Lane Powell PC

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1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States
Phone: 800.426.5801
Fax: 206.223.7107
Practice Groups
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

SEC Temporarily Suspends Two Marijuana Stocks

In the past two weeks, the SEC has temporarily suspended two marijuana stocks that trade on the OTC Markets. The suspensions lasting until June 5, involved, respectively, a questionable press release concerning a proposed…more

Marijuana, Marijuana Related Businesses, SEC, Stocks, Suspensions

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IP Alert: New Ruling Regarding DMCA Safe Harbor Protections

In Brief: The recent Second Circuit decision in EMI Christian Music, Inc. v. MP3tunes, LLC builds on BMG Rights Management et al v. Cox Communications, further emphasizing that courts expect online service providers and website…more

Copyright Infringement, Cox Communications, DMCA, Internet Service Providers (ISPs), Safe Harbors

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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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No Idle Matter — D.C. Circuit Holds that State’s Attempt to Regulate Locomotive Noise is Preempted by ICA and ICCTA

States and municipalities commonly attempt to curb or eliminate noise generated by locomotives and rail cars as they pass through their jurisdictions. A recent attempt by the state of Delaware to shut down idling locomotives was…more

ICCTA, Mass Transit, Noise Control Ordinances, Railroads

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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

Damages, False Imprisonment, Income Taxes, Internal Revenue Code (IRC), Punitive Damages

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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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Autonomous Delivery Robots — The Latest Method for Transporting Small Goods in Urban Areas

Autonomous delivery technologies are being considered, analyzed and developed all along the supply chain. Industry leaders see automation of short-range delivery of consumer goods as the first step, and “Star Wars,” R2-D2-like…more

Robots, Technology Sector

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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

Attorney-Client Privilege, Discovery, WA Supreme Court

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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

Attorney-Client Privilege, Discovery, WA Supreme Court

See all updates »

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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Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed…more

Food Manufacturers, Forum Shopping, Multidistrict Litigation, Patent Infringement, Patent Litigation

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Is the Washington Legislature Caching Out Noncompete Agreements? How This Change Might Affect Your Ability to Protect Your Business

For tech giants like Microsoft and Amazon, and any number of emerging tech companies, tech professionals are a hot commodity in the state of Washington. No doubt, the competition is fierce here in Seattle and within the greater…more

Former Employee, Non-Compete Agreements, Proposed Legislation, Rebuttable Presumptions, Tech Industry

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Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail Wholesale v. Hewlett-Packard (January 19, 2017)

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s high…more

Business Conduct Standards, Code of Conduct, Hewlett-Packard, SEC, Securities Exchange Act

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What Employers Need to Know About Washington’s New Paid Family and Medical Leave Insurance Law

On Wednesday, July 5, Governor Inslee signed a Paid Family and Medical Leave law with strong bipartisan support. The new state law, one of the most expansive in the country, provides for a total of up to 18 weeks of paid leave…more

Covered Employer, Medical Leave, Paid Family Leave Law, Paid Leave

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Ninth Circuit Establishes Rule for Mixed Statements under Reform Act’s Safe Harbor, in In re Quality Systems, Inc. Securities Litigation (July 28, 2017)

On July 28, the Ninth Circuit reversed the dismissal of a securities class action, and remanded to the Central District of California. In re Quality Sys., Inc. Sec. Litig., 865 F.3d 1130 (9th Cir. 2017). Quality Systems, which…more

Class Action, D&O Insurance, False Statements, Safe Harbors, Securities Litigation

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OCR’s 2016 Ransomware ‘Guidance’: A Health Care Provider’s New Best Friend?

Background on Ransomware Attacks - Doomsday-esque ransomware scenarios are having an increasing impact on the health care industry, becoming commonplace in 2016. Security experts and the media have reported that health…more

Cyber Attacks, Electronic Protected Health Information (ePHI), Health Care Providers, Healthcare, HHS

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Oregon’s amendment of the Unlawful Trade Practices Act makes privacy policies and consumer contracts required reading.

Effective May 25, 2017, privacy statements that are “materially inconsistent” with how you handle consumer information violate a new amendment of the Oregon Unlawful Trade Practices Act (“UTPA”). A consumer may file a complaint…more

Consumer Contracts, Consumer Information, Privacy Policy, Unlawful Trade Practices Acts

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Muslim-Country Travel Ban Upheld in Part

The U.S. Supreme Court decided that the United States can ban entry by persons from Muslim countries, partially and temporarily upholding the Executive Order travel ban. Travelers from Iran, Syria, Sudan, Libya, Somalia, and…more

B-1, B-2, Bona Fide Relationship Test, Executive Orders, Muslims

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The Clock Is Ticking: Refile DMCA Designated Agent Registration by Dec. 31 or Lose Safe Harbor Benefits

If there is one thing you need to do by the end of the year, it is refiling your designated agent registration with the Copyright Office. The message from the Copyright Office is very clear — if you do not refile by December 31,…more

Copyright, Copyright Office, Copyright Registration, DMCA, Safe Harbors

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Don’t Be the Next Headline: Protect Your Company’s Trade Secrets!

WITH UNCERTAINTY SURROUNDING PATENT LAW in the middle of this tech boom, it’s no surprise that legal headlines continue to highlight jury verdicts and court orders awarding millions of dollars for trade secret theft. When…more

Confidential Information, Trade Secrets

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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

Board of Directors, C-Suite Executives, Corporate Executives, Diversity

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Maximizing and Measuring Social Impact

Business and Philanthropy have traditionally formed a dichotomy. Business is the pursuit of monetary profits, philanthropy the pursuit of social good with donated money. This dichotomy has been eroding so that a complex spectrum…more

Business Development, Non-Profits

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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

Class Action, False Statements, Misleading Statements, Omnicare v Laborers District Council, Section 11

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Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers

Long Term Care Provider Data Targeted and Held Hostage by Malicious Software - Long Term Care (LTC) facilities are increasingly targeted by criminals who seek to profit by infecting LTC computer systems with ransomware. …more

HIPAA, HIPAA Audits, Long-Term Care, Ransomware

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Before You Subscribe: Cannabis Investor Education

WITH ANY BUSINESS OPPORTUNITY COMES RISK AND THE CANNABIS industry is no different. Cannabis investors need to consider whether the potential recipient of their investment dollars has sufficient liquidity and access to capital,…more

Asset Seizure, Banking Restrictions, Brand, Business Opportunities, Cash Transactions

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The Heat of the Moment: When Inking That Big Deal, Make Sure Dispute Resolution Provisions Are on Your Checklist

The strength of the Seattle area economy has been attracting both national and international attention. The bird that is synonymous with economic activity — the construction crane — is visible from downtown to South Lake Union…more

Arbitration, Construction Contracts, Construction Industry, Contract Drafting, Contract Negotiations

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Is There a Possible Limit to an Insurer’s Duty to Defend in Washington State?

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed Western District of Washington Judge Ronald B. Leighton’s decision finding no duty to defend negligence claims arising out of a murder-suicide…more

Appeals, Duty to Defend, Insurance Litigation, Wrongful Death

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Be Aware: Washington DOR Forming Unit to Enforce New B&O Tax on Out-of-State Wholesalers

New Washington legislation expands the state’s B&O tax to wholesalers and imposes a click-through nexus provision for online retailers. As a result, the Department of Revenue is forming a tax discovery unit to enforce the new…more

B&O Tax, Click-Through Nexus, Department of Revenue, Economic Presence Nexus, Internet Retailers

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What Oregon Producers Need to Know Before Their Bump Arrives

On April 28, 2017, the Oregon Liquor Control Commission (OLCC) approved rules allowing licensed recreational cannabis growers to also grow for Oregon Medical Marijuana Program (OMMP) cardholders. The OLCC’s authority to…more

Cole Memorandum, Marijuana, Medical Marijuana, Tracking Systems

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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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DOJ Fires a Warning Shot: New Federal Charging and Sentencing Policy

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum establishing revised charging and sentencing policy applicable to the Department of Justice (the “Charging Memo”). The Washington Post quotes the Attorney…more

Cole Memorandum, DOJ, Marijuana, Prosecutorial Discretion

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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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Third Circuit Affirms Dismissal of Plaintiffs’ Challenge to Risk Factors and Earnings Projections, in Williams v. Globus Medical, Inc. (July 28, 2017)

A recent Third Circuit opinion demonstrates the high bar that plaintiffs face when attempting to plead the falsity of two categories of statements: (1) risk factors alleged to be misleading because the warned-of risk had already…more

Board of Directors, Class Action, Contract Termination, Corporate Officers, Duty to Disclose

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Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

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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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Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as an…more

Airspace, Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA)

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Lane Powell Assists Washington Legal Foundation with US Supreme Court Amicus Brief in Cyan Securities Class Action

On September 5, 2017, my colleague Kristin Beneski and I were honored to file a US Supreme Court amicus brief on behalf of the Washington Legal Foundation (“WLF”) in Cyan, Inc. v. Beaver County Employees Retirement Fund…more

Class Action, Cyan Inc v Beaver Cty Emps Ret Fund, Jurisdiction, SCOTUS, Securities Act of 1933

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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

Attorney-Client Privilege, Discovery, WA Supreme Court

See all updates »

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

Board of Directors, C-Suite Executives, Corporate Executives, Diversity

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Washington Paid Sick Leave Update: Top 10 Things Every Washington Employer Needs to Know Now

The Washington State Department of Labor and Industries has now published final regulations implementing Initiative 1433 — the new statewide paid sick leave law passed by the voters in November 2016. These regulations have been…more

Covered Employees, DOL, Employer Liability Issues, Exempt-Employees, Paid Sick Leave Act

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The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of…more

Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Patents

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The Supreme Court Holds that the Securities Act’s Statute of Repose Is Not Subject to American Pipe Tolling, in CalPERS v. ANZ Securities (June 26, 2017)

In a 5-4 decision split along traditional ideological lines, the U.S. Supreme Court held in CalPERS v. ANZ Securities, Inc., 582 U.S. ___ (2017), that the statute of repose in Section 13 of the Securities Act cannot be tolled…more

CalPERS v ANZ Securities, Class Action, Equitable Tolling, Opt-Outs, SCOTUS

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The Absolute Priority Rule: Zachary v. California Bank & Trust

The Ninth Circuit Court of Appeals has now joined the Courts of Appeals from the Fourth, Fifth, Sixth and Tenth Circuits, and the Eighth Circuit Bankruptcy Appellate Panel (BAP) in holding that the absolute priority rule found…more

Absolute Priority Rule, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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IRS Rifles Through Cannabis Records

A federal judge in Colorado recently upheld a summons issued by the IRS to the Marijuana Enforcement Division (MED) of the Colorado Department of Revenue. Rifle Remedies, LLC v. U.S., 120 AFTR 2d 2017-5447, (DC CO), 10/26/2017…more

IRS, Marijuana, Marijuana Related Businesses

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Mind the Gap: Connecting CannaBusinesses and Investors

Lane Powell supports the Cannabis Investor Network (CIN) in Seattle. The mission of CIN is to connect accredited investors with state-legal cannabis businesses that need additional capital. Lane Powell hosted the inaugural…more

Accredited Investors, Marijuana, Marijuana Related Businesses

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ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad…more

Advocate Health Care v Stapleton, Benefit Plan Sponsors, Church Plans, Churches, Employee Benefits

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Bombardier Update

Lane Powell previously analyzed the trade dispute over the Bombardier C Series aircraft underway in the U.S. International Trade Commission (ITC)…more

Aircraft, Anti-Competitive, Anti-Dumping Duty, Aviation Industry, International Trade Disputes

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Living Next Door to Alice

Those who practice patent law in the computer arts before the USPTO are well aware of dealing with 35 U.S.C. § 101 rejections of claims due to alleged lack of patentable subject matter when claiming so-called “abstract ideas.”…more

Abstract Ideas, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter

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In Wake of Equifax Breach, Squatters Appear and Are Vanquished

On September 7, Equifax Inc. announced the cyber security breach that could potentially impact 100 million U.S. consumers. In addition to Equifax’s main website, Equifax.com, the company set up a dedicated website —…more

Cybersecurity, Data Breach, Data Security, Domain Names, Equifax

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The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of…more

Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Patents

See all updates »

Be Aware: Washington DOR Forming Unit to Enforce New B&O Tax on Out-of-State Wholesalers

New Washington legislation expands the state’s B&O tax to wholesalers and imposes a click-through nexus provision for online retailers. As a result, the Department of Revenue is forming a tax discovery unit to enforce the new…more

B&O Tax, Click-Through Nexus, Department of Revenue, Economic Presence Nexus, Internet Retailers

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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

Financial Institutions, Power of Attorney

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Dr. Colleen Delaney and Fred Hutch: Bringing cord stem cell discoveries to the marketplace.

The statistics are sobering. Every three minutes, someone in the United States is diagnosed with leukemia, lymphoma or another form of blood cancer. And every nine minutes, someone dies of blood cancer, according to the Leukemia…more

Life Sciences, Research and Development, Stem cells

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Business Investment in China: Where Is the Money?

Thanks to its strategic location, vibrant entrepreneurial spirit, business environment and the wildly popular movie Beijing Meets Seattle , the Puget Sound area has quickly become one of the most popular destinations for Chinese…more

China, Due Diligence, Foreign Currency, Foreign Investment, Foreign Subsidiaries

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Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321 –…more

Collateral, Fishing Industry, Hunting & Fishing Licenses, Liens, Maritime Transport

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A Prescription for Large Development Projects in 2015: Perseverance!

Large development projects are not for the faint of heart. They test a multitude of resources, including patience, economic capital, the ability to compromise, acumen, creativity, and probably most of all, one’s sanity. There…more

Real Estate Development, Real Estate Market

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Oregon's Statutory Peer Review Privilege for Health Care Providers: What It Is and How to Not Waive It

Where would you rather undergo coronary bypass surgery? At a hospital where mistakes and concerns that occurred during prior surgeries of other hospital patients are analyzed to develop and implement surgical policies that can…more

Health Care Providers, Hospitals, Peer Review, Physicians, Privileged Communication

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Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more

DOJ, Elder Issues, Fraud, Government Investigations, Long Term Care Facilities

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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 Industry

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Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim for…more

ALJ, LHWCA, Longshoremen, Mental Health, PTSD

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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

Financial Institutions, Power of Attorney

See all updates »

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

Ballot Measures, Minimum Wage, Paid Leave, Paid Sick Leave Act, Sick Leave

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Washington Supreme Court Affirms Washington Federal v. Gentry and Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure

The Washington Supreme Court issued an opinion today affirming the right of a lender to obtain a deficiency judgment against a commercial guarantor following a nonjudicial foreclosure. Divisions One and Two of the Washington…more

Banking Sector, Banks, Commercial Loans, Construction Industry, Deed of Trust

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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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Matal v. Tam: Supreme Court Rules USPTO Prohibition of Offensive Marks Based On Disparagement Clause Is Unconstitutional Under the First Amendment

Historically, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered to be offensive in that they disparaged a particular person, group or institution. Now the PTO cannot deny the registration…more

Constitutional Challenges, Disparagement, First Amendment, Free Speech, Lanham Act

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Business Investment in China: Where Is the Money?

Thanks to its strategic location, vibrant entrepreneurial spirit, business environment and the wildly popular movie Beijing Meets Seattle , the Puget Sound area has quickly become one of the most popular destinations for Chinese…more

China, Due Diligence, Foreign Currency, Foreign Investment, Foreign Subsidiaries

See all updates »

Building a Valuable Patent Family Using the Technique of Functional Deconstruction

There are several advantages to pursing protection for a key innovation in the form of a “family” of patents and pending patent applications. These include the possibility of obtaining protection in the form of claims covering…more

Innovation, Intellectual Property Protection, Inventions, Patent Applications, Patent Portfolios

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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

Mission Related Investments (MRIs), Philanthropy, Private Foundations, Program Related Investments (PRIs)

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Ninth Circuit Rules Settling a Non-CERCLA Environmental Claim Can Trigger the Time-Period to Bring a CERCLA Contribution Claim

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) a responsible party that settles with the government via a consent decree to cleanup or pay for remediation has three years to…more

CERCLA, Consent Decrees, EPA, RCRA

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Navigating Environmental Regulations: Tips for Staying in Compliance

Our state’s ever-changing regulatory environment makes it hard to stay on the right side of the law. Here are some simple steps to help keep your business in compliance: 1. Ignorance Is Not Bliss. Take time to research…more

Best Management Practices, Environmental Policies, Manufacturers, Waste Disposal

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USCIS to Resume H-1B Premium Processing by October 3, 2017

Earlier this year the United States Citizenship and Immigration Service (USCIS) announced that it would suspend premium processing for all H-1B petitions. The suspension was to allow USCIS to reduce its backlog of non-premium…more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Popular, USCIS

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Best Practices for Best Employers: How to Become a Best Workplace Starting Today! - August 2015

Top 5 Legal Developments Every Employer Needs to Know Now - Laws affecting employers are changing faster than ever. If you don’t keep up, you can get burned. Here are a few of the most recent big changes every employer…more

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Toxic Tort Claims From Train Derailment: Fear of Cancer and Satisfaction of the Amount in Controversy Requirement

On August 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff’s fear of cancer toxic tort claims arising out of an alleged injury from a…more

Cancer, Diversity Jurisdiction, Toxic Chemicals, Trains

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Seattle Secure Scheduling Ordinance: Critical Questions Answered

The Seattle Secure Scheduling Ordinance will take effect on July 1, 2017. With less than two weeks to go, Lane Powell has been fielding questions from our clients on some of the nuances regarding implementation of the new law…more

Covered Employer, Good Faith, Local Ordinance, Secure Scheduling, Wage and Hour

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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

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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Corporate Responsibility: Friedman vs. Porter and the Trend Toward Shared Value

On September 13, 1970, The New York Times published an oped by University of Chicago Professor Milton Friedman that provided the intellectual framework for a profound shift in American corporate governance. The article,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, Corporate Social Responsibility

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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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ATC Privatization: Bill Set to Union Calendar

The 21st Century Aviation Innovation, Reform, and Reauthorization (AIRR) Act — H.R. 2997 — proposes to transfer operation of the U.S. air traffic control system (ATC) from the Federal Aviation Administration (FAA) to a private…more

Air Traffic Control Systems, Aviation Industry, Federal Aviation Administration (FAA)

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Energy Efficient Buildings: It’s the Law (and a Good Idea Too)

Energy efficiency and sustainable building development and management are no longer viewed as a novel but impractical concept, or something only environmentalists long for. Improving existing buildings and constructing new…more

Energy Efficiency, Green Buildings

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New DOL ‘White Collar’ Overtime Rule Remains on Indefinite Hold

In November 2016, we reported that a federal judge in Texas issued a nationwide preliminary injunction against the U.S. Department of Labor’s (DOL) new overtime rule. Accordingly, the rule — which would have increased the…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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First Circuit Affirms Dismissal of Biogen Investors’ Claims, Finding a Lack of “Connecting Detail,” in In re Biogen Inc. Securities Litigation, 857 F.3d 34 (May 12, 2017)

In this putative class action, investors alleged that Biogen executives misled the public about the impact on sales of the company’s multiple sclerosis drug Tecfidera after one patient’s death. Plaintiffs alleged violations of…more

Investors, Misleading Statements, Private Securities Litigation Reform Act of 1995, Putative Class Actions, Securities Exchange Act

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BREAKING NEWS — ERISA: DOL Publishes TODAY Proposed Rule to Delay Implementation of New ERISA Claims Regulations?

You already know that since December 2016 the United States Department of Labor (DOL) has been reworking regulations governing disability plan administration…more

Delays, Disability Benefits, DOL, ERISA, Implementation Day

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My Business Was Hit With a Class Action! What Do I Do?

You may think that class action litigation is the legal problem of large companies, but even small mom-and-pop businesses can become targets for this type of litigation. The concerns could be wage related or accessibility…more

Campbell Ewald v Gomez, Class Action, Class Certification, Litigation Strategies, SCOTUS

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Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy policy…more

COPPA, Data Collection, Data Privacy, Data Protection, Data Retention

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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

Financial Institutions, Power of Attorney

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Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more

DOJ, Elder Issues, Fraud, Government Investigations, Long Term Care Facilities

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Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly when…more

C-Suite Executives, Cybersecurity, Outside Counsel, Strategic Planning

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Copyright and Compliance for All: 10 Business Resolutions to Increase Copyright Success and Security in 2017

Does your business run and maintain a website? Does it create or license website or other content? Does it run and implement software? If you’ve answered yes to these questions, but haven’t yet considered the importance of…more

Copyright, Copyright Infringement, DMCA, Internet Service Providers (ISPs), Popular

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Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed…more

Food Manufacturers, Forum Shopping, Multidistrict Litigation, Patent Infringement, Patent Litigation

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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 (P3s)

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Deciphering Smoke Signals — FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry

Synopsis: Dual-use cannabis consumption products and their off-label uses may cause those products to fall within the new FDA rules governing tobacco products. Manufacturers and retailers of vape pens and atomizers…more

E-Cigarettes, FDA, Marijuana, Off-Label Use, Tobacco

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The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift

The U.S. Drug Enforcement Agency (DEA)’s recent decision declining to reschedule cannabis is a step bridging the national discussion — a step toward a possible agreement on medical cannabis through scientific research. The…more

Controlled Substances Act, DEA, Drug & Alcohol Abuse, Federal v State Law Application, HHS

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The Clock Is Ticking: Refile DMCA Designated Agent Registration by Dec. 31 or Lose Safe Harbor Benefits

If there is one thing you need to do by the end of the year, it is refiling your designated agent registration with the Copyright Office. The message from the Copyright Office is very clear — if you do not refile by December 31,…more

Copyright, Copyright Office, Copyright Registration, DMCA, Safe Harbors

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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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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

Ballot Measures, Minimum Wage, Paid Leave, Paid Sick Leave Act, Sick Leave

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From Honeycrisp to SweeTango: How Apple Plant Patents Liberated the American Palate

Autumn spells and smells of apples. Nowadays, newly patented apple varieties promise to dazzle our taste buds anew as fall harvests come in from our nation’s orchards…more

Patents, Plant Patents, Trademarks

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The Absolute Priority Rule: Zachary v. California Bank & Trust

The Ninth Circuit Court of Appeals has now joined the Courts of Appeals from the Fourth, Fifth, Sixth and Tenth Circuits, and the Eighth Circuit Bankruptcy Appellate Panel (BAP) in holding that the absolute priority rule found…more

Absolute Priority Rule, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address…more

Dispensaries, Inventory, Licenses, Liquor, Marijuana

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Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect by a Vessel Owner

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On the…more

Turnover Laws, Vessels, Workplace Injury

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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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No “Extreme Departure” From the Classical Materiality Standard for Omissions: Second Circuit Rejects First Circuit Test for Material Omissions in Registration Statements, in Stadnick v. Vivint Solar, Inc. (June 21, 2017)

The Second Circuit, affirming the Southern District of New York’s dismissal of a ’33 Act securities class action, reaffirmed that the Circuit’s operative test for determining the materiality of omissions is the test set forth in…more

Putative Class Actions, Securities Act of 1933

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Second Circuit Applies Morrison to Rule 23 Predominance Analysis, in In re Petrobras Securities, but Rejects Third Circuit’s “Heightened” Ascertainability Requirement (July 7, 2017)

On July 7, the Second Circuit affirmed in part and vacated in part an order by Judge Rakoff of the S.D.N.Y. certifying two classes in the In re Petrobras Securities litigation, — F.3d –, 2017 WL 2883874 (2d Cir., July 7, 2017)…more

Ascertainable Class, Class Certification, Kickbacks, Money Laundering, Morrison v National Australia Bank

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Pay Equity Update: California Jumps on Pay History Bandwagon

Earlier this month, we discussed Oregon’s new pay history ban, which became effective on October 6. On October 12, California enacted its own pay history ban, which prohibits all California employers from directly or indirectly…more

Equal Pay, Pay Equity Laws, Salary/Wage History, Wage and Hour

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The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be of…more

Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Patents

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My Business Was Hit With a Class Action! What Do I Do?

You may think that class action litigation is the legal problem of large companies, but even small mom-and-pop businesses can become targets for this type of litigation. The concerns could be wage related or accessibility…more

Campbell Ewald v Gomez, Class Action, Class Certification, Litigation Strategies, SCOTUS

See all updates »

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed…more

Food Manufacturers, Forum Shopping, Multidistrict Litigation, Patent Infringement, Patent Litigation

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A Year-End Summary of Recent Railroad Preemption Cases

Railroads have long defended certain state law tort claims in crossing accident and trespasser cases by invoking the doctrine of federal preemption. The past year is no exception. Although the discussion of the cases below is…more

Employee Training, Federal Railroad Administration, Noise Control Ordinances, Preemption, Railroads

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Ninth Circuit Analyzes Statements Concerning FDA Feedback, in In re Atossa Genetics, Inc. Securities Litigation (August 18, 2017)

On August 18, 2017, a Ninth Circuit panel affirmed in part, reversed in part, and vacated in part the district court’s dismissal of the amended securities fraud class action complaint in In re Atossa Genetics, Inc. Securities…more

CEOs, Class Action, FDA, Fraud, SEC

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US Supreme Court Fails to Resolve Guarantors’ Status Under ECOA

On March 22, in an Equal Credit Opportunity Act (ECOA) case that was closely followed and highly anticipated, the U.S. Supreme Court (in a four-to-four vote) failed to issue a definitive ruling regarding whether Regulation B…more

Creditors, Default, ECOA, Family Status Discrimination, Guarantors

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