine. They prize the taste of dog, friend. The chefs round up strays and…more

Food Allergies, Food Contamination, Food Labeling, Horse Meat, Seafood

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.

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