Lane Powell PC

5 Wishes for Securities Litigation Defense: Greater Director Involvement in Securities Litigation Defense and D&O Insurance

One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is greater involvement by boards of directors in decisions concerning D&O insurance and the defense of securities litigation, including defense-counsel…more
| Business Organizations, Business Torts, Commercial Law & Contracts, Insurance, Securities Law

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
| Communications & Media Law, Conflict of Laws, Criminal Law, Intellectual Property

5 Wishes for Securities Litigation Defense: A Defense-Counsel Interview Process in All Cases

One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to require an interview process for the selection of defense counsel in all cases. When a public company purchases a significant good or…more
| Business Organizations, Business Torts, Securities Law

High Stakes: Investing in a Legal Marijuana Business

Considering diversifying with a high-risk investment? Heard the lure of the “green rush” toward a possible $100 billion legal marijuana industry? Before you write that check... Please see full Article below for more…more
| Finance & Banking, Intellectual Property, Securities Law, Taxation, Transportation

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
| Civil Procedure, Finance & Banking, Securities Law

Court Declines to Prevent Merger of Washington Medical and Recreational Marijuana Markets

Over the last year, the Washington state marijuana industry has anticipated the transition from an unregulated medical marijuana market to an integrated, medical-recreational market on July 1, 2016, under the Cannabis Patient…more
| Civil Remedies, Constitutional Law, Health, Mergers & Acquisitions, Privacy

Women in the C-Suite: It’s Good Business

The underrepresentation of women on boards of directors and in the C-suite is astounding in a world driven by analytics aimed at increasing the bottom line. Of the nearly 22,000 companies examined in a 2014 study conducted by…more
| Business Organizations, Civil Rights

5 Wishes for Securities Litigation Defense: Effective Use of the Supreme Court’s Omnicare Decision

In this installment of the D&O Discourse series “5 Wishes for Securities Litigation Defense,” we discuss the third of five changes that would significantly improve securities litigation defense: to make the Supreme Court’s…more
| Business Organizations, Civil Procedure, Business Torts, Securities Law

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
| Civil Remedies, Personal Injury, Taxation

Out-of-State, Non-Bank Financing Becomes Available for Washington State Licensed Marijuana Businesses

Monday, June 20, 2016, was summer solstice. But in Washington, there were two other things to celebrate: a day to recover after the Fremont Solstice weekend, and, for legal marijuana businesses, the first day for the licensed…more
| Commercial Law & Contracts, Finance & Banking

Reputation Matters: Don’t Lose Opportunities Due to Inaccurate Personal Data

Consumers may be injured by inaccurate data that they cannot review or correct. There’s a hole in the bucket, dear Congress. The children’s song, “There’s a Hole in the Bucket,” exemplifies the conundrum many consumers…more
| Labor & Employment Law, Finance & Banking, Consumer Protection, Privacy, Science, Computers, & Technology

ERISA: Is It Wrong to Take an Offset for Social Security Benefits Received by the Children of a Long Term Disability Claimant?

Is it wrong to take an offset for Social Security benefits received by the children of a long term disability claimant? No, says a new decision. And… just because you reinstate benefits does not mean you have to provide…more
| Insurance, Labor & Employment Law

Patenting the Quest for a More Perfect Veggie Burger

When a food synthesizer first appeared on Star Trek: The Original Series, I looked upon it with awe and wonder. Its workings were never explained; but entire meals would emerge from it magically. Swanson’s frozen TV dinners were…more
| Communications & Media Law, Intellectual Property

For ERISA Section 502(c) Penalties — Must Plaintiff Prove “Actual Injury”? A Recent U.S. Supreme Court Decision Creates the Argument

These Section 502(c) penalty claims seem to be added to most every ERISA lawsuit... Does a claimant have to prove “actual injury” to win ERISA Section 502(c) penalty claims? MAYBE. Here’s why..…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

Recreational Cannabis — Section 280E and Tax Efficient Structuring

I. The Conflict: The long arm of federal law Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis…more
| Commercial Law & Contracts, Conflict of Laws, Criminal Law, Taxation
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1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States

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