Recent News

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

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

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

When purchasing a home, buyers have a daunting amount of matters to focus on...how much earnest money to put down, how to structure an offer, how to address financing, how to address inspection contingency results, and more.  One matter which often gets lost in the shuffle, however, is title insurance,  A purchaser who enters into an agreement… Read More

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

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dispute between co-owners (and friends), which culminated in (almost certainly) the end of a friendship and the recent unpublished appellate decision, Brower v. Hoerner, No. 36442-9-III, 2020 WL 1282511 (Wn.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

Real estate brokers in Washington frequently confront situations where they must carefully navigate to avoid acting as lawyers.  In Washington, it is a misdemeanor to engage in the “unauthorized practice of law.”  Court rules define the practice of law as “the application of legal principles and judgment with regard to the circumstances or objectives of… Read More

Increasingly, many property owners find themselves living in condominiums governed by associations.  A condominium association typically has several governing documents that enumerate rights and responsibilities of the owners and the Board of Directors, such as a declaration, bylaws, and rules and regulations.  One of the major aspects of community living consists of enforcement of the… Read More

June 25th, 2020 David Tingstad and Bill Kessler speak about the new PPP application for loan forgiveness. Read More