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
Doing environmental due diligence in order to come within the “all appropriate inquiry” safe harbor under federal and many state environmental statutes has become a necessary component of the underwriting process for commercial…more
Ripe strawberries define lusciousness. Fragile, with fleeting taste, these heart-shaped berries inspired Shakespeare’s pen: “The strawberry grows underneath the nettle; and wholesome berries thrive and ripen best; neighbour’d…more
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
We have entered a critical year for healthcare reform, as this is the year in which many of the requirements of the Affordable Care Act (“ACA”), or “Obamacare,” go into effect. Many of us are still holding our breath to see how…more
How do you defeat two arguments frequently used to challenge an ERISA-governed disability claim denial?
Argument (1) the rationale for the claim denial changed, or
Argument (2) the denial letter failed to tell…more
The U.S. government’s H-1B temporary professional worker program allows U.S. employers to hire foreign nationals in “specialty occupation” positions that require a bachelor’s degree or the equivalent. Under current law, the…more
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
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
The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in an…more
Patent litigation often involves the assertion of prior art anticipation and obviousness defenses. U.S. patents are presumed valid, so a defendant seeking to overcome this presumption must persuade the fact-finder of a…more
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
Public companies around the country labor under the misunderstanding that the Private Securities Litigation Reform Act’s “Safe Harbor” provision protects them from liability for publicly announced earnings guidance and other…more
What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate?
Is he judicially estopped from bringing the lawsuit alleging wrongful…more
Shareholder litigation comes in waves. There is a widespread belief that the next big wave will be shareholder derivative litigation – a shareholder’s assertion of a claim belonging to the corporation, typically brought against…more
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