Recent News

In a recent blog post HERE, I referenced Trimm v. Kelly, No. 86734-2-I, 2025 Wash. App. LEXIS 2666 (Ct. App. Dec. 29, 2025) (unpublished), which adopted a new demand futility test for derivative claims under Washington law. A more thorough review of Trimm’s facts and analysis of Trimm is instructive for practitioners in assessing how… Read More

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

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

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

In this webinar, Attorney Eli K. Yim discusses, "Boilerplate Provisions in Contracts" https://youtu.be/ve7rGffITOc?si=mOuxVFslfRvlJcMe&t=13 Read More

When Washington business owners embark on an acquisition, they often view their professional advisors as operating in silos: the lawyer handles the “legal paperwork” and the accountant handles the “numbers.” In reality, the quality of the outcome depends on these two roles working together. A lawyer can draft the strongest indemnity clause imaginable, but it… Read More

In this webinar, Attorney David C. Tingstad discusses "How Does EBITDA Help Establish Value of Business in WA" Read More

When Delaware speaks, deal lawyers listen. And in In re Dura Medic Holdings, Inc., Consolidated Litigation, Cons. C.A. No. 2019-0474-JTL (Del. Ch. Feb. 20, 2025), the Delaware Court of Chancery clarified two issues that routinely shape private M&A negotiations: (1) Whether Delaware remains a pro‑sandbagging jurisdiction, and(2) When a buyer can use a transaction multiple… Read More

Taylor Swift is many things – artist, cultural force, economic engine – but she’s also something business owners sometimes overlook: a disciplined, strategic brand manager. Her recent trademark activity is a reminder that protecting your brand is not optional. It’s a core business function. Swift’s team has filed trademark applications for everything from album titles… Read More