Lane Powell PC

ERISA (D.C. Cir.): Do You Know the Difference Between a “Payroll Practice,” and Short Term Disability Benefits Governed by ERISA?

What happens when an employer provides a disabled employee continued regular wages, paid out of general employer assets? This is known as a “payroll practice”… and ERISA may not apply. A new case that highlights the point…more
| Labor & Employment Law

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
| Civil Procedure, Finance & Banking

Lessons Learned in London

Earlier this month, I spent a week in the birthplace of D&O insurance, London. In addition to moderating a panel at Advisen’s European Executive Risks Insights Conference, I met with many energetic and talented D&O insurance…more
| Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology, Securities Law

Oregon Cannabis Producers Need to ‘Grow Up’ and Respect Boundaries

The regulated cannabis industry is growing exponentially. Regulators, with the help of industry leaders and advisors, are demanding that the industry “grow up” and embrace the realities of functioning in a highly-regulated…more
| Business Organizations

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
| Elections & Politics, Labor & Employment Law

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
| Civil Remedies, Labor & Employment Law

Keeping Your DMCA Safe Harbor Safe

Starting December 1 of this year, there will be a major change to the registration process under the Digital Millennium Copyright Act (DMCA) that will substantially affect your ability to rely on the DMCA safe harbor. The new…more
| Business Organizations, Intellectual Property

Palate Pleasing Zucchinis Dominate Squash Patenting

With Halloween over and Thanksgiving looming, recipes for butternut squash soup abound while caved-in pumpkin faces rot away in back alleys. For all their exotic shapes and colors, winter squashes remain tethered to autumnal…more
| Agriculture, Intellectual Property

ERISA (9th Circuit): How Long Can a Sedentary Person Sit? You Better Check the Dictionary of Occupational Titles

So how do you define “sedentary work”? Can you define it by using a Functional Capacity Assessment? Can you disregard the Dictionary of Occupational Titles (DOT) in your assessment? Probably not. Here’s the case of…more
| Civil Procedure, Labor & Employment Law

Jaguar Land Rover Ltd Puts the Brakes on the Trivett Family Trust

In a World Intellectual Property Office (WIPO) domain name decision, WIPO has ordered the cancellation of 175 domain names that include the famous Range Rover, Land Rover and Jaguar trademarks. The domains were registered in the…more
| International Law & Trade

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
| Nonprofit Law, Securities Law

Answering the Question: ‘Can third parties challenge a copyright Work Made for Hire ownership assertion?’

A recent case out of the Second Circuit says “Yes. Third parties have standing to assert the defense that a copyright owner’s claim of ownership is erroneously based on Work Made for Hire (WMFH).”…more
| Civil Procedure, Intellectual Property

ERISA: Failure to Present “Objective Findings of Impairment” Supports Denial of Mental Disability Claim

You know that courts can expect a claimant to establish “objective evidence of impairment” from a physical condition. But does this apply to claims arising out of a mental condition?…more
| Health, Insurance

If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’

Next month, voters in five more states will decide whether to legalize recreational marijuana. As reported by The New York Times in an insightful article on this issue, some legalization advocates hope a (green) thumbs up from…more
| Business Organizations, Commercial Law & Contracts

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
| Civil Procedure, Communications & Media Law, Labor & Employment Law
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