Recent News

Washington Updates its Demand Futility Standard

Washington State Business Lawyer Caleb J. Tingstad | 6/8/2026
In 2009, Washington’s Supreme Court announced in In re F5 Networks that Washington follows Delaware with respect to its standard for pleading demand futility in derivative actions. A previous blog discussed that here. In 2021, Delaware’s Supreme Court announced an updated test for demand futility. This posed a question to Washington practitioners as to whether… Read More

If You Think You Are a Member of a Washington LLC, You Better Act Fast!

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/3/2026
As someone who has been deeply involved with limited liability companies since their inception in Washington in 1995, I am surprised by the questions that repeatedly arise.  One such question is: Am I a member?  A brand new Washington Court of Appeals case highlights some issues.  In Fisch v. FRR-Harmon, LLC (June 2026, WA), Michael… Read More

The End Of Fly-By-Night Bargain Buyers?

Washington State Real Estate Lawyer Andrew M. McKenzie | 6/3/2026
Many property owners are familiar with letter solicitations offering out of the blue to buy real estate.  Almost invariably, these offers propose to purchase property will little to no due diligence and for far below market value.  Solicitations may also come by text, email, cold calls, or even door knocking.  While sellers statistically ignore the… Read More

Corporate Governance Lessons from Taylor Swift

Washington State Business Lawyer C. Michael Kvistad | 6/2/2026
I had previously looked at Taylor Swift as a case study in trademark law, but her success isn't just about a name or a logo. It’s about brand ownership and control. For instance, when Swift decided to re-record her entire catalog, she wasn't just making a creative choice, she was executing a massive shift in… Read More

Partition: When Your Co-Owner Doesn’t Want to Sell the Property

Washington State Litigation Lawyer Kelsey L. Affronte | 5/29/2026
Partition is a legal cause of action stemming from common law, but now a statutory right for property owners (RCW 7.52). If you own a property with another person, you are likely tenants-in-common. Partition allows one owner to force a sale of the property – either at auction or on the market – if your… Read More

Five Warning Signs a Real Estate Syndication Is Headed for Litigation

Washington State Litigation and Business Lawyer J Patrick Diener | 5/18/2026
Real estate syndications are often built on optimism. Investors gather around a promising apartment acquisition, development opportunity, or value-add project with the expectation that the sponsor will execute the business plan, distribute returns, and communicate clearly along the way. In strong markets, many problems remain hidden beneath rising property values and easy refinancing conditions. When… Read More