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

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

How Lawyers and Accountants Team Up in a Business Purchase

Washington State Business Lawyer C. Michael Kvistad | 5/6/2026
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

Delaware Clarifies Buyer Knowledge – Why Washington LLCs Take Note

Washington State Business Lawyer C. Michael Kvistad | 4/15/2026
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

What Taylor Swift’s Trademark Strategy Teaches Washington Businesses

Washington State Business Lawyer C. Michael Kvistad | 4/15/2026
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