Recent News

Fiduciary Duties, Entity Types and the Family Business

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/19/2020
Often the harshest business disputes are those taking place where there ought to be the most love: in the midst of family. That is the context of this week’s case, which is the culmination of 10+ years of familial issues: Kesselring v. Kesselring, No 78764-1-I, 2020 WL 1675788 (Wn. App. Apr. 6, 2020). Highlighted in… Read More

A Rare Washington Fiduciary Duty Case

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/12/2020
The sale of an interest in an LLC and fiduciary duties in the context of such a sale were the subject of a recent Washington Court of Appeals decision Tersuli Construction Services, LLC v. Miletich, No 78906-6-I, 2020 WL 3268044 (Wn. App. May 18, 2020). The LLC and Membership Buy-Out Tersuli is a dispute between… Read More

Of Professional Services Corporations, Murder And Valuation

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/5/2020
I doubt anyone will ever put a TV show together based on business entity law.  My suspicion is that a large percentage of the viewing population would consider it too “boring.”  I beg to differ, and this week’s post on the King and Mockovak dispute supports my view.  When you read King and Mockovak Eye… Read More

Question With No Answer (Yet): Conflict Within LLC Act

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/29/2020
As a member of the drafting committee of Washington’s LLC Act, RCW 25.15 (the “Act”), I know the difficulty associated with drafting. The committee spent years pouring over the Act and continues to work to improve it.  One of the issues that has provided some difficulty is an apparent contradiction between the dissociation provisions of… Read More

LLCs Are NOT Corporations

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/22/2020
Many “good ideas” today take direction from other “good ideas” before them. This blog, for example, takes inspiration from other “bloggers” in the legal community, such as my friend Tom Rutledge, an expert in business entity law from Kentucky. I will certainly refer to Mr. Rutledge’s blog in future posts as he offers unique insight… Read More

LLC Member Dissociation – A Discussion

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/15/2020
The Big Dipper is a club in Spokane known for its lively music and fantastic atmosphere. Unfortunately, it became the center of an ugly dispute between co-owners (and friends), which culminated in (almost certainly) the end of a friendship and the recent unpublished appellate decision, Brower v. Hoerner, No. 36442-9-III, 2020 WL 1282511 (Wn. App.… Read More

SBA Releases Simplified PPP Forgiveness Application

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/17/2020
Earlier today—June 17, 2020—the Small Business Administration (“SBA”) posted a new loan forgiveness application for recipients of a Paycheck Protection Program (“PPP”) loan.  In May, the SBA released their first application, which I (very briefly) noted here. The SBA updated the new application so as to align with the recent changes to the PPP legislation. … Read More

Congress Makes Massive Changes To PPP Loan Forgiveness

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/10/2020
Recently, Congress passed, and the President signed into law, the Paycheck Protection Flexibility Act (the “Flexibility Act”), which modifies the Paycheck Protection Program (the “PPP”) as set out in the original CARES Act. The Flexibility Act replaces certain provisions of the PPP, while enhancing other PPP provisions.  Significantly, the Flexibility Act makes the following changes… Read More

Calculating Your PPP Loan Forgiveness

Washington State Business and Real Estate Lawyer David C. Tingstad | 5/27/2020
Beresford Booth has actively monitored the latest developments in the Paycheck Protection Program (“PPP”) along with the process by which PPP loans will be forgiven.  Last week, I gave a webinar discussing PPP loan forgiveness and its various aspects.  It can be found here. In addition to this presentation, I recently found a helpful website… Read More